SEC. 1192. Subd. 5. Affords room to erase a name and write another. Subd. 7. Is a general provision, to prevent the marking of tickets or ballots, and to cover cases that might not fall within the letter of the preceding subdivisions. No ticket or ballot must on the day of election be given or delivered to or received by any person, except the Inspector, within one hundred feet of the polling place. NOTE.-See note to Sec. 1199. SEC. 1193. No person must on the day of election fold any ticket or unfold any ballot which he intends to use in voting within one hundred feet of the polling place. NOTE. See note to Sec. 1199. Contents of ballots not tickets or to be SEC. 1194. No person must on the day of election, within one hundred feet of the polling place, exhibit to another in any manner by which the contents thereof exhibited may become known any ticket or ballot which he intends tain limits. to use in voting. NOTE.-See note to Sec. 1199. SEC. 1195. No person must on the day of election, within one hundred feet of the polling place, request another person to exhibit or disclose the contents of ticket or ballot which such other person intends to use in voting. NOTE. See note to Sec. 1199. any SEC. 1196. No ballot must be used at any election, or circulated on the day of any election, having any mark or thing on the back or outside thereof whereby it might be distinguished from any other ballot legally used on the same day. NOTE.-See note to Sec. 1199. SEC. 1197. No ballot or ticket must be used or circulated on the day of any election having any mark or thing thereon by or from which it can be ascertained what persons or what class of persons or at what time in the day such ballot was voted or used. NOTE.-See note to Sec. 1199. within cer Tickets, how to be folded. Tickets not to be folded so as to indicate their contents. Tickets folded together must be rejected. SEC 1198. Every ticket, when used as a ballot, must be folded crosswise three times from the centre, so as to make the ballot four by one and one half inches in size, and must be pressed flat. NOTE. This section accords with a suggestion made by the Sacramento Union since the first publication of this Title. See also, note to Sec. 1199. SEC. 1199. No ticket must be folded in a manner to indicate its contents when used as a ballot. NOTE. The eight preceding sections are intended to prevent the distribution of tickets within one hundred feet of a polling place, and to give to the ballot that secresy which is so necessary to its purity. It is perhaps impossible to afford sufficient guards to that end without building up a system that could not be conveniently carried into execution. Under the provisions of this Title, tickets will always be printed and distributed several days in advance, and interested parties will undoubtedly afford to every elector an opportunity to procure and fix his ticket to suit, days before the election, so that each elector may come to the polling place with a ballot already prepared; then, if a ticket or ballot is delivered to him and coercion attempted, he is at last afforded some opportunity to vote his own choice, for no ticket can be delivered to him within one hundred feet of the polling place, and he has that distance within which to change a ballot delivered to him for one he has already prepared. Again, independent of the question of coercion, there is another consideration, founded upon the well known fact that in cities clubs are organized for the express purpose of selling the votes of its members. If the vendor has one hundred feet in which to change his ballot, and no mark can be used on it, he will have no means of establishing the fact that he has voted for any given person, and when these means are taken from him his occupation would be gone, for none would buy and trust to the faith of one who would sell his birthright. SEC. 1200. If in the ballot box two tickets are found folded together in the form of a ballot, they must both be rejected. SEC. 1201. No ballot or part thereof must be rejected by reason of any obscurity therein in relation to the name of the person voted for, or the designation of the office, if the Board, from an inspection of the ballot, can determine the person voted for and the office intended. SEC. 1202. If the names of more persons are designated on any ballot found in the ballot box for the same office than are to be chosen for such office, then, except in the cases provided for in the next section, all the names designated for such offices must be rejected, and the fact of such rejection and the reasons therefor must at the time of such rejection be noted on the ballot, and signed. by a majority of the Election Board. SEC. 1203. When, upon a ballot found in any ballot box, a printed name and a name written with ink or with pencil appears, and there are not so many persons to be chosen for the office, the printed name must be rejected and the written one counted, and the fact must at the time be noted on the back of the ballot, and such note must be signed by a majority of the Election Board. NOTE. This is but the enactment of a common law rule relative to the interpretation of instruments drawn upon blank forms, namely: that when the written and printed matter conflict the latter must be rejected. (Robinson vs. French, 4 East. 130; Weisser vs. Maitland, 3 Sand. 318; Parsons on Contracts [3 vol. ed.], vol. 2, p. 516.) Section 1862 of the Code of Civil Procedure reported by the Commission is in accord with the principle that underlies section 100. It declares that "when an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter." Printed tickets not but by lead pencil or ink. SEC. 1204. When upon a ballot found in any ballot box a name has been erased and another substituted to be erased therefor in any other manner than by the use of a lead pencil or common writing ink, the substituted name must be rejected, and the name erased, if it can be ascertained inspection of the ballot, must be counted, and the fact thereof must be noted upon the ballot, and such note must be signed by a majority of the Election Board. from an Two votes on same ballot for same person must be counted as one. Marked ballots to NOTE. This section is intended to prevent the use of nitrate of silver or any other chemical substance which may be written over a name and not be distinguishable until time brings out the impression; also, to prevent the use of pasters, the use of which is subject to two objections: first, their liability to come off; second, their liability to be fraudulently taken off. SEC. 1205. If a ballot is found in any ballot box, containing the name of the person and the office for which he is designated, or either, two or more times, it must not for that reason be rejected; it must be counted as one ballot. SEC. 1206. NOTE.-See Chief Justice Sanderson's opinion in People vs. Holden (28 Cal. 124); and Case of Ashfield (Cush. Elect. Cases, 583). When a ballot found in any ballot box be rejected. bears upon the outside thereof any impression, device, color, or thing, or is folded in a manner designed to distinguish such ballot from other legal ballots deposited therein, it must with all its contents be rejected. Same. Ballots not conforming to requirements of law must be rejected. Rejected ballots to be indorsed. Rejected ballots must be preserved. SEC. 1207. When a ballot found in any ballot box bears upon it any impression, device, color, or thing, or is folded in a manner intended to designate or impart knowledge of the person who voted such ballot, it must with all its contents be rejected. SEC. 1208. When a ballot found in any ballot box does not conform to the requirements of section eleven hundred and ninety-one it must with all its contents be rejected. SEC. 1209. Whenever the Board of Election rejects a ballot, it must at the time of such rejection cause to be made thereon and signed by a majority of the Board an indorsement of such rejection and of the causes thereof. NOTE.-See note to succeeding section. SEC. 1210. All rejected ballots must be preserved and returned in the same manner as other ballots. NOTE. The indorsement and preservation of ballots rejected are provided for, to the end that if any one doubts the correctness of the action of the Election SEC. 1211. Whenever a question arises in the Board as to the legality of a ballot or any part thereof, and the Board decide in favor of the legality, such action, together with a concise statement of the facts that gave rise to the objection, must be indorsed upon the ballot and signed by a majority of the Board. NOTE. This section provides for the preservation in a written form of any fact that may be supposed to invalidate the ballot, but which the Judges may hold does not, and affords an opportunity to have the question passed upon by the Courts upon such written evidence. This and the preceding section, it seems, would pretty effectually dispose of the practice of tampering with ballots after they are once counted, for the record in each case is made in the presence of the bystanders at the time of counting. Upon the ballots objected to, and rejected or not rejected, the indorsement would show the condition of the ballot at the time it was counted or rejected, and if, upon an examination of the ballots made at any time subsequent to the counting, a ballot was found without indorsement, and yet a valid ballot, the presumption would be a near approach to a conclusive one that such ballot had been tampered with; for when ballots are counted by officers belonging to different political parties in the presence of vigilant friends and opponents of the candidates, and no defect is discovered, a Court would hesitate long before holding that such defect did then exist. On the other hand, the fact that no such indorsement was made ought not to be entirely conclusive, for the nature of the illegality or overwhelming evidence that it did then exist ought to be permitted to overcome the strong presumption to the contrary. SEC. 1212. The Board must refuse to receive or to allow to be deposited in the ballot box any ballot offered if it is apparent that it is not in compliance with the provisions of this Chapter. NOTE.-If, when the ballot is presented, it is apparent to the Board of Election that it does not comply with the law, or is folded in a manner tending to indicate its |