filed, or an action or proceeding to annul and set aside the election of any person declared elected to an office, or to remove or deprive any person of his office for an offense mentioned in this act, must be made to or commenced in the superior court of the county in which the certificate of his nomination as a candidate for the office to which he is declared elected or is the incumbent is filed, or would be filed under any law enacted subsequent to the first day of January, eighteen hundred and ninety-one, had such law been in force at the time he was a candidate.

SEC. 16. A candidate elected to an office, and whose election thereto has been annulled and set aside for any offense mentioned in this act, shall not, during the period fixed by law as the term of such office, be appointed to fill any vacancy which may occur in such office. A candidate or other person who is removed from or deprived of his office for any offense mentioned in this act shall not, during the period remaining as the unexpired term of such office, or during the period fixed by law as the next ensuing term of such office, be appointed to fill any vacancy which may occur in such office. Any appointment to an office made in violation of or contrary to the provisions of this section shall be void.

SEC. 17. Every offense mentioned in this act which is punishable by imprisonment in the state prison is hereby declared to be an infamous crime, and when any person is convicted of an offense herein declared to be an infamous crime, he shall, in addition to the punishment prescribed by the laws of this state for such offense, be excluded from the right of suffrage after such conviction; and it shall be the duty of the county clerk of the county in which any such conviction shall be had to transmit a certified copy of the record of conviction to the clerk of each county of the state within ten days thereafter, which said certified copy shall be duly filed by the said county clerks in their respective offices, and a record of such must be made, and such record shall be a public record, and open to the inspection of any citizen.

SEC. 18. If the district attorney of the county shall be notified by any officer or other person of any violation of any of the provisions of this act, it shall be his duty forthwith to diligently inquire into the facts of such violation, and if there is reasonable ground for instituting a prosecution, it shall be the duty of such district attorney to file a complaint or accusation, in writing, before a court of competent jurisdiction, charging the accused person of such offense, and shall verify such complaint by affidavit; but it shall be sufficient to state in such affidavit that he believes the facts stated in such complaint to be true. If any district attorney shall fail or refuse to faithfully perform any duty imposed upon him by this act, he shall be deemed guilty of a misdemeador, and on conviction thereof shall forfeit his office. It shall be the duty of the district attorney, under penalty of forfeiture of his office, to prosecute any and all persons guilty of any violation of the provisions of this act, the penalty of which is fine or imprisonment, or both, or removal from office. Any citizen may employ an at

torney to assist the district attorney to perform his duties under this act, and such attorney shall be recognized by the district attorney and the court as associate counsel in the proceeding; and no prosecution, action, or proceeding shall be dismissed without notice to, or against the objection of, such associate counsel until the reasons of the district attorney for such dismissal, together with the objections thereto of said associate counsel, shall have been filed in writing, argued by counsel, and fully considered by the court, with such limitation as to the time of filing such reasons and objections as the court may impose.

SEC. 19. It shall be unlawful for any person, directly or indirectly, by himself or through any other person,

1. To pay, lend, or contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration, to or for any voter, or to or for any other person, to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election, for any particular person or persons, or to induce such voter to come to the polls or remain away from the polls at such election, or on account of such voter having voted or refrained from voting, or having voted or refrained from voting for any particular person, or having come to the polls or remained away from the polls, at such election.

2. To give, offer, or promise any office, place, or employment, or to promise to procure, or endeavor to procure, any office, place, or employment, to or for any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election for any particular person or persons.

3. To make any gift, loan, promise, offer, procurement, or agreement, as aforesaid, to, for, or with any person, in order to induce such person to procure, or endeavor to procure, the election of any person, or the vote of any voter at any election. 4. To procure, or engage, promise, or endeavor to procure, in consequence of any such gift, loan, offer. promise, procurement, or agreement, the election of any person, or the vote of any Foter at such election.

5. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same, or any part thereof, shall be used in bribery at any election; or to knowingly pay, or cause to be paid, any money, or other valuable thing, to any person in discharge or repayment of any money, wholly or in part, expended in bribery at any election.

6. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same, or any part thereof, shall be used for boarding, lodging, or maintaining a person at any place or domicile in any election precinct, or ward, or district. with intent to secure the vote of such person, or to induce such person to vote for any particular person or persons at any election.

7. To advance or pay, or cause to be paid, any money or

other valuable thing to or for the use of any other person, with the intent that the same, or any part thereof, shall be used to aid or assist any person to evade arrest who is charged with the commission of a crime against the elective franchise, for which, if the person were convicted, the punishment would be imprisonment in the state prison.

8. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, in consideration of being selected or indorsed as the candidate of any convention, organized assemblage of delegates, or other body, representing, or claiming to represent, a political party or principle, or any club, society, or association, for a public office, or in consideration of the selection or indorsement of any other person as a candidate for a public office, or in consideration of any member of a convention, club, society, or association having voted to select or indorse any person as a candidate for a public office, except that a candidate for nomination to a public office may contribute such proportion of the cost and expense of holding a primary election as is authorized by the Political Code of this state, and no more.

9. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, in consideration of a person withdrawing as a candidate for a public office.

Every person who commits any of the offenses mentioned in this section is punishable, upon conviction thereof, by impris onment in the state prison for not less than one year nor more than seven years.

SEC. 20. It shall be unlawful for any person, directly or indirectly, 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 agreeing to come to the polls, or for refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or refraining or agreeing to refrain from voting, for any particular person or persons at any election.

2. To receive any money or other valuable thing, during or after an election, on account of himself or any other person having voted or refrained from voting, for any particular person or persons at such election, or on account of himself or any other person having come to the polls or remained away from the polls at such election, or on account of having induced any other person to vote or refrain from voting, or to vote or refrain from voting for any particular person or persons, or to come to or remain away from the polls, at such elec

tion.

3. To receive any money or other valuable thing, before, during, or after election, on account of himself or any other person having voted to secure the election or indorsement of any other person as the nominee or candidate of any convention, organized assemblage of delegates, or other body representing, or claiming to represent, a political party or principle,

or any club, society, or association, or on account of himself or any other person having aided in securing the selection or indorsement of any other person as a nominee or candidate as aforesaid.

Every person who commits any of the offenses mentioned in this section is punishable, upon conviction, by imprisonment in the state prison for not less than one nor more than seven years.

SEC. 21. Every person who willfully causes, procures, or allows himself to be registered in the precinct register or great register of any county, or city and county, 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.

SEC. 22. Every person who willfully causes, procures, or allows any other person to be registered in the precinct register or great register of any county, or city and county, knowing such person not to be entitled to such registration, is punishable by imprisonment in the state prison for not less than one year nor more than three years.

SEC. 23. Every person not entitled to vote who fraudulently Totes, 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, 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 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 had and lawfully conducted, -is punishable by imprisonment in the state prison for not less than two nor more than seven years.

SEC. 24. Every person not entitled to vote who fraudu lently 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.

SEC. 25. Every person who gives or offers a bribe to any officer or member of any legislative caucus, political convention, committee, primary election, or political gathering of any kind, held for the purpose of nominating candidates for offices of honor, trust, or profit in this state, with intent to influence the person to whom such bribe is given or offered to be more favorable to one candidate than to another, and every

person, member of either of the bodies in this section mentioned, who receives or offers to receive any such bribe, is punishable by imprisonment in the state prison not less than one nor more than seven years.

SEC. 26. Every officer or clerk of election who aids in changing or destroying any poll list or official ballot, or in placing any ballots in the ballot-box, or in 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, ballots, ballot-box, or ballots lawfully polled, is punishable by imprisonment in the state prison for not less than two nor more than seven years.

SEC. 27. 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 substi tutes forged or counterfeit returns of election in the place of true returns for a precinct, 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. 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.

SEC. 28. Every person who aids, 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 sections, is punishable by imprisonment in the state prison not exceeding two years.

SEC. 29. Every person charged with the performance of any duty under the provisions 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 omis sions is prescribed by the code of this state, punishable by fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or by both.

SEC. 30. Every person who, being a member of the committee selected as prescribed in section one of this act, or a candidate for a public office at an election, makes and files any false statement of moneys received and expended on account of or in respect of the conduct and management of the election in reference to which such statement is filed, is guilty of perjury, and is punishable by imprisonment in the state prison for not less than one year nor more than seven years.

SEC. 31. Every person who signs or presents for filing a cer