398. Every person who, at the voting on a by-law which requires the approval of the persons qualified to vote, does one of the acts mentioned in sections 265 and 272, commits an offence punishable in the following manner:
If, at the trial of a petition to quash a by-law, any person be found, by the judgment of the court, to have, at the time of the proceedings for the approval of a by-law by the persons qualified to vote, aided, influenced, incited or participated in the commission of one of the offences mentioned in section 265, or of personation according to section 272, he shall incur, if found guilty, a fine of $50 to $200 and, in default of payment, an imprisonment of two to six months, provided that prescription has not been acquired under any general or special law.
Any person who has committed one of the above offences may be prosecuted without its being necessary to contest the legality of the by-law which was submitted for the approval of the electors.
R. S. 1964, c. 193, s. 412; 1968, c. 55, s. 119.