contents or who cast it, the Board should be required to reject it and afford the party an opportunity to vote a legal ballot. Voting, when to commence and continue. Manner of voting. CHAPTER IX. VOTING AND CHALLENGES. SECTION 1224. Voting, when to commence and continue. 1226. Same. 1227. Same. 1228. Record that person has voted, how kept. 1230. Grounds of challenge. 1231. Proceedings on challenge for want of identity. 1235. Same, on ground of conviction of a felony. 1237. Same. 1238. If person refuses to be sworn, vote to be rejected. 1239. Rules for the determination of questions of residence. 1240. Term of residence, how computed. 1241. Rules must be read, if requested. 1242. Proceedings upon determination of challenge. 1243. List of challenges to be kept. SEC. 1224. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain open. SEC. 1225. The person offering to vote must hand his ballot to the Inspector, and announce his name and the number affixed to it on the printed copy of the register, if his name is thereon. NOTE. By other sections of this Title it is provided that not less than four copies of the Great Register must be posted at the polling place. The voter can easily ascertain his number, and the Judges, by its announcement, can readily find it on the register, and thus voting will be facilitated. This practice has already been adopted, in a great measure, in cities, and works well. voting. SEC. 1226. The Inspector must receive the ballot, and Manner of before depositing it in the ballot box must, in an audible tone of voice, announce the name and register number (if there be one) of the person voting. SEC. 1227. If the name is found on the copy of the Same. Great Register, or if the party produces and files with the Board an uncancelled certificate of registration on the Great Register of the county, and the vote is not rejected upon a challenge taken, the Inspector must, in the presence of the Board of Election, place the ballot, without being opened or examined, in the ballot box. oppo SEC. 1228. When the ballot has been placed in the box one of the Judges must write the word "Voted site the number of the person on the printed copy of the Register; or, if the person voted on a certificate of regis tration, then upon the face thereof. Record that person has how kept. voted, SEC. 1229. Each Clerk must keep a list of persons Same. voting, and the name of each person who votes must be entered thereon and numbered in the order of voting. NOTE. The list and register are both primary evidence of what persons voted at the election, for a provision of the Code of Civil Procedure (section nineteen hundred and twenty-six) makes an entry made by an officer or under the directions and in the presence of any Board in the course of the duty of such officer or Board primary evidence of the facts stated therein. The utility of this section will be apparent when the reader reaches subsequent sections of this Title. SEC. 1230. A person offering to vote may be orally Grounds of challenged by any elector of the county upon either or all of the following grounds: 1. That he is not the person whose name appears on the Register; 2. That he has not resided within the State for six months next preceding the election; 3. That he has not resided within the precinct for thirty days next preceding the election; 4. That he has before voted that day; challenge. Proceedings on challenge for want of identity. Same, on challenge for nonresidence in State. Same, on challenge for nonresidence in precinct. 5. That he has been convicted of a felony and has not been pardoned. SEC. 1231. If the challenge is on the ground that he is not the person whose name appears on the Great Register, the Inspector must tender him the following oath: "You do swear (or affirm) that you are the person whose name is entered on the Great Register." SEC. 1232. If the challenge is on the ground that he has not resided in the State for six months next preceding the election, the person challenged must be sworn to answer questions; and after he is sworn the following questions must be propounded to him by the Inspector: 1. Have you resided in this State for six months immediately preceding this election? 2. Have you been absent from this State within the six months immediately preceding this election? If yes, then: 3. When you left, did you leave for a temporary purpose, with the design of returning, or for the purpose of remaining away? 4. Did you while absent regard this State as your home? 5. Did you while absent vote in any other State? And such other questions as may be necessary to a determination of the challenge. SEC. 1233. If the challenge is on the ground that he has not resided in the precinct for thirty days next preceding the election, the person challenged must be sworn to answer questions, and after he is so sworn the following questions must be propounded to him by the Inspec tor: 1. When did you last come into this election precinct? 2. When you came into this precinct did you come for a temporary purpose merely, or for the purpose of making it your home? 3. Did you come into this precinct for the purpose of voting here? And such other questions as may be necessary to a determination of the challenge. SEC. 1234. If the challenge is on the ground that the person challenged has before voted that day, the Inspector must tender to the person challenged this oath: "You do swear (or affirm) that you have not before voted this day." SEC. 1235. If the challenge is on the ground that the person challenged has been convicted of a felony and has not been pardoned, he must not be questioned; but the fact may be proved by the production of an authenticated copy of the record, or by the oral testimony of two witnesses and the non-production of a pardon. SEC. 1236. Challenges upon the grounds either: Challenges how deter 1. That the person challenged is not the person whose mined. name appears on the Great Register; 2. That the party has before voted on that day; -Are determined in favor of the party challenged by his taking the oath tendered. SEC. 1237. Challenges for causes other than those Same. specified in the preceding section must be tried and determined by the Board of Election at the time of the challenge. SEC. 1238. If any person challenged refuses to take the oaths tendered, or refuses to be sworn and to answer the questions touching the matter of residence, he must not be allowed to vote. SEC. 1239. The Election Board in determining the place of residence of any person must be governed by the following rules, so far as they are applicable: 1. That place must be considered and held to be the residence of a person in which his habitation is fixed, without any present intention of removing therefrom, and to which, whenever he is absent, he has the intention of returning; If person be sworn, rejected. refuses to vote to be Rules for the deter questions of residence. 2. A person must not be held to have gained or lost a mination of residence by reason of his presence at or absence from a place while employed in the service of the United States, or of this State, nor while engaged in navigation, nor while a student at any institution of learning, nor while kept in an almshouse, asylum, or prison; 3. A person must not be considered to have lost his residence who leaves his home to go into another State or precinct in this State for temporary purposes merely, with the intention of returning; 4. A person must not be considered to have gained a residence in any precinct into which he comes for temporary purposes merely, without the intention of making such precinct his home; 5. If a person removes to another State with the intention of making it his residence, he loses his residence in this State; 6. If a person removes to another State with the intention of remaining there for an indefinite time, and as a place of present residence, he loses his residence in this State, notwithstanding he entertains an intention of returning at some future period; 7. The place where a man's family resides must be held to be his residence; but if it is a place of temporary establishment for his family, or for transient objects, it is otherwise; 8. If a man has a family fixed in one place and he does business in another, the former must be considered his place of residence; but any man having a family and who has taken up his abode with the intention of remaining, and whose family does not so reside with him, must be regarded as a resident where he has so taken up his abode; 9. The mere intention to acquire a new residence, without the fact of removal, avails nothing; neither does the fact of removal without the intention. NOTE. The necessity for the insertion in this Title of a few plain rules to guide the Board in the determination of questions of residence is apparent. The question turns upon act and intention. It never has been |