L-4.1 - Act respecting electoral lists

Full text
265. (Replaced).
R. S. 1964, c. 7. s. 257; 1972, c. 6, s. 55; 1975, c. 8, s. 51; 1975, c. 9, s. 28; 1979, c. 56, s. 256.
265. (1)  Every one shall be guilty of an offence and liable to a fine of one hundred dollars to five hundred dollars and to an imprisonment of one month to two years and, on failure to pay the fine, to an additional imprisonment of fifteen days to one year, who
(a)  forges, counterfeits, fraudulently alters, defaces or fraudulently destroys a ballot-paper or the initials of the deputy returning-officer;
(b)  without authority has in his possession paper used in the making of ballot-papers or supplies a ballot-paper to any person;
(c)  fraudulently places in a ballot-box a paper other than the ballot-paper which he is authorized by law to place in it;
(d)  fraudulently takes a ballot-paper out of the polling-station;
(e)  maculates a ballot-paper with intent to cause it to be rejected;
(f)  without due authority destroys, takes, opens, damages or handles in any manner a ballot-box or a ballot-paper previously used or intended for use for the purposes of the election;
(g)  fraudulently puts, otherwise than as authorized by section 253, the initials of his surname and Christian names or those of a deputy returning-officer on the back of any paper purporting to be or capable of being used as a ballot-paper at an election;
(h)  with fraudulent intent, prints any ballot-paper or what purports to be or is capable of being used as a ballot-paper at an election;
(i)  being authorized by the returning-officer for an election to print the ballot-papers for that election, prints with fraudulent intent more than the quantity authorized;
(j)  makes a false declaration to any returning-officer or election-clerk in order to obtain an attestation under section 246;
(k)  forges, counterfeits or fraudulently alters an attestation required to vote at a polling-station under section 246;
(l)  not being the person mentioned in an attestation delivered under section 246, presents such attestation to a deputy returning-officer in order to obtain a ballot-paper;
(m)  being a returning-officer or election-clerk, delivers an attestation in the form 51 to any person whom he knows to be not entitled to such attestation or delivers an attestation in blank;
(n)  being a deputy returning-officer, permits a person to vote whom he knows to be not entitled to vote in his polling-station;
(o)  being a deputy returning-officer, receives an oath without having administered it according to the form prescribed by law;
(p)  being charged with administering oaths, administers or attests the administering of an oath without having administered it as prescribed by law;
(q)  being a deputy returning-officer or poll-clerk, issues for fraudulent use the authorizations signed by the candidates and delivered to him by the agents;
(r)  being a deputy returning-officer, does not arrange the polling-booths in conformity with section 222; or being a poll-clerk, candidate or agent, permits the deputy returning-officer to arrange a polling-booth otherwise than in conformity with section 222;
(s)  with fraudulent intent makes, prints, lends, gives, sells, takes, destroys, tears, maculates, forges or alters authorizations for the use of candidates’ agents;
(t)  votes in a polling-subdivision other than that in which he was domiciled on the first day fixed for the annual enumeration or the day of the issue of the writ of election in all other cases;
(u)  attempts to commit or participates in or is accessory to the commission of any offence specified in this section.
(2)  When the person who commits any of the offences provided for by subparagraphs a, b, c, d, e, f, g, h, i, j, p, s and t of this section is an election officer, he shall be liable, instead of the penalties prescribed in subsection 1 of this section, to a fine of three hundred dollars to one thousand dollars and to an imprisonment of one year to five years and, on failure to pay the fine, to an additional imprisonment of six months to two years.
R. S. 1964, c. 7. s. 257; 1972, c. 6, s. 55; 1975, c. 8, s. 51; 1975, c. 9, s. 28.