Page images
PDF
EPUB

son.

appear that such mark was placed thereon by the voter for the purpose of identifying such ballot.

5. If the name of the same person is printed more than once on a ballot as a candidate for the same office, the placing of a cross opposite such name in more than one of the different places where it is so printed must not be regarded as putting a distinguishing mark on the ballot, and must be counted only as one vote for such per

En. March 12, 1872. Am'd. 1891, 176; 1899, 140; 1903, 149. Cal.Rep.Cit. 108, 108; 108, 113; 120, 653; 127, 56; 127, 57 ;

136, 269; 136, 270; 136, 271 ; 136, 272 ; 136, 672. 8 1212. Time for voting. Any person entitled to vote at a general election held within this state shall, on the day of such election, be entitled to absent himself from any service or employment in wbich he is then engaged or employed for the period of two consecutive hours, between the time of opening and the time of closing the polls; and such voter shall not, because of so absenting himself, be liable to any penalty, nor shall any deduction be made on account of such absence from his usual salary or wages. En. March 12, 1872. Am'd. 1891, 176.

$ 1213. Certificate of nomination, destruction of or false making of. No person shall falsely make or fraudulently deface or destroy any certificate of nomination, or any part thereof, or file any certificate of nomination, knowing the same, or any part thereof, to be falsely made, or suppress any certificate of nomination which has been duly filed, or any part thereof, or to make, use, keep, or furnish to others, except as in this code so directed, any paper watermark in imitation of ballot paper, or disclose the same to any person not engaged in making, printing, or distributing of ballot paper or ballots. En. Stats. 1891, 178.

$ 1214. Destruction of supplies. No person shall, during an election, remove or destroy any of the supplies or other conveniences placed in the voting-booths or compartments, as provided in this code, for the purpose of enabling the voter to prepare his ballot. No person shall, during an election, remove, tear down, or deface the cards printed for the instruction of voters. En. Stats. 1891, 178.

§ 1215. Disclosing name of candidate-Electioneering, etc. No officer of election shall disclose to any person the name of any candidate for whom any elector has voted. No officer of election, nor any person, shall do any electioneering on election day within one hundred feet of any polling place. No person shall remove any ballot from any polling-place before the closing of the poll. No person shall apply for or receive any ballot at any election precinct other than that in which he is entitled to vote. No person shall show his ballot after it is marked to any person in such a way as to reveal the contents thereof, or the name or names of the candidate or candidates for whom he has marked his ballot; nor shall any person, except a member of the board of election, receive from any voter a ballot prepared by such voter, or examine such ballot, or solicit the voter to show the same. No person shall ask another at a polling-place for whom he intends to vote. No voter shall receive a ballot from any other person than one of the ballot clerks; nor shall any other person than a ballot clerk deliver a ballot to such voter. No voter shall deliver to the board of election, or to any member thereof, any ballot other than the one he has received from the ballot clerk. No voter shall place any mark upon his ballot by which it may be afterward identified as the one voted by him. No person shall solicit a vote or speak to a voter on the subject of marking his ticket within one hundred feet of the polling place. En. Stats. 1891, 178. Cal. Rep.Cit. 108, 108, 108, 109; 108, 110; 120, 653; 127, 56;

127, 57; 134, 152; 136, 269 ; 136, 270; 136, 271; 136, 269; 138, 20. $ 1216. Registrar of voters. In all counties and cities and counties in this state having a registrar of voters and a board of election commissioners, the powers conferred and the duties imposed by this code upon the county clerks and other officers, in relation to matters of election and polling places, shall be exercised and performed by such registrar of voters and board of election commissioners, and all certificates of nomination required by this code to be made to county clerks shall be made to the registrar of voters. En. Stats. 1891, 178.

Cal.Rep.Cit. 97, 84; 111, 305.

CHAPTER IX.

VOTING AND CHALLENGES. $ 1224. Voting, when to commence and continue. § 1225. Manner of voting.

1226. Announcement of voter's name, etc. $ 1227. Putting ballot in box. $ 1228. Record that person has voted, how kept. $ 1229. Same. $ 1230. Grounds of challenge. $ 1231. Proceedings on challenge for want of identity. $ 1232. Proceedings on challenge for nonresidence in state. $ 1233. Proceedings on challenge for nonresidence in precinct. $ 1234. Proceedings on challenge for having before voted. § 1235. Proceedings for conviction of crime or defalcation. $ 1236. Challenges, how determined. $ 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.

§ 1224. Voting, when to commence and continue. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain open. En. March 12, 1872.

name

§ 1225. Manner of voting. The person offering to vote must hand his ballot to the inspector, or to one of the judges acting as inspector, and announce nis and the number affixed to it on the register in use at the precinct where he offers his vote; provided, that in incorporated cities and towns the said person shall also give the name of the street, arenue, or location of his residence, and the number thereof, if it be numbered, or such clear and definite description of the place of such residence as shall definitely fix the same. En. March 12, 1872. Am'd. 1875-6, 26; 1877-8, 26.

Cal.Rep.Cit. 83, 76; 83, 77 ; 83, 79; 111, 423.

Register in use, printed copies to be posted: Ante, sec. 1149. Copies not to be torn or defaced: Ante, sec. 1150.

$ 1226. Announcement of voter's name, etc. The inspector, or judge acting as such, must receive the ballot, and before depositing it in the ballot box must, in an audible tone of voice, announce the name and register numher; provided, that in incorporated towns and cities the said inspector, or judge acting as such, shall also announce the residence of the person voting, and the same shall be recorded on the poll list by the poll clerk. En. March 12. 1872. Am'd. 1875-6, 26; 1877-8, 26.

Cal. Rep.Cit. 83, 76; 83, 77; 83, 79.

§ 1227. Putting ballot in box. If the name be found on the register in use at the precinct where the vote is offered, and the vote is not rejected upon a challenge taken, the inspector, or judge acting as such, must, in the presence of the board of election, place the ballot, without opening or examining the same, in the ballot box; and no person shall be allowed to vote whose name is not on said register in use at the precinct. En. March 12, 1872. Am'd. 1873-4, 26; 1877-8, 26.

Cal.Rep.Cit. 136, 276.

Certified copy of register, prima facie evidence: See ante, sec. 1117.

Challenge: See post, secs. 1230 et seq.

$ 1228. Record that person has voted, how kept. When the ballot has been placed in the box, one of the judges must write the word "voted” opposite the number of the person on the printed copy of the register. En. March 12, 1872. Am'd. 1877-8, 27; 1880, 80.

$ 1229. Same. Each clerk must keep a list of persons voting, and the name of each person who votes must be entered thereon and numbered in the order of voting. En. March 12, 1872.

Official entry as prima facie evidence of facts stated therein: Code Civ. Proc., sec. 1926.

§ 1230. Grounds of challenge. A person offering to vote may be orally 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 one year next preceding the election.

3. That he has not been a naturalized citizen of the United States for ninety days prior to the election.

4. That he has not resided within the county for ninety daye preceding the election.

5. That he has not resided within the precinct for thirty days next preceding the election.

6. That he has before voted that day. 7. That he has been convicted of an infamous crime.

8. That he has been convicted of the embezzlement cr misappropriation of public money. En March 12, 1872. Am'd. 1880, 80.

List of challenges to be kept: Post, sec. 1243.

Subd. 1. Identity: See post, secs. 1231, 1236, subd. 1, and sec. 1237.

Subd. 2. One year's residence in state: See post, secs. 1232, 1237. Residence for voting purposes, rules for determining place of: Post, sec. 1239.

Subd. 3. Naturalization for ninety days: See ante, sec. 1083 and notes; also, see post, sec. 1237.

Subd. 4. Ninety days' residence in county: See ante, sec. 1083; post, secs. 1233, 1237.

Subd. 6. Previous voting: See post, secs. 1234, 1236, subd. 2.

Subd. 7. Conviction for infamous crime: See ante, sec. 1084; post, secs. 1235, 1237.

Subd. 8. Conviction for embezzlement, etc.: See ante, sec. 1084; post, secs. 1235, 1237.

$ 1231. Proceedings on challenge for want of identity. 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." En. March 12, 1872.

Taking the oath tendered determines challenge in favor of party challenged: Post, sec. 1236, subd. 1. Necessity of: Post, sec. 1237. Refusal bars vote: Post, sec. 1238. See also Pen. Code, sec. 43.

$ 1232. Proceedings on challenge for nonresidence in state. If the challenge is on the ground that he has not resided in the state for one year 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 one year immediately preceding this election?

2. Have you been absent from this state within one year immediately preceding this election? If yes, then,

« PreviousContinue »