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§ 1230.

§ 1231.

§1232.

§1233.

§ 1234.

§ 1235.

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Grounds of challenge.

Proceedings on challenge for want of identity.
Same, on challenge for non-residence in State.
Same, on challenge for non-residence in precinct.
Same, on challenge for having before voted.
Same, for conviction of crime or defalcation.

$1236. Challenges, how determined.

$1237.

§ 1238.

§ 1239.

§ 1210.

§ 1241.

§ 1242.

§ 1243.

Same.

If person refuses to be sworn, vote to be rejected.
Rules for the determination of questions of residence.

Term of residence, how computed.

Rules must be read, if requested.

Proceedings upon determination of challenge.

List of challenges to be kept.

1224. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain open.

1225. The person offering to vote must hand his ballot to the Inspector, or to one of the Judges acting as Inspector, and announce his name 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, avenue, 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. [Approved March 30, 1878; see note to § 1227.]

Announce his number--not required at special elections, see § 5 of Act in Stats. 1878, p. 73.

Register in use-printed copies to be posted, § 1149; copies not to be torn or defaced, § 1150.

Election and registration law for San Francisco-see Act creatting Board of Election Commissioners, etc., Stats. 1878. p. 299; not to be affected by amdt. 1878 to this section, see note to text of $ 1227; clerical assistants of Registrar, 55 Cal. 651.

1226. 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 number; 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. [Approved March 30, 1878. See note to § 1227.1

Amendment 1878-not to affect local law for San Francisco, described in note to § 1225.

1227. 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. [Approved March 30, 1878.]

[NOTE. The Act of March 30, 1878, amends §§ 1225, 1226, 1227, 1228, 1094, and 1113, and adds: Before the fifth day of August, in each year in which there shall be a general or Presidential election, each County Clerk must make a copy of the uncanceled entries existing on the Great Register on the preceding first day of August. The Board of Supervisors of any county may, by order, provide for the preparation and distribution of township or precinct registers for each township, instead of copies of the Great Register. For the purposes of registration and preparation of a new Great Register, or of township or precinct registers and copies thereof, if ordered by the Board of Supervisors, the County Clerk must employ such assistants, and for such times, and at such compensation, as shall, from time to time, be authorized by said Board, which shall be paid out of the County Treasury. Such order may be repealed and re-enacted as often as the Board of Supervisors may deem expedient. But for later enactment, see 6. 1113.1

Nothing in this Act shall be so construed as to repeal by implication any special election or registration law applicable to the City and County of San Francisco alone; but this Act shall be so construed as if passed prior thereto. [Approved March 30, 1878.]

Amendment 1878-effect of, see § 1226n.

Challenges-s 1230 et seq.

1228. 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. [In effect April 16, 1880.]

Printed copy of Register--§ 1115.

Write the word "voted"-letter "V" may be substituted at special elections, see § 3 of Act in Stats. 1878, p. 73.

1229. 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.

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

1230. 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 ho 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 days 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 or misappropriation of public money. [In effect April 16, 1880.] Section conforms--to requirements of § 1083, as amd. 1880. List of Challenges to be kept, § 1243.

SUBDIVISION 1. Identity--see § 1231, 1236, subd. 1, 1237.

SUBDIVISION 2. One year's residence in State-see SS 1232, 1237. Residence for voting purposes, rules for determing place of, § 1239.

SUBDIVISION 3. Naturalization for ninety days-see § 1083 and notes; also see § 1237.

SUBDIVISION 4. Ninety days' residence in county-see §§ 1083, 1233, 1237, 1239.

SUBDIVISION 5. Thirty days' residence in precinct-see note to subd. 4.

SUBDIVISION 6. Previous voting-see §§ 1234, 1236, subd. 2.

SUBDIVISION 7. Conviction for infamous crime-see $$ 1984, 1235,

1237.

SUBDIVISION 8. Conviction for embezzlement, etc.-see §§ 1084, 1235, 1237.

1231. 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."

Taking the oath tendered--determines challenge in favor of party challenged, § 1236, subd. 1. Necessity of, § 1237. Refusal bars vote, š

1238.

1232. 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,

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. [In effect April 16, 1880.] Before administering oath-rules may be read, § 1241.

Refusal to be sworn or to answer questions--is misdemeanor, Penal Code, § 43; and bars vote, § 1238 of this Code.

Place of residence-of elector, rules for determining, § 1239. Challenge tried and determined-by Board of Election at time of challenge, $ 1237; proceedings after, § 1242.

1233. 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. [In effect April 16, 1880.]

Refusal to be sworn, etc.-place of residence, rules before oath, determination of challenge, § 1232n.

Statements of voter--as to his qualifications, doubtful if evidence in contested election case, 30 Cal. 398.

1234. 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."

Taking the oath tendered-defeats challenge, § 1236, subd. 2. Refusal bars vote, § 1238.

Voting twice-or oftener is felony, Penal Code, § 45; attempt is misdemeanor, Penal Code, § 46; intention must accompany the act, 29 Cal. 681. Only one vote to be counted where two thus cast, 28 Cal. 134.

1235. 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. [In effect April 16, 1880.]

1236. 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.

When oath administered--right to vote (after challenge under subd, 2) is concluded, 5 Cal. 235.

1237. 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. [In effect April 16, 1880:]

1238. 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.

Refusal to be sworn or to answer questions-is misdemeanor, Penal Code, § 43.

1239. 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 presenco 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 held, by reason of having moved from one precinct to another, in the same county, within thirty days prior to the election, to have lost his residence in the precinct so moved from, provided he was an elector therein on the thirtieth day prior to such election.

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