Legal Research on Illegal Voting

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s 11.23-1 MISCELLANEOUS OFFENSES

CHAPTER 23.

MISCELLANEOUS OFFENSES.

5 17-23-l

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Sec.

l7-2:1. I Illegal voting or attempting to vote.
17-23-2. Illegal voting at municipal elections.
l7-23-3. Brihirrg or attempting to influence

voter.
17-23-.1. Buying votes.
l7-23-5. Selling votes.
l7-23-6. Candidate barred by bribery.

Sec.
17-23-7. Altering or changing vote of elector.
11-23-8. Disturbing elector on election day.
11-23-9. Becoming intoxicated about voting

place on election daY.
17-23-10. Employer intimidating employee.
l?-23-l I. Coercion of employees of corporations.

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(lr6ss reference. - As to selling, etc., liquor, general, municipal, special or primary election is

vinous or malt and brewed beverages prior to being held, see 5 28-3'260.

closing of polling places on days on which a

S 17-23-1. Illegal voting or attempting to vote.

Any person who votes more than once at any election held in this state, or
rorslit*mfit than one ballot for the same office as his vote at such election,

pts to vote when he ts not entitled to do so, or is guilty of

e penite
on conviction, be imPrisoned in

than five years, at the discretion
of the jury. (Code 18?6, S 4289; Code 1886, S 4185; Code 1896, 5 4692; Code 1907'

S 6?88; Code 1923,5 3906; Code 1940, T. 17, S 302.)

Scope of section. - The language of this
section is hroitd rnough to emtrrace, and in fact
rloes in ilrsis verbis embrace, "any election held
in thrs state." Gandy v. State,82 Ala.6l,2 So.

4(il-r (llllt?). See also Anderson v. St:rte, ?2 Ala.
187 (llli{2); Washington v. State, ?5 Ala. 582

0ttill)
"lllection" defincd. - The word "election"

nreans the act of casting and receiving ballots,
and tlre dty and time of voting. State v. Tucker,
l-r4 Ala. 201-r (1lt?i-r).

Mistake as to qualifications. - A minor, who
is otherwise duly qualified, eannoL be convicted
of illegal voting trecause ht' was not of the
requisite age, if he voted under the honest belief,
indur:ed by information from parents, relations
or actluaintances having kno-wledge of the time
of his birth, that lre had attained his majority.
Gordon v. Stare, 52 Ala. 308 (18?5).

However, if one votes recklessly, or
crrelessly, when the facts are uncertain or
doubtful, his ignorance will not exeuse hirn.
Gortlon v. State, lt2 Ala.308 (1875). See also
Carter v. Stnte, 5l-r Ala. lUl (18?6).

The poll lists are the highest and best
evidence of who voted at hn election. Wilson v.
State, 52 Ala. 299 (18?5). See also Hunter v.

Sbte, 55 Ala. ?6 (18?6).

Sufficiency of indictment' - A count of an

indictment charging that the defendant, not
being 21 years (now ltl years) of age, voter.l at
a given general election held in this state is
sufficient. Gordon v. State, l-r2 Ala. 308 (lli?l-r).

However, a mere general accusation of illegal
voting, without specifying in what the illegal
voting consisted, is not sufficient to support a

conviction. Gordon v. State, l-r2 Ala. 308 (18?lr.
An indictment for dual voting is not

demurrable because it fails to allege the names
of the persons or officers for whom the accused
voted. Wilson v. Stale, 52 Ala. 299 (1875). See

also Carter v. Statc, 55 Ala. l8l (18?6)

Cited in Gandy v. State, 82 Ala' 6l' 2 So. 465
(1886); Gandy v. State, 86 Ala. 20, 5 So. 420
(r888).

Collateral references. - 29 C.J.S., Elections,
5 325, n. l.

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llt,D(;'IloNS s 17-23-5s 17-23-2

S 17-23-2. Illegal voting at municipal elections

Any person who falsely impersonates another and thereby or otherwise

fraudulently casts a vote io *tri.n he is not entitled, or having voted at such

municipal eiection votes a second time, whether in the same ward or another,

o. f,auing once obtained registration in any ward, shall cause himself to be

;;gttrt.;.i a secontl time, or attempts to obtain a second registration, whether

in the same or another name, or whether in the same or another ward, or shall

aid or assist another not so entitlcd, knowing him not to bc so entitled, to vote

or to obtain registration as a voter, shall be guitty of a felony, and, on conviction

in the circuit court, oicourt of like jurisdiction, of the county, shall be punished

Uy i*p6.onment in the penitentiary-for a period of _notless than one nor more

tr1", t""" years. (Code rgoz, S 68r?; Code t-gzg, 5 3935; Code 1940, T' 1?, 5 330')

S l7-23-3. Bribing or attempting to influence voter'

Any person who, by bribery or offering to bribe' or by any other cor-rupt

means, attempts to iniluence any elector in giving his vote, or deter him from

giving the same, o, io ai*trrb, or to hinder him in the free exercise of the right

of suffrage, at any election, must, on conviction, be fined not less than $50'00

nor more than $500.00. tCoae 18?6, S 4292;Code 1886' S 418?;{ode 1896' S 4694;

Code 190?, S 6?90; Code 1923,5 3908; Code 1940, T' 17' 5 304')

(lollateral rcfcrenccs. - Z{) C.J.S., Ill(!ctions, Stutt'rnt'rrt lrv citntlirlllt(l rt'gitrrlirtg sitl:lrv.t)l'

\ zlt{. fct.s of ,rffice ts violirtiorr of (irrrupt I'ritctice

Zi; n,,,.,ltrr'.2r1, l')lections' 5;]??' At'ts or lrrilrt'rl' 10(i ALIi 'll):l'

Trt'rrtitrg of votcrs b1- cirnrlitlate for offict' its

violation iif ct,rru1,t lrractices or sirnilar act 2

Al,tt 102.

S 17-23-4. BuYing votes.

Anypersonwhobuysorofferstobuyanyvoteofanyq'ualifiedelectoratany
electionbythepuv,n.ntofmoneyorthepromisetopaythesameatanyfuture
time, or by the eifi of intoxicaling liquors or other valuable thing, shall be

a"u*"a guilty oia misdemeanor, and, on conviction thereof, shall be fined not

lessthan$50.00normorethan$100'00'(Code190?'S6808;Code1923'53926;
Code 1940, T' 17, S 321.)

S l7-23-5. Sellins votes.

Any qualified elector at any election who takes or receives any money or other

valuaSle thing, ulron ii,..onditirn that the same shall be paid at any future time,

in exchange for the vote of such elector for any particular candidate, or the

iiro*iro to vote foi 
"ny 

prrticular.candidate, shall be guilty of a misdemeanor,

anrl, u,,n .nnuictinn ti,ui"nf, shall be fined not less than $50.00 nor more than

$l-r(x).(x). N() wil,ness shirll lle lrosct:ttt.etl for ltny offcttse ttttrler this section as

t,, wSiclr lrg tcsLificrl lrcfore tlrc gnrnrljury. (corle 11x)7, ti (i1301); Ottrle 1$23, !i 1t927;

Orr.lc 11)40,'l'. 17, 5 322.)

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