CHAPTER 18

PROVIDING FOR USE OF VOTING MACHINES

AN ACT TO AMEND TITLE 15 DELAWARE CODE OF 1953, RELATING TO ELECTIONS BY PROVIDING FOR THE USE OF VOTING MACHINES, BY PROVIDING REGULATIONS FOR THE ACQUISITION, STORAGE AND USE OF VOTING MACHINES AND BY REQUIRING LEVY COURTS TO ACQUIRE NECESSARY VOTING MACHINES AND PROVIDING FOR PENALTIES FOR CERTAIN VIOLATIONS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 15 Delaware Code of 1953 is amended by adding thereto a new chapter to be designated "Chapter 50." as follows:

Chapter 50. Voting Machines

§ 5001. Definitions

(a) As used in this chapter:

"Ballot" means that portion of the cardboard or paper or other material to be placed within the ballot frames of a voting machine containing the name of the candidates and the designation of the party by which he was nominated and the statement of any question submitted.

"Protective counter" means a separate counter built into the voting machine, which cannot be reset, which records the total number of movements of the operating lever.

"Question" means any proposition or other question to be submitted to the voters.

§ 5002. Requirements

(a) Any voting machine may be adopted, purchased or used which shall be so constructed as to fulfill the following requirements.

1. Each voting machine shall have a serial number permanently attached to or stamped on the machine;

2. It shall secure to the voter secrecy in the act of voting for or against as many questions as may be submitted;

3. It shall permit the voter to vote for the candidates of one or more parties;

4. It shall permit the voter to vote for as many persons for an office as he is lawfully entitled to vote for, but no more;

5. It shall prevent the voter from voting for the same person more than once for the same office;

6. It shall permit the voter to vote for or against any question he may have the right to vote upon, but no other;

7. If used in primary elections, it shall be so equipped that the election officials can lock out all rows except those of the voter's party by a single adjustment on the outside of the machine;

8. It shall correctly register or record, and accurately count all votes cast for any and all persons, and for or against any and all questions;

9. It shall be provided with a protective counter or protective device whereby any operation of the machine before or after the election will be detected;

10. It shall be provided with a counter which will show at all times during any election the total number of persons who have voted,;

11. It shall be provided with one device for each party, for voting for all presidential electors of that party by one operation.

(b) Every voting machine shall be furnished with a means of providing sufficient light to enable voters while in the voting booth to read the ballots and suitable for use by the election officers in examining the counters. All voting machines used in any election shall be provided with a screen, hood or curtain which shall be so made and adjusted as to conceal the voter and his action while voting.

(c) Voting machines of different kinds may be adopted for use in different districts of the same county.

§ 5003. Compliance guarantee

Before any voting machine is purchased, rented or otherwise acquired, or used, the person owning or manufacturing such machine must give an adequate guarantee, in writing and post a bond, accompanied by satisfactory surety with the Department of Elections, guaranteeing and securing that such machines comply fully with the requirements contained in section 5002 and will correctly, accurately and continuously register and record every vote cast, and further guaranteeing such machine against defects in workmanship and materials for a period of five years from the date of acquisition thereof, or, in the case of rented machines, for the period of rental.

§ 5004. When used

Voting machines shall be used throughout the State in all general and special elections, in municipal elections in the City of Wilmington, and in primary elections held under the provisions of chapter 31 of this title in those districts where a contest exists. Voting machines shall not be used in elections held under the provisions of title 14 of the Delaware Code of 1953 or in municipal elections other than municipal elections held in the City of Wilmington.

§ 5005. Acquisition of machines

(a) Each Department of Elections shall certify to the Levy Court:

1. The number of machines required and;

2. The makes of voting machines on which bids shall be requested.

(b) As soon as possible after receiving the request for voting machines, the Levy Court shall obtain competitive bids for the purchase or rental of such machines. Thereafter, not later than September 1, 1953, the Department of Elections shall certify to the Levy Court the bid to be accepted and the Levy Court shall award the rental or purchase contract. Such machines shall be delivered in such time that they will be available at least one month prior to the next election.

§ 5006. Number of voters for each machine

In election districts containing 600 or less registered voters there shall be one voting machine. In election districts containing more than 600 registered voters there shall be at least one voting machine for each additional 600 registered voters or majority fraction thereof.

§ 5007. Payment for machines

The Levy Court of each County shall provide voting machines by rental for a period of not more than five years on terms approved by the Levy Court, or may purchase voting machines and shall provide for the payment therefor in such manner as it may deem for the best interest of the County.

§ 5008. Printing of official ballots for voting machines; adjustment of machines for ballots; distribution of ballots

(a) All ballots provided for voting machines shall be printed in black ink on clear, white material, of such size as will fit the ballot frame, and in as plain, clear type as the space will reasonably permit. The face of the ballot shall be completely covered with a protective covering of smooth, hard, transparent material so that it shall be impossible to alter the face of the ballot without removing or breaking such covering.

(b) The party emblem for each political party represented on the machine, which has been duly adopted by such party in accordance with law, and the party name or other designation shall appear on the ballot. The titles of offices may be arranged horizontally, with the names of candidates for an office arranged vertically under the title of the office, or the titles of offices may be arranged vertically, with the name of candidates for an office, arranged horizontally opposite the title of the office, each office to occupy as many columns or rows on the machine as the number of candidates to be elected to that office. The names of all candidates nominated by any party for an office shall always appear in the row or column containing generally the names of candidates nominated by such party for other offices except as hereinafter provided.

(c) The machine shall be so adjusted that when one or more knobs, equaling the total number of persons to be elected to that office shall have been operated, all other knobs used in connection with that office shall be thereby locked. After the last candidate's name at the right in any horizontal row, or below the last candidate's name in any vertical column, the knob or knobs, if there be any, under or opposite the title or titles of office or offices shall be locked; all knobs shall be locked in any row or column which contains no names of candidates and all knobs shall be locked in spaces, if any, which do not contain names of candidates even though names of candidates appear in other spaces in the same row or column.

(d) Official ballots provided for voting machines shall be prepared and furnished by the Clerk of the Peace of each County in the same manner as now provided by law, and shall be delivered to the Department of Elections not later than 15 days prior to the next succeeding election.

§ 5009. Number of official ballots to be furnished

The Clerk of the Peace shall provide and furnish to the Department of Elections two sets of official ballots for each voting machine, one set thereof shall be placed in the voting machine and the other shall be retained in the custody of the Department of Elections, unless it shall become necessary during the course of the election to make use of the same in a voting machine.

§ 5010. Substitute ballots

If the official ballots for an election district shall not be delivered in time for use on election day or after delivery shall be lost, destroyed or stolen, the Clerk of the Peace shall cause other ballots to be prepared, printed or written as nearly as may be of the form and description of the official ballots, and the Department of Elections shall cause the ballots so substituted to be used at the election in the same manner, as nearly as may be, as the official ballots would have been.

§ 5011. Sample ballots

(a) The Clerk of the Peace shall also provide for each election district two sample ballots applicable to such election district, which ballots shall measure approximately 10 inches by 12 inches and shall be arranged in the form of a diagram showing such portion of the front of the voting machine as will appear after the official ballots are arranged therein for voting. Such sample ballots shall be posted in a conspicuous place in each polling place on election day. Such sample ballots shall be delivered to the Department of Elections which shall in turn deliver them with other election supplies to the proper election officers throughout the County.

(b) The Clerk of the Peace shall deliver to the county chairman of each political party, free of charge, that number of sample ballots which is 40 per cent of the number of voters in each election district who at the last general election voted for the head of the ticket of such political party. The total number of sample ballots delivered under this subsection shall not exceed 80 per cent of the total number of voters in each election district at the last general election. In the event there shall be more than two political parties with candidates on the official ballot, the Clerk of the Peace shall make an equitable division of the sample ballots to be distributed under this subsection, based upon the total vote received by each political party at the last general election, but the chairman of each of the two major political parties shall each receive not less than 30 per cent of the sample ballots to be distributed under this subsection.

(c) In addition to the sample ballots mentioned in subsections (a) and (b) of this section, the Clerk of the Peace in each county shall cause to be printed such further number of sample ballots as shall be directed by the chairman of any committee of any political party, in any county. However, the Clerk of the Peace shall not have printed any sample ballots upon the order or request of any chairman of any committee of any political party unless the request shall have been made to him in writing at least 65 days prior to the holding of the election at which the sample ballots are to be used, nor unless a deposit sufficient to cover the cost of the sample ballots be paid at the time they are ordered.

(d) The sample ballots to which the political parties shall be entitled hereunder shall be delivered to the County chairman of a political party or to his agent upon his request not more than ten clays and not less than five days before the election for which said sample ballots have been prepared.

(e) A copy of a sample ballot shall be published in the same manner and under the same requirements as are applicable to the publication of paper ballots.

§ 5012. Preparation of voting machines; notice; party representation

(a) The Department of Elections shall have the voting machines and all necessary furniture and appliances at the proper polling places before the time fixed for opening of the polls. The counters shall be set at zero (000), and otherwise in good and proper order for use at such elections. The Department of Elections shall arrange for the placing of ballots in the ballot frames of the machine, the putting it in order, and the testing, adjusting and delivering the machine.

() Before preparing the voting machines for any election, written notice shall be mailed by the Department of Elections to the chairman of the county committee of the two principal parties, stating the time and place where the machines will be prepared. It shall be the privilege of each political party to have one representative present during the preparation and testing of the voting machines.

(c) The Department of Elections shall cause the voting machines to be prepared for the election and shall cause all registering counters to be set at zero (000), and the Department shall then cause each such registering counter to be tested for accuracy by casting votes upon it until each such registering counter is correctly registering each vote cast upon it. The Department shall then cause each registering counter to be reset at zero (000). The voting machine shall then be immediately sealed with a numbered metal seal. The Department of Elections shall certify the numbers of the machines, that all of the counters are set at zero (000), and the number registered on the protective counter and on the seal. Such certification shall be a public record in the office of the Department of Elections.

(d) After the preparation of the machines, the President of the Department of Elections or someone authorized by him, other than the person who has prepared the machines for election, shall examine each machine and report in writing, as to whether or not all of the registering counters are set at zero (000), the machine is arranged in all respects in good order for the election and locked, and as to the number registered on the protective counter, and on the seal.

(e) When a voting machine has been properly prepared for election, it shall be locked against voting and sealed; and the keys thereof shall be delivered to the Department of Elections.

(f) After the voting machine shall be transferred to the polling place, it shall be the duty of the election officers to provide ample protection against molestation or injury to the machine. The light fixture shall be prepared in good order for use before the opening of the polls.

§ 5013. Instruction of election officers

Not more than 21 days and not less than 10 days prior to date of election, the Department of Elections shall cause the election officers who are to serve in an election district to be instructed in the use of the machines and in their duties in connection therewith. The Department of Elections shall give to each election officer who has received such instruction and is fully qualified to properly conduct the election with the machine, a certificate to that effect. For the.purpose of giving such instructions the Department of Elections shall call such meetings of the election officers as shall be necessary. The Department of Elections shall within five days, file a report which shall be a public record in the Department of Elections stating that the election officers have been properly instructed. The election officers shall attend such meetings, as shall be called for the purpose of receiving such instruction concerning their duties as shall be necessary for the proper conduct of the election with voting machines.

§ 5014. Instruction of voters before election

Each Department of Elections shall designate suitable and adequate times and places where voting machines containing sample ballots showing titles of offices to be filled, and so far as practicable, the names of candidates to be voted for at the next election shall be exhibited for the purpose of giving instructions as*to the use of voting machines to all voters who apply for the same. No voting machine which is to be assigned for use in an election shall be used for such instruction after having been prepared and sealed for the election. During public exhibition of any voting machine for the instruction of voters previous to an election, the counting mechanism thereof shall be concealed from view.

§ 5015. Voting machine out of order; procedure

(a) In case any voting machine used in any election district shall, during the time the polls are open, become injured so as to render it inoperative in whole or in part, the Department of Elections shall, if possible, substitute a perfect machine for the injured machine, and at the close of the polls, the record of both machines shall be taken, and the votes shown on their counters shall be added together in ascertaining and determining the results of the election; but if no other machine can be prepared for use at such election, and the one injured cannot be repaired in time for use at such election, official paper ballots as provided in chapter 45 of this title may be used, received by the election officers and placed in ballot boxes provided by the Department of Elections. Such paper ballots shall be counted, accredited, delivered and preserved as provided in chapters 45, 47 and 49 of this title.

(b) For possible use under provisions of this section the Clerk of the Peace shall prepare and furnish to the Department of Elections such official paper ballots as the Department of Elections shall request in writing not later than 30 days prior to an election.

(c) The Department of Elections shall maintain and hold in readiness a reasonable quantity of conventional election supplies and shall be ready to send such supplies together with paper ballots and instructions on election day to any election district which is eligible for such supplies under subsection (a) hereof.

§ 5016. Procedure prior to opening of polls

(a) The election officers of each election district shall attend at the polling place three-quarters of an hour before the time set for opening of the polls, and shall proceed to arrange the furniture, stationery and voting machine for the conduct of the election. The Department of Elections shall have the voting machines, ballots, and stationery required to be delivered to the polling place for such election. If not previously done, the election officers shall insert in their proper places on the voting machine, the ballot containing the names of officers to be filled at such election, and the names of candidates nominated therefor. The election officers shall cause to be posted conspicuously within the polling place the two instruction cards and two sample ballots. They shall see that the light for the voting machine is in good order and that it is lighted, if that is necessary, in order that the names upon the ballot shall be clearly visible. They shall inspect the screen, hood or curtain of the machine to make certain that it has not been damaged or tampered with so as in any manner to lessen or endanger the secrecy of voting. They shall see to it that no mirror is placed or allowed to remain in such a position so as to permit a view of any part of the front, sides or top of the voting machine.

(b) The keys to the voting machine shall be delivered to the election officers at least three-quarters of an hour before the time set for opening the polls, in a sealed envelope, on which shall appear the number and location of the voting machine, the number of the seal and the number registered on the protective counter or device. The envelope containing the keys shall not be opened until at least one election official from each of the two political parties shall be present at the polling place, and shall have examined the envelope to see that it has not been opened. Before opening the envelope, all election officers present shall examine the number on the seal on the machine, also the number registered on the protective counter, and shall see if they are the same as the number written on the envelope; and if they are not the same, the machine must not be opened until the custodian or other authorized person shall have presented himself at the polling place for the purpose of re-examining such machine and shall certify that it is properly arranged.

(c) If the numbers on the seal and protective counter are found to agree with the numbers on the envelope, the election officers shall proceed to open the doors concealing the counters, and each officer shall carefully examine every counter and see that it registers zero (000), and the same shall be subject to the inspection of official watchers. The machine shall remain locked against voting until the polls are formally opened, and shall not be operated except by voters in voting. The doors concealing the counters shall be locked before any vote is cast on the voting machine and shall remain locked until after the polls have closed. If any counter is found not to register zero (000), the election officers shall immediately notify the Department of Elections which shall cause each counter to be tested for accuracy by casting votes upon it and when it is ascertained that all of the counters are correctly registering each vote, the counters shall be adjusted to zero (000). The reading of the protective counter shall then be read and recorded. If it shall be impracticable for a member or representative of the Department of Elections to arrive in time to so adjust such counters before the time set for opening the polls, the election officers shall immediately make a written statement of the number on each counter and shall sign and post the same upon the wall of the polling room, where it shall remain throughout the election day, and in filling out the statement of canvass, they shall subtract such number from the number then registered thereon.

§ 5017. Location of voting machines; inspection of ballots

(a) The arrangement of the polling place shall be the same as is now provided for by law; the exterior of the voting machine shall at all times be in plain view of the election officers. The voting machine shall be so placed that the ballots on the face of the machine can be plainly seen by the election officers and the party watchers when not in use by voters. No voting machine while in use for the purpose of voting shall be hidden or concealed in any voting place or in any manner, so as to hide or obscure the same from public view. The election officers shall not themselves be, or permit any other person to be in any position or near any position that will permit one to see or ascertain how a voter votes, or how he has voted.

() The election officer attending the machine shall inspect the face of the machine after each voter has cast his vote, to see that the ballots on the face of the machine are in proper places and that the machine has not been injured. During elections the door or other covering of the counter compartment of the machine shall not be unlocked or open, or the counters exposed except for good and sufficient reasons, after the failure of a voting machine, a statement of which shall be made and signed by the election officers and shall be sent with the returns.

§ 5018. Persons permitted at polling place

No person shall be permitted in or about the polling place except as provided by law with respect to elections where paper ballots and ballot boxes are used, with the exception of a member or representative of the Department of Elections while engaged in the testing, repairing or replacing of a voting machine which is out of order.

§ 5019. Voting machine curtains

Curtains on all voting machines shall be securely sealed or fastened before being used in any election so that the clearance lever cannot be operated without opening or closing curtains.

§ 5020. Manner of voting

When a voter presents himself for the purpose of voting, the election officer shall ascertain whether his name is upon the register of voters, and if his name appears thereon and is not challenged or a challenge be decided in his favor, one of the election officers to be stationed at the entrance of the voting machine shall announce the name of the voter and permit him to pass through the entrance to the booth of the voting machine for the purpose of casting his vote. Each judge shall then stamp or write the word "VOTED" in the column opposite the name of the voter in the Books of Registered Voters in his possession. No voter shall remain in the voting machine booth longer than three minutes, unless for good and sufficient reason he be granted a longer period of time by the election officers in charge. When the voter has cast his vote the voter shall at once leave the room. If he shall refuse to leave after a reasonable period he shall be removed by the election officers. No voter after having entered and emerged from the voting machine booth shall be permitted to re-enter the same on any pretext whatever. Only one voter at a time shall be permitted to enter the voting machine booth.

5021. Instructing voters on election day

(a) Any voter requesting instruction shall be given such instruction by an election officer with reference to the sample ballots posted in the polling place.

(b) In case any voter, after entering the voting machine booth, shall ask for further instructions concerning the manner of voting, two election officers of opposite political parties shall give such instructions to him; but no person assisting a voter shall in any manner seek to influence his vote. After giving instructions and before such voter shall have registered his vote, the persons assisting him shall retire and such voter shall then register his vote in secret.

§ 5022. Blind or physically disabled voters

The provisions of the election law relating to the assistance to be given to blind or physically disabled voters shall apply also where voting machines are used, and the word "booth", when used in such sections, shall be interpreted to include the voting machine enclosure or curtain.

§ 5023. Tabulation of vote and proclamation of result

As soon as the polls are closed, the Inspector of election shall immediately lock and seal the voting machine against voting. The Inspector then shall sign a certificate stating that the machine has been locked against voting and sealed; the number of voters as shown on the public counters; the number on the seal; the number registered 'on the protective counter. The judges then shall open the counting compartments in the presence of the watchers and all other persons who may be lawfully within the polling place, giving full view of all the counter numbers. The inspector shall then read and announce in distinct tones the vote recorded on each counter for each candidate. He shall also in the same manner read and announce the vote on each question. The counter shall not be read consecutively along the party row or column, but shall always be read along the office columns or rows, completing the tabulation for each office. The vote as registered shall be entered on the tabulation by the clerks. The figures shall be verified by being called off in the same manner from the counters of the machine by a Judge of opposite political faith from the Inspector. The certificates shall then be filled out, certified and placed in envelopes and sealed in accordance with the provisions applicable to elections in which paper ballots are used, which shall show the total number of votes cast for each candidate, as shown on his counter. The counter compartment of the voting machine shall remain open until the official returns and all other reports have been fully completed and verified by the election officers. Any candidate or duly accredited watcher who may desire to be present shall be admitted to the polling place from the closing of the polls until count and tabulation are complete.

§ 5024. Inspection of voting machines by board of canvass

The Board of Canvass shall have the same power with respect to examining the counters or the voting machines that are now vested in the Board of Canvass with respect to opening ballot boxes and making a recount of the ballots contained therein.

§ 5025. Locking the machine

The election officers shall, as soon as the count is completed and fully ascertained, as by this law required, lock the counter compartment of such machine and the voting machine doors, and it shall so remain until opened under authority of law.

§ 5026. Delivery of certificates and ballot boxes

The procedure set out in chapter 49 of this title with respect to the holding and delivery of certificates of election officers and ballot boxes shall apply to certificates and ballot boxes provided for in this chapter, provided that where no ballot box is used the certificate which would have been deposited in the ballot box shall be delivered to the Department of Elections with the keys of the voting machine.

§ 5027. Custody of voting machines and keys

(a) The keys of the machine shall be enclosed in an envelope to be supplied by the Department of Elections on which shall be written the number of the machine and the election district and representative district where it has been used, which envelope shall be securely sealed and endorsed by the election officers, and shall be returned to the Department of Elections by one of the election officers on the day following the election. The number on the seal and the number registered on the protective counter shall be written on the envelope containing the keys. All keys for voting machines shall be kept securely locked. No unauthorized person shall have in his possession any key of any voting machine and any persons entrusted with such keys for election purposes, or in the preparation of the machine therefor, shall not retain them longer than necessary to use them for such legal purpose. All machines shall be boxed and stored as soon after the close of the election as possible, and the machines and the boxes for the machines shall at all times be stored in a suitable place.

(b) The voting machines as stored in accordance with the provisions of this section shall be in the custody of the Prothonotary until after the Board of Canvass has completed its canvass of the vote and the machines while in the custody of the Prothonotary may be opened by order of the Board of Canvass or by order of a court of competent jurisdiction.

(c) After the Board of Canvass has completed its canvass of the vote the Prothonotary shall turn the custody of the voting machines over to the Department of Elections and the Department of Elections shall leave the machines undisturbed and locked until the succeeding February first. During this period the machines will be available for inspection by any duly authorized member or agent of the General Assembly. After February first the Department of Elections shall be free to unlock, inspect and repair any voting machines.

§ 5028. Application of other election laws

All laws relating to elections now in force shall apply to elections under this chapter so far as the same may not be inconsistent with or in conflict with this chapter, and no laws relating to elections now in force shall apply to elections under this chapter to the extent that they are inconsistent with or in conflict to this chapter.

Section 2. § 5117, Title 15, Delaware Code of 1953 is amended to read as follows:

§ 5117. Tampering with election supplies or voting machines prior to opening of election

Whoever, before the opening of the election--

(1) breaks any package containing ballots, envelopes, pencils and rubber bands;

(2) takes any ballot, envelope, pencil or rubber band from such package; or

(3) suffers the same to be done by another; or

(4) registers any vote on a voting machine; or tampers with, disarranges, defaces or impairs in any manner the use of or destroys a voting machine or the ballot on the face of a voting machine, shall be fined not less than $300 nor more than $500 and may be imprisoned not less than one nor more than two years.

Section 3. § 5134, Title 15, Delaware Code of 1953 is amended to read as follows:

§ 5134. Fraudulent deposit or alteration of ballots or entering voting machine booth or casting vote

(a) Whoever, being an election officer, at any election--

(1) knowingly and willfully puts or causes to be put any ballot or ballots or other paper having the semblance thereof into any box used at such election for the reception of votes; or

(2) knowingly and willfully causes or permits any ballot to be in the ballot box at the opening of the polls and before voting shall have commenced; or

(3) knowingly or willfully or fraudulently puts any ballot or other paper having the semblance thereof into any ballot box unless the same is offered by an elector and his name has been found and checked upon the Registers; or

(4) fraudulent before, during or after the reading and count of the ballot, in any manner changes, substitutes or alters any ballot; or

(5) removes any ballot or semblance thereof from, or adds any ballot or semblance thereof to, the ballots found in any such ballot box upon the closing of the polls; or

(6) knowingly and willfully causes or permits any vote to be registered on a voting machine, unless the vote is cast by an elector whose name has been found and checked upon the books of registered voters and who has not previously voted, or knowingly or willfully enters or permits anyone to enter a voting machine booth, unless the person is an elector whose name has been found or checked upon the books of registered voters and who has not previously voted or is an election officer or member or employee of the Department of Elections whose entrance into the voting machine booth is required by the provisions of this title, shall be deemed to have knowingly and willfully violated his official duty.

(b) Whoever, not being an election officer, does or causes to be done any of the acts, matters or things mentioned in subsection (a) of this section, shall be fined not more than $200 or imprisoned not more than 2 years, or both.

Section 4. § 5123, Title 15, Delaware Code of 1953 is amended to read as follows:

§ 5123. Removal or destruction of election supplies or equipment or voting machine

(a) Whoever, during the general election--

(1) removes or destroys any of the supplies or other conveniences placed in the booths or delivered to the voter for the purpose of enabling him to prepare his ballot; or

(2) removes, tears down or defaces the cards printed for the instruction of the voters; or

(3) destroys or removes any booth, railing or other conveniences provided for such election; or

(4) tampers with, disarranges, defaces or impairs in any manner the use of or destroys any voting machine or the ballots on the face of a voting machine, shall be imprisoned not less than six months nor more than one year.

(b) Whoever induces or attempts to induce any person to commit any of the acts described in subsection (a) of this section, whether or not any such acts are committed or attempted to be committed, shall be imprisoned not less than six months nor more than one year.

Section 5. This act shall become effective July 1, 1953.

Approved March 20, 1953.