Any person who, upon oath or affirmation, legally administered, wilfully and corruptly testifies or affirms, before any registrar of voters, any moderator of any election, primary or referendum, any board for admission of electors or the State Elections Enforcement Commission, falsely, to any material fact concerning the identity, age, residence or other qualifications of any person whose right to be registered or admitted as an elector or to vote at any election, primary or referendum is being passed upon and decided, shall be guilty of a class D felony and shall be disfranchised.
(1949 Rev., S. 1126; 1953, S. 835d; P.A. 05-235, S. 8; P.A. 06-196, S. 57.)
History: P.A. 05-235 applied section to testimony or affirmation before State Elections Enforcement Commission, added “primary or referendum” and substituted “guilty of a class D felony” for “imprisoned not more than two years”, effective July 1, 2005; P.A. 06-196 made technical changes, effective June 7, 2006.
Cited. 29 CS 305.
Notes of Decisions
Wrotnowski v. Bysiewicz, 958 A.2d 709 (Conn. 2008).
“[General Statutes §] 9-358,” which criminalizes false swearing regarding a person’s qualifications to be registered or admitted as an elector or a voter.”
Acorn v. Bysiewicz, 413 F. Supp. 2d 119 (D. Conn. 2005).
“§ 9-358. And intentionally making a false written statement on the application for a presidential or an absentee ballot is a Class D felony, punishable by imprisonment for up to 5 years, and a fine up to $5000.”
State v. Salafia, 284 A.2d 576 (Conn. Super. Ct. 1971).
· cites it 2× “General Statutes § 9-358. Whether or not the legislative purpose was to go beyond the common-law crime of perjury, it is improbable that the intention was to narrow the scope of that crime as defined by the judicial precedents of this state, which were consistent with the…”
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