Chapter 2.36
ELECTION OFFENSES

Sections:

2.36.010    Offenses and corrupt practices designated.

2.36.020    Penalty for violation.

2.36.030    Civil remedy.

2.36.010 Offenses and corrupt practices designated.

The following acts are declared to be election offenses and corrupt practices and are prohibited:

A. Inducing, compelling, or attempting to induce or compel any person to vote or refrain from voting for any candidate in any election or for or against any election proposition or question by directly or indirectly using or inflicting or threatening to inflict damage, harm, or loss upon or against the person;

B. Giving, promising to give, or offering any money or other valuable thing to any person with the intent to induce him to vote for or restrain from voting for any candidate or for or against any election proposition or question;

C. Printing or circulating, or causing to be written, printed or circulated, any letter, circular, bill, placard or poster, or other publication relating to any election or to any candidate at any election or to any election proposition or question without the same bearing on its face the name and address of the author, printer, and publisher thereof;

D. Writing, printing or circulating, or causing to be written, printed or circulated, any letter, circular, bill, placard or poster, or causing any paid advertising to be placed in a newspaper or any other publication, or paying or contributing to the payment for any such advertisement, or making any radio broadcast, with knowledge that the letter, circular, bill, placard, or broadcast contains any false statement, charge or comment relating to any candidate at any election or to any election proposition or question;

E. Possession of an official ballot outside of the voting room by any person not authorized by law;

F. While the polls are open, opening any ballot received from a voter, or marking a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempting to learn how any voter marked his ballot, by an election judge or clerk or by any other person without his permission;

G. Publishing or causing to be published any letter, circular, poster, bill, publication, or placard, knowing that it contains any false statement or false charges reflecting on the character, morality, or integrity of any candidate at any election;

H. Voting or attempting to vote in the name of another person or in any name other than his own;

I. By force, threat, intimidation, or offer of reward, inducing or attempting to induce any election judge or clerk to fail in his duty;

J. Wilfully changing or causing to be changed any official election documents including ballots, tallies, and returns, or attempting to do so;

K. Wilfully delaying or causing to be delayed the election returns, or attempting to do so;

L. Wilfully voting or attempting to vote more than once at the same election;

M. Wilfully making a false affidavit or swearing falsely under the oath required by this title;

N. Wilful failure to perform any election duty or knowingly doing any unauthorized act with the intent to affect the election or its results, by any election judge or clerk;

O. Wilfully permitting, making or attempting to make any false count of the election returns by an election judge or clerk;

P. Wilful concealment, withholding, or destruction of the election returns or any attempt to do so by an election judge or clerk;

Q. Electioneering on election day within the polling place or within 200 feet of same. [Ord. 884 § 6, 2014; Ord. 270 § 5, 1972; prior code § 36.45.010(a) – (e), (g) – (r).]

2.36.020 Penalty for violation.

A. Violation of any provision of WMC 2.36.010 shall be punishable as provided for in WMC 1.20.010.

B. Any person elected to any borough office who is convicted of a corrupt practice or election offense as provided in this chapter shall be punished, in addition to any other punishment, by being deprived of the office or position and the vacancy shall be filled as any other vacancy. [Ord. 833 § 61, 2009; Ord. 199 § 5, 1967; prior code § 36.45.020.]

2.36.030 Civil remedy.

The borough may institute civil litigation to recover its costs and expenses of duplicate elections in the event the canvass board determines voting infractions attributable to one or more individuals were sufficient to have changed the outcome of the election and recommends declaration of whole or partial invalidity and new elections be held regarding same. [Ord. 270 § 5, 1972; prior code § 36.45.030.]