ballots to compel such an accounting. [Amendment approved March 20, 1891; Stats. 1891, p. 175; in effect July 1, 1891.]

1208. Illiterate voter, officers to assist. Any elector who declares, under oath, to the presiding election officer that he cannot read, or that, by reason of physical disability, he is unable to mark his ballot, shall, upon request, receive the assistance of two of the officers of election, of different political parties, in the marking thereof, to be chosen as follows: one by the inspector then receiving the ballots, and the other by the judge of the opposite political party which at the last election cast the highest number of votes throughout the state, and in the event there are more judges than one of said party, then by the one of said judges who shall be named by said inspector. Neither of the persons appointed shall be of the same political party with the person appointing, nor shall either of said persons so making said appointments appoint the other for said purposes. Such officers shall thereafter give no information regarding the marking of said ballot. The oath of the elector shall be in the form of an affidavit, and shall be as follows: State of California, county of

number

SS.

-, assembly district

first duly sworn, deposes and says that he cannot read, or by reason of physical disability, to wit, is unable to mark his ballot.

Subscribed and sworn to before me this

A. D. 18-.

- he

day of

Upon said affidavit shall be indorsed the appointment of the persons (with their names) to assist the elector in the marking of his ballot, as aforesaid, which indorsement shall be signed by the officers of election making the appointments. Said persons so appointed shall thereupon, and before assisting said elector, take and subscribe the following oath:

State of California, county of number precinct, ss.

and

assembly district

being duly sworn, each for himself says that he is one of the officers of election appointed to assist

(here insert name of the elector) in marking his ballot, and that he will not give any information, now or hereafter, regarding the same.

Subscribed and sworn to before me this

A. D.

day of

Said affidavits may be sworn to before any officer of election competent to administer an oath, and the same, with the indorsements thereon, shall be returned to the county clerk, as provided in section one thousand two hundred and sixty-one of this code.

Lists of the voters who have been assisted in marking their ballots shall be kept by the clerks keeping the poll lists, and shall be returned and preserved as the poll lists are returned and preserved. [Amendment approved March 23, 1893; Stats. 1893, p. 308; in effect immediately.]

The section above amended was adopted in 1891 (Stats. 1891, p. 175), and read as follows:

Any elector who declares, under oath, to the presiding election officer that he cannot read, and that by reason thereof, or that by reason of physical disability he is unable to mark his ballot, shall, upon request, receive the assistance of any one of the officers of election that he may choose in the marking thereof, and such officer shall thereafter give no information regarding the same.

1209. Removing number of ballot. No member of the board of election shall deposit in the ballot-box any ballot from which the slip containing the number of the ballot has not been removed by the inspector. [Amendment approved March 20, 1891; Stats. 1891, p. 175, in effect July 1, 1891.]

1210. Sample ballots Curds of instruction. The county clerk of each county, or in case of separate city or town elections, the clerk or secretary of the legislative body of such city or town, shall cause to be printed on plain white paper, without water-mark or indorsements (except the words "Sample Ballot "), at least as many copies of the form of ballot provided for use in each voting precinct as there shall be registered voters in such precinct. Such copy shall be designated "Sample Ballots,' and shall be furnished to registered voters at the office of

such clerk or secretary five days before the day fixed by law for such election, and at any time during such five days; provided, that not more than one sample ballot shall be furnished to any one voter. Such clerk or secretary shall cause to be printed, in large, clear type, on cards, instructions for the guidance of electors in obtaining and marking their ballots. He shall furnish twelve such cards to the board of election in each election precinct in his county, at the same time and in the same manner as the priated ballots and sample ballots. The board of election shall post at least one of such cards in each booth or compartment provided for the preparation of ballots, and not less than three of such cards at other places in and about the polling-places, on the day of election. Sections twelve

hundred and fourteen and twelve hundred and fifteen of this code, and section sixty-one of the Penal Code shall also be printed on each of said cards. [Amendment approred March 20, 1891; Stats. 1891, p. 175; in effect July 1, 1891.)

1211. Void ballots. In canvassing the votes, any ballot which is not made as provided in this act shall be void, and shall not be counted; but each such ballot must be preserved and returned with the other ballots. Any name written upon a ballot shall be counted for the office under which it is written, whether or not a cross is marked after it. If a voter marks more names than there are persons to be elected to an office, or if for any reason it is impossible to determine the voter's choice for any office to be filled, his ballot shall not be counted for such office. [Amendment approved March 20, 1891; Stats. 1891, p. 176; in effect July 1, 1891.]

1212. Two hours allowed to employees. 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 which 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. [Amendment approved March 20, 1891; Stats. 1891, p. 176; in effect July 1, 1891.]

1213. False nominations. 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 water-mark in imitation of ballot paper, or disclose the same to any person not engaged in making, printing, or distributing of ballot paper or ballots. [New section added March 20, 1891, Stats. 1891, p. 178; in effect July 1, 1891.]

1214. No supplies to be destroyed. 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. [New section added March 30, 1891; Stats. 1891, p. 178; in effect July 1, 1891.]

1215. Secrecy of the ballot provided for. 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 bal

lot; 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 afterwards 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 pollingplace. New section added March 20, 1891; Stats. 1891, p. 178; in effect July 1, 1891.]

1216. Registrar. 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. [New section added March 20, 1891; Stats. 1891, p. 178; in effect July 1, 1891.]

1234. Indictment for refusal to swear: 75 Cal. 672.

1257. Counting of ballots. After the lists are thus signed, the board must proceed to open the ballots, and count and ascertain the number of votes cast for each person voted for. At all elections where a general ticket and a municipal ticket are used, the canvass of the general ticket shall be completed before the canvass of the municipal ticket is commenced. All the ballots must be taken out of the ballot-box, one at a time, and opened by one of the members of the board, and so taken out by one of the board, and the name of each person marked in the hallots as voted for shall be distinctly read in connection with the office for which he is a candidate. After the ballots have been so counted, and an official record, as herein before mentioned, made, immediately thereafter all the ballots, when read, must be, by one of the judges, strung upon a string. All ballots rejected for illegality must be indorsed upon the ballot the cause of such rejec