Page:1864-65 Territory of Dakota Session Laws.pdf/58

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46
PENAL CODE.

preventing an elector from attending any public meeting lawfully held for the purpose of considering any public questions, is guilty of a misdemeanor.

Sec. 82. Every person who willfully, by unlawful arrest, by force and violence, or by threats or intimidations, prevents an elector from voting at an election, or employs either of such means to hinder him from voting or to cause him to vote for any person or candidate, is guilty of a misdemeanor.

Sec. 83. Every person who willfully disobeys a lawful command of a judge or board of judges of any election, given in the execution of their duty as such, at an election, is guilty of a misdemeanor.

Sec. 84. Every person who is guilty of any riotous conduct, or who causes any disturbance or breach of the peace, or uses any disorderly violence, or threats of violence whereby any election is impeded or hindered, or whereby the lawful proceedings of the judges or canvassers at such election, in the discharge of their duty, are interfered with, is guilty of a misdemeanor.

Sec. 85. Whenever at an election any person refuses to obey the lawful command of the board of judges, or by any disorderly conduct in their presence interrupts or disturbs their proceedings, they may make an order directing the sheriff, or any constable of the county, or one or more special constables to be appointed by them, to take the person so offending into custody, and detain him until the final canvass of the votes shall be completed. But such order shall not prohibit the person taken into custody from voting at the election.

Sec. 86. The fact that any person, offending against the provisions of the preceding section, was taken into custody and detained, as therein authorized, forms no defense to a prosecution for the offense committed, under any provisions of this code.

Sec. 87. Every person who willfully breaks or destroys, on the day of any election, or before the canvass is completed, any ballot-box used or intended to be used at such election, or defaces, injures, destroys or conceals, any ballot which has been deposited in any ballot-box at an election, and has not already