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Section 41_d_. Every candidate who is voted for at any public
election held within this state shall, within ten days after such
election, file as hereinafter provided an itemized statement, showing
in detail all the moneys contributed or expended by him, directly or
indirectly, by himself or through any other person, in aid of his
election. Such statement shall give the names of the various persons
who received such moneys, the specific nature of each item, and the
purpose for which it was expended or contributed. There shall be
attached to such statement an affidavit subscribed and sworn to by
such candidate, setting forth in substance that the statement thus
made is in all respects true, and that the same is a full and detailed
statement of all moneys so contributed or expended by him, directly
or indirectly, by himself or through any other person in aid of his
election. Candidates for offices to be filled by the electors of the
entire state, or any division or district thereof greater than a
county, shall file their statements in the office of the secretary of
state. The candidates for town, village, and city offices, excepting
the city of New York, shall file their statements in the office of the
town, village, or city clerk respectively, and in cities wherein there
is no city clerk, with the clerk of the common council wherein the
election occurs. Candidates for all other offices, including all
offices in the city and county of New York, shall file their
statements in the office of the clerk of the county wherein the
election occurs.
Section 41_e_. A person offending against any provision of
sections forty-one and forty-one-a of this act is a competent witness
against another person so offending, and may be compelled to attend
and testify upon any trial, hearing, proceeding, or investigation in
the same manner as any other person. But the testimony so given shall
not be used in any prosecution or proceeding, civil or criminal,
against the person so testifying. A person so testifying shall not
thereafter be liable to indictment, prosecution, or punishment for the
offense with reference to which his testimony was given and may plead
or prove the giving of testimony accordingly, in bar of such an
indictment or prosecution.
Section 41_f_. Whosoever shall violate any provision of this title, upon
conviction thereof, shall be punished by imprisonment in a county jail
for not less than three months nor more than one year. The offenses
described in section[53] forty-one and forty-one-a of this act are hereby
declared to be infamous crimes. When a person is convicted of any
offense mentioned in section forty-one of this act he shall in addition
to the punishment above prescribed, forfeit any office to which he may
have been elected at the election with reference to which such offense
was committed; and when a person is convicted of any offense mentioned
in section forty-one-a of this act he shall in addition to the
punishment above prescribed be excluded from the right of suffrage for a
period of five years after such conviction, and it shall be the duty of
the county clerk of the county in which any such conviction shall be
had, to transmit a certified copy of the record of conviction to the
clerk of each county of the state, within ten days thereafter, which
said certified copy shall be duly filed by the said county clerks in
their respective offices. Any candidate for office who refuses or
neglects to file a statement as prescribed in section forty-one-d of
this act shall be deemed guilty of a misdemeanour, punishable as above
provided and shall also forfeit his office.
[Footnote 53: So in the original.]
Section 41_g_. Other crimes against the elective franchise are
defined, and the punishment thereof prescribed by special statutes.
Section 2. Section forty-one of the Penal Code, as it existed prior to
the passage of this act, is hereby repealed.
Section 3. This act shall take effect immediately. APPENDIX K.
FORM OF AUSTRALIAN BALLOT ADOPTED IN MASSACHUSETTS,
1889.
OFFICIAL BALLOT
FOR
PRECINCT, WARD,
OF (CITY OR TOWN),
NOVEMBER__, 18__.
[Fac-Simile of Signature of Secretary.]
_Secretary of the Commonwealth_.
SAMPLE BALLOT,
With explanations and illustration.
Prepared by the Ballot Act League with the approval of the Secretary
of the Commonwealth.
* * * * *
Some representative districts elect one, some two, and a few three
representatives to the General Court. Worcester County elects four
commissioners of insolvency instead of three as in other counties.
No county commissioners or special commissioners will be voted for in
the cities of Boston and Chelsea or the county of Nantucket.
* * * * *
Forms for nominating candidates can be had at the department of the
Secretary of the Commonwealth.
* * * * *
Carefully observe the official specimen ballots to be posted and
published just before election day.
To vote for a Person, mark a Cross X
GOVERNOR Vote for ONE.
OLIVER AMES, of Easton Republican.
WILLIAM H EARLE, of Worcester Prohibition.
WILLIAM E. RUSSELL, of Cambridge Democratic.
LIEUTENANT-GOVERNOR Vote for ONE.
JOHN BASCOM, of Williamstown Prohibition.
JOHN Q.A. BRACKETT, of Arlington Republican.
JOHN W. CORCORAN, of Clinton Democratic.
SECRETARY Vote for ONE.
WILLIAM S. OSGOOD, of Boston Democratic.
HENRY R. PEIRCE, of Abington Republican.
HENRY C. SMITH, of Williamsburg Prohibition.
TREASURER Vote for ONE.
JOHN M. FISHER, of Attleborough Prohibition.
GEORGE A. MARDEN, of Lowell Republican.
HENRY O. THACHER, of Yarmouth Democratic.
AUDITOR Vote for ONE.
CHARLES R. LADD, of Springfield Republican.
EDMUND A. STOWE, of Hudson Prohibition.
WILLIAM A. WILLIAMS, of Worcester Democratic.
ATTORNEY-GENERAL Vote for ONE.
ALLEN COFFIN, of Nantucket Prohibition.
SAMUEL O. LAMB, of Greenfield Democratic.
ANDREW J. WATERMAN, of Pittsfield Republican.
COUNCILLOR, Third District Vote for ONE.
ROBERT O. FULLER, of Cambridge Republican.
WILLIAM E. PLUMMER, of Newton Democratic.
SYLVANUS C. SMALL, of Winchester Prohibition.
SENATOR, Third Middlesex District Vote for ONE.
FREEMAN HUNT, of Cambridge Democratic.
CHESTER W. KINGSLEY, of Cambridge /Republican.
\Prohibition.
DISTRICT ATTORNEY, Northern District Vote for ONE.
CHARLES S. LINCOLN, of Somerville Democratic.
JOHN M. READ, of Lowell Prohibition.
WILLIAM B. STEVENS, of Stoneham Republican.
-------------------------------------------------------------
in the Square at the right of the name.
-------------------------------------------------------------
-------------------------------------------------------------
REPRESENTATIVES IN GENERAL COURT
First Middlesex District. Vote for TWO.
WILLIAM H. MARBLE, of Cambridge Prohibition. __
ISAAC McLEAN, of Cambridge Democratic. __
GEORGE A. PERKINS, of Cambridge Democratic. __
JOHN READ, of Cambridge Republican. __
CHESTER V. SANGER, of Cambridge Republican. __
WILLIAM A. START, of Cambridge Prohibition. __
____________________________________________________________
____________________________________________________________
-------------------------------------------------------------
SHERIFF Vote for ONE.
HENRY G. CUSHING, of Lowell Republican. __
HENRY G. HARKINS, of Lowell Prohibition. __
WILLIAM H. SHERMAN, of Ayer Democratic. __
____________________________________________________________
-------------------------------------------------------------
COMMISSIONERS OF INSOLVENCY Vote for THREE.
JOHN W. ALLARD, of Framingham Democratic. __
GEORGE J. BURNS, of Ayer Republican. __
WILLIAM P. CUTTER, of Cambridge Prohibition. __
FREDERIC T. GREENHALGE, of Lowell Republican. __
JAMES HICKS, of Cambridge. Prohibition. __
JOHN C. KENNEDY, of Newton Republican. __
RICHARD J. McKELLEGET, of Cambridge Democratic. __
EDWARD D. McVEY, of Lowell Democratic. __
ELMER A. STEVENS, of Somerville Prohibition. __
____________________________________________________________
____________________________________________________________
____________________________________________________________
-------------------------------------------------------------
COUNTY COMMISSIONER Vote for ONE.
WILLIAM S. FROST, of Marlborough Republican. __
JOSEPH W. BARBER, of Sherborn Prohibition. __
JAMES SKINNER, of Woburn Democratic. __
____________________________________________________________
-------------------------------------------------------------
SPECIAL COMMISSIONERS Vote for TWO.
HENRY BRADLEE, of Medford Democratic. __
LYMAN DYKE, of Stoneham Republican. __
JOHN J. DONOVAN, of Lowell Democratic. __
WILLIAM E. KNIGHT, of Shirley Prohibition. __
ORSON E. MALLORY, of Lowell Prohibition. __
EDWIN E. THOMPSON, of Woburn Republican. __
____________________________________________________________
____________________________________________________________
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[Illustration: SKETCH OF POLLING PLACE.]
SUGGESTIONS TO VOTERS.
Give your name and residence to the ballot clerk, who, on finding your
name on the check list, will admit you within the rail and hand you a
ballot.
Go alone to one of the voting shelves and there unfold your ballot.
Mark a cross X in the square at the right of the name of each person
for whom you wish to vote. No other method of marking, such as erasing
names, will answer.
Thus, if you wished to vote for John Bowles for Governor, you would
mark your ballot in this way:--
GOVERNOR Vote for ONE
JOHN BOWLES, of Taunton Prohibition. X
THOMAS E. MEANS, of Boston Democratic.
ELIJAH SMITH, of Pittsfield Republican.
If you wish to vote for a person whose name is not on the ballot,
write, or insert by a sticker, the name in the blank line at the end
of the list of candidates for the office, and mark a cross X in the
square at the right of it. Thus, if you wished to vote for George T.
Morton, of Chelsea, for Governor, you would prepare your ballot in
this way:--
GOVERNOR Vote for ONE
JOHN BOWLES, of Taunton Prohibition.
THOMAS E. MEANS, of Boston Democratic.
ELIJAH SMITH, of Pittsfield Republican.
_George T. Morton, of Chelsea_ X
Notice, that for some offices you may vote for "two" or "three"
candidates, as stated in the ballot at the right of the name of the
office to be voted for, e.g.: "COMMISSIONERS OF INSOLVENCY. Vote for
THREE."
If you spoil a ballot, return it to the ballot clerk, who will give
you another. You cannot have more than two extra ballots, or three in
all. You cannot remain within the rail more than ten minutes, and in
case all the shelves are in use and other voters waiting, you are
allowed only five minutes at the voting shelf.
Before leaving the voting shelf, fold your ballot in the same way as
it was folded when you received it, and keep it so folded until you
place it in the ballot box.
Do not show any one how you have marked your ballot.
Go to the ballot box and give your name and residence to the officer
in charge.
Put your folded ballot in the box with the certificate of the
Secretary of the Commonwealth uppermost and in sight.
You are not allowed to carry away a ballot, whether spoiled or not.
A voter who declares to the presiding official (under oath, if
required) that he was a voter before May 1, 1857, and cannot read, or
that he is blind or physically unable to mark his ballot, can receive
the assistance of one or two of the election officers in the marking
of his ballot.
END OF BOOK
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