§ 41. Violation of election laws by certain officers a felony. Every person charged with the performance of any duty, under the provision of any law of this state relating to elections, who willfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, is, unless a different punishment for such acts or omissions is prescribed by this code, punishable by fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or by both. En. February 14, 1872.

Cal. Rep. Cit. 75, 628; 75, 631; 142, 79; 146, 309.

§ 42. Fraudulent registration a felony. Every person who willfully causes, procures, or allows himself to be registered in any register of electors required by law to be made or kept, knowing himself not to be entitled to such registration, is punishable by imprisonment in the state prison for not less than one nor more than three years. En. February 14, 1872. Am'd. 1905, 639.

The amendment conforms the section to section 21 of the Purity of Elections Act (Stats. 1893, p. 12).-Code Commissioner's Note.

§ 42a. Allowing fraudulent registration. Every person who willfully causes, procures, or allows any other person to be registered in any register of electors required by law to be made or kept, knowing him not to be entitled to such registration, is punishable by imprisonment in the state prison for not less than one nor more than three years. En. Stats. 1905, 639.

This is a codification of section 22 of the Purity of Elections Act (Stats. 1893, p. 12).-Code Commissioner's Note.

§ 43. Refusal to be sworn or to answer board of judges. Every person who, after being required by the board of judges at any election, refuses to be sworn, or being sworn, refuses to answer any pertinent question, propounded by such board, touching the right of another to vote, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1873-4, 423.

§ 44. Refusal to obey summons of board. Every person summoned to appear and testify before any board of registration, who willfully_disobeys such summons, is guilty of a misdemeanor. En. February 14, 1872,

§ 45. Fraudulent voting. Every person not entitled to vote who fraudulently votes, and every person who votes more than once at any one election, or knowingly hands in two or more tickets, folded together, or changes any ballot after the same has been deposited in the ballot-box, or adds, or attempts to add, any ballot to those legally polled at any election, by fraudulently introducing the same into the ballot-box either before or after the ballots therein have been counted; or adds to, or mixes with, or attempts to add to or mix with, the ballots lawfully polled, other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election; or carries away or destroys, or attempts to carry away or destroy, any poll-list, or ballots, or ballot-box, for the purpose of breaking up or invalidating such election, or willfully detains, mutilates, or destroys any election returns, or in any manner so interferes with the officers holding such election or conducting such canvass, or with the voters lawfully exercising their rights of voting at such election, as to prevent such election or canvass from being fairly held and lawfully conducted, is guilty of a felony. En. February 14, 1872. Am'd. 1905, 639.

Two clerical errors are corrected. The word "illegally," before "polled," is changed to "legally"; and the word "either" is omitted after "elector," and inserted between "ballot-box" and "before.”— Code Commissioner's Note.

Cal. Rep. Cit. 91, 467; 145, 108.

§ 46. Attempting to vote when not qualified. Every person not entitled to vote, who fraudulently attempts to vote, or who, being entitled to vote, attempts to vote more than once at any election, or who personates, or attempts to personate, a person legally entitled to vote, is punishable by imprisonment in the state prison for not less than one nor more than two years. En. February 14, 1872. Am'd. 1905, 640.

Section 24 of the Purity of Elections Act (Stats. 1893, p. 12) is here codified.-Code Commissioner's Note.

§ 47. Procuring illegal voting. Every person who procures, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, or who aids or abets in the commission of any of the offenses mentioned in the preceding section, is

punishable by imprisonment in the state prison not exceeding two years. En. February 14, 1872. Am'd. 1905, 640. Section 28 of the Purity of Elections Act (Stats. 1893, p. 12) is here codified.-Code Commissioner's Note.

§ 48. Changing ballots or altering returns by election officers. Every officer or clerk of election who aids in changing or destroying any poll list, or in placing any ballots in the ballot-box, or taking any therefrom, or adds, or attempts to add, any ballots to those legally polled at such election, either by fraudulently introducing the same into the ballot-box before or after the ballots therein have been counted, or adds to or mixes with, or attempts to add to or mix with the ballots polled any other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election, or allows another to do so, when in his power to prevent it, or carries away or destroys or knowingly allows another to carry away or destroy any poll list, ballotbox, or ballots lawfully polled, is punishable by imprisonment in the state prison for not less than two nor more than seven years. En. February 14, 1872.

§ 49. Officers of election unfolding or marking ballots. Every inspector, judge, or clerk of an election who, previously to putting the ballot of an elector in the ballot-box, attempts to find out any name on such ballot or who opens or suffers the folded ballot of any elector which has been handed in, to be opened or examined previously to putting the same into the ballot-box, or who makes or places any mark or device on any folded ballot with a view to ascertain the name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such inspector, judge, or clerk has fraudulently or illegally discovered to have been voted for by such elector, is punishable by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail, for not less than thirty days nor more than six months, or by both such fine and imprisonment. En. February 14, 1872. Am'd. 1905, 640.

Section 42 of the Purity of Elections Act (Stats. 1893, p. 12) is here codified.-Code Commissioner's Note.

§ 49a. Officers of election who cannot read or write or refusing to serve. Any person acting as a member of any election board, or as a clerk upon such board, who cannot read

and write the English language, or any person who refuses to act upon such board, or as a clerk thereof, after proper notification of his appointment, who is otherwise eligible, unless good and sufficient cause for such refusal is shown to the election board or board of supervisors, is guilty of a misdemeanor, and is subject to a fine of five hundred dollars, and upon failure to pay such fine, must be imprisoned in the county jail of the county for the period of one day for each two dollars of such fine. En. Stats. 1905, 640.

This is the last sentence of section 1142 of the Political Code, the matter being of a nature which has an appropriate place in this Code.Code Commmissioner's Note.

§ 50. Forging or altering returns. Every person who forges or counterfeits returns of an election purporting to have been held at a precinct, town, or ward where no election was in fact held, or willfully substitutes forged or counterfeit returns of election in the place of true returns for a precinet, town, or ward where an election was actually held, is punishable by imprisonment in the state prison for a term not less than two nor more than seven years. En. February 14, 1872. Am'd. 1905, 641.

This is a codification of the first sentence of section 27 of the Purity of Elections Act (Stats. 1893, p. 12.)-Code Commissioner's Note.

§ 51. Adding to or subtracting from votes cast. Every person who willfully adds to, or subtracts from, the votes actually cast at an election, in any official or unofficial returns, or who alters such returns, is punishable by imprisonment in the state prison for not less than one nor more than five years. En. February 14, 1872. Am'd. 1905, 641.

This is a codification of the second sentence of section 27 of the Purity of Elections Act (Stats. 1893, p. 12.)-Code Commissioner's Note.

§ 52. Persons aiding and abetting. Every person who aids or abets in the commission of any of the offenses mentioned in the four preceding sections, is punishable by imprisonment in the county jail for the period of six months, or in the state prison not exceeding two years. En. February 14, 1872. Am'd. 1873-4, 423.

§ 53. Intimidating, corrupting, deceiving, or defrauding electors. Every person who, by force, threats, menaces, bribery, or any corrupt means, either directly or indirectly, attempts to influence any elector in giving his vote, or to

deter him from giving the same; or attempts by any means whatever to awe, restrain, hinder, or disturb any elector in the exercise of the right of suffrage, or furnishes any elector wishing to vote, who cannot read, with a ticket, informing or giving such elector to understand that it contains a name, written or printed thereon, different from the name which is written or printed thereon, or defrauds any elector at any such election by deceiving and causing such elector to vote for a different person for any office than he intended or desired to vote for; or who, being inspector, judge, or clerk of any election, while acting as such, induces or attempts to induce any elector, either by menace or reward, or promise thereof, to vote differently from what such elector intended or desired to vote, is guilty of felony. En. February 14, 1872. Am'd. 1893, 7.

§ 54. Furnishing money for elections. Every person who, with intent to promote the election of himself or any other person, either

1. Furnishes entertainment at his expense to any meeting of electors previous to or during an election;

2. Pays for, procures, or engages to pay for any such entertainment;

3. Furnishes or engages to pay or deliver any money or property for the purpose of procuring the attendance of voters at the polls, or for the purpose of compensating any person for procuring attendance of voters at the polls, except for the conveyance of voters who are sick or infirm;

4. Furnishes or engages to pay or deliver any money or property for any purpose intended to promote the election of any candidate, except for the expenses of holding and conducting public meetings for the discussion of public questions, and of printing and circulating ballots, handbills, and other papers previous to such election; -is guilty of a misdemeanor. En. February 14, 1872. Buying appointment to office: Post, sec. 73.

§ 54a. Receiving or contracting for any money or thing of value for voting or not voting. It is unlawful for any person, directly, by himself, or through any other person:

1. To receive, agree, or contract for, before or during an election, any money, gift, loan, or other valuable consideration, office, place, or employment, for himself or any other person, for voting or agreeing to vote, or for coming or