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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. En. March 12, 1872. Am'd. 1880, 81.

Before administering oath rules may be read: Post, sec. 1241.

Refusal to be sworn or to answer questions is misdemeanor: Pen. Code, sec. 43. And bars vote: Post, sec. 1238 of this code.

Place of residence of elector, rules for determining: Post, sec. 1239.

Challenge tried and determined by board of election at time of challenge: Post, sec. 1237. Proceedings after: Post, sec. 1242.

1233. Proceedings on challenge for nonresidence in precinct. If the challenge is on the ground that he has not resided in the county for ninety days, or precinct for thirty days 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. When did you last come into this county or election precinct?

2. When you came into this county or precinct, did you come for a temporary purpose, merely, or for the purpose of making it your home?

3. Did you come into this county or precinct for the purpose of voting here?

And such other questions as may be necessary to a determination of the challenge. En. March 12, 1872. Am'd. 1880, 81.

§ 1234. Proceedings on challenge for having before voted. 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.” En. March 12, 1872.

Cal.Rep.Cit. 75, 628.

Taking the oath tendered defeats challenge: Post, sec. 1236, subd. 2. Refusal bars vote: Post, sec. 1238.

Voting twice, or oftener, is felony: Pen. Code, sec. 45. Attempt is misdemeanor: Pen. Code, sec. 46.

8 1235. Proceedings for conviction of crime or defalcation. If the challenge is on the ground that the person challenged has been convicted of an infamous crime, or that he has been convicted of the embezzlement or misappropriation of public money, 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. En. March 12, 1872. Am'd. 1880, 81.

$ 1236. Challenges, how determined. Challenges upon the grounds either:

1. That the person challenged is not the person whose 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. En. March 12, 1872. .

$ 1237. Same. If the challenge is on the ground that the person challenged is not the person whose name appears on the great register, he must take the oath tendered by the board. Challenges for causes other than those specified in the preceding section must be tried and determined by the board of election at the time of the challenge. En. March 12, 1872. Am'd. 1880, 81.

8 1238. If person refuses to be sworn, vote to be rejected. 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. En. March 12, 1872.

Refusal to be sworn or to answer questions is misdemeanor: Pen. Code, sec. 43.

$ 1239. Rules for the determination of questions of residence. The board of election, in determining the place of residence of any person, must be governed by the following rules, as 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, and to which, whenever he is absent, he has the intention of returning;

2. A person must not be held to have gained or lost residence by reason of his presence 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 remove to another state with the intention of making it his residence, he loses his residence in this state;

6. If a person remove 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 be a place for temporary establishment for his family, or for transient objects, it is otherwise;

8. If a man have a family fixed in one place, and he does business in another, the former must be considered bis 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. En. March 12, 1872. Am'd. 1873-4, 26; 1897, 191.

Cal.Rep.Cit. 83, 82; 120, 638.
Questions as to residence: Ante, secs. 1232, 1233.

Compare with this section, rules for determining place of residence generally: Ante, sec. 52.

Term of residence, how computed: Post, sec. 1240.

Subd. 2. Constitutional basis: See Const. Cal., art. II, sec. 4.

8 1240. Term of residence, how computed. The term of residence must be computed by including the day on which the person's residence commenced, and by excluding the day of the election. En. March 12, 1872.

§ 1241. Rules must be read, if requested. Before administering an oath to a person touching his place of residence, the inspector must, if requested by any person, read to the person challenged the rules prescribed by sections 1238 and 1239. En. March 12, 1872.

Oath touching place of residence: Ante, secs. 1232, 1233.

$ 1242. Proceedings upon determination of challenge. If the challenge is determined against the person offering to vote, the ballot offered must, without examination, be returned to him; if determined in his favor, the ballot must be deposited in the ballot box. En. March 12, 1872.

§ 1243. List of challenges to be kept. The board must cause one of the clerks to keep a list, showing:

1. The names of all persons challenged; 2. The grounds of such challenges;

3. The determination of the board upon the challenge. En. March 12, 1872.

CHAPTER X. CANVASSING AND RETURNING THE VOTE. $ 1252. Canvass to be public and without adjournment. $ 1253. Canvass, how commenced. $ 1254. Ballots must be made to agree with names on the list. § 1255. Same.

1256. Same.

1257. Counting the votes. $ 1258. Tallies. $ 1259. Tickets to be strung and inclosed in sealed envelopes. $ 1260. Return list. $ 1261. Certain papers to be sealed up. $ 1262. Inspector to keep certain papers. § 1263. Returns and ballots to be delivered to a member of the

board.

$ 1264. To whom ballots to be delivered.

1265. Clerk to keep ballots unopened. $ 1266. When package containing ballots may be destroyed.

1267. Returns to be delivered by clerk to supervisors. $1268. Copy of register to be filed in county clerk's office.

$ 1252. Canvass to be public and without adjournment. As soon as the polls are finally closed the judges must immediately proceed to canvass the votes given at such election. The canvass must be public, in the presence of bystanders, and must be continued without adjournment until completed and the result thereof is declared. En. March 12, 1872.

Cal.Rep.Cit. 111, 421; 111, 423.

§ 1253. Canvass, how commenced. The canvass must be commenced by taking out of the box the ballots unopened (except so far as to ascertain whether each ballot is single), and counting the same to ascertain whether the number of ballots corresponds with the number of names on the list of voters kept by the clerks. In the city and county of San Francisco, at the closing of the polls, the inspector must administer to the additional members of the board of canvassers the oath prescribed in section one thousand one hundred and forty-eight, and likewise to two clerks appointed by such additional members. He must then proceed to take out of the box the ballots, unopened, one at a time, numbering them on the backs in numerical order, commencing with number one, and writing with ink the initials of his own name upon the back of each ballot as taken out. He shall pass each bal. lot, as soon as thus indorsed, to the additional inspector, who must, in like manner, write thereon the initials of his own name, so that each ballot can be subsequently identified by either or both such inspectors. En. March 12, 1872. Am'd. 1873-4, 28.

Cal.Rep.Cit. 111, 422,
List of voters: Ante, sec. 1229.

$ 1254. Ballots must be made to agree with names on the list. If two or more separate ballots are found so folded together as to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed; then, if upon comparison of the count with the number of names of electors on the lists which have been kept by the clerks, it appears that the two ballots thus

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