6.1205 Misdemeanors.

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The following persons are guilty of a class B misdemeanor, and upon conviction, sentenced accordingly:

(1) any person who offers any bribe or makes any promise of gain, or with knowledge of the same permits any person to offer any bribe or make any promise of gain for his benefit, to any qualified elector to induce him to sign a nomination paper, and any person who accepts any bribe or promise of gain of any kind as consideration for signing it, whether the bribe or promise of gain is offered or accepted before or after the signing;

(2) any person who willfully tears down or destroys or defaces any election proclamation or any poster or notice or list of qualified electors or card of instructions or specimen ballot, issued or posted by authority of law;

(3) any person printing or duplicating or causing to be printed or duplicated any ballot, conforming as to the size, weight, shape, thickness, or color, to the official ballot so that it could be cast or counted as an official ballot in an election;

(4) every person who is disorderly or creates a disturbance whereby any meeting of the district officials or the Board of Registration of qualified electors during an election is disturbed or interfered with; or whereby any person who intends to be lawfully present at any meeting or election is prevented from attending; or who causes any disturbance at any election; and every person assisting or aiding or abetting any disturbance;

(5) every person who, either in person or through another, in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any meeting of the board of registration of qualified electors, or in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any election;

(6) any person, other than those designated by 6.0702, who remains or loiters within the area specified for voting as set forth in 6.0702 during the time appointed for voting;

(7) any person, including candidates carrying on any campaign activities within the area described in 6.0702 on the day on which an election is being held for the purpose of influencing votes; campaign activities include but are not limited to:

(A) the distribution, circulation, posting, or stacking of campaign cards, pamphlets, and other literature;

(B) the use of public address systems and other public communication media;

(C) the use of motor caravans or parades; and

(D) the use of entertainment troupes or the free distribution of goods and services; the “day of election” as used in this paragraph shall commence at midnight on the day the polls are opened and end with the closing of the polls;

(8) any person who opens a reply envelope containing an absentee ballot voted under 6.1101 et seq. other than those authorized to do so;

(9) any qualified elector who makes any false statement in any affidavit required for absentee voting under 6.1101 et seq.;

(10) every person who willfully violates or fails to obey any of the provisions of law, punishment for which is not otherwise specially provided for in chapters 01 through 12 of this title.

History: 1977, PL 15-42 § 1; amd 1980, PL 16-90 § 43.

Amendments: 1980 Amended to conform with penalties provided for in Title 46, Criminal Justice.