4. 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. 5. 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. 6. If a person removes to another State with the intention of making it his residence, he loses his residence in this State. 7. 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 futuro period. 8. The place where a man's family resides must be held to be his residence; but if it be a place of temporary establishment for his family, or for transient objects, it is otherwise. 9. If a man have a family fixed in one place, and he does business in another, the former must be considered his 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. 10. The mere intention to acquire a new residence, without the fact of removal, avails nothing; neither does the fact of removal, without the intention. [Approved March 30; in effect July 6, 1874.] Questions as to residence--§§ 1232, 1233. Compare with this section-rules for determining place of residence generally, § 52 and notes. Term of residence-how computed, § 1240. SUBDIVISION 2. Constitutional basis-see Const. Cal., art. 2, § 4. Employment in service of United States--soldiers' residence not affected by, 15 Cal. 49; 28 Cal. 124; 38 Cal. 92; and attempt to confer residence thereby is unconstitutional, 26 Cal. 161; 31 Cal. 261. SUBDIVISION 9. Residence of family-though party working in another county, settles place of residence, 28 Cal. 124. SUBDIVISION 10. Without intention--to remain, mere inhabitancy for short period would not make elector's residence, 4 Cal. 175. 1240. 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. Excluding day of election--proper, 28 Cal. 124. 1241. 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. Oath touching place of residence--$$ 1232, 1233. 1242. 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. 1243. 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. 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. Certain papers to be sealed up. § 1262. § 1263. Tickets to be strung and inclosed in sealed envelops. Return list. Inspector to keep certain papers. Board. $1264. Must be delivered to County Clerk. §1265. Clerk to keep ballots unopened. $1266. When package containing ballots may be destroyed; when opened. § 1267. Returns to be delivered by Clerk to Supervisors. § 1268. Copy of Register to be filed in County Clerk's office. 1252. 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. 1253. 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 ballot, 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. [Approved March 30; in effect July 6, 1874.] List of voters--§ 1229. 1254. 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 folded together were cast by one elector, they must be rejected. (Approved March 30; in effect July 6, 1874.] 1255. The ballots must be immediately replaced in the box, and if the ballots in the box exceed in number the names on the lists, one of the Judges must publicly, and without looking in the box, draw out therefrom singly, and destoy, unopened, a number of ballots equal to such excess; and the Board of Election must make a record, upon the poll list, of the number of ballots so drawn and destroyed. In the City and County of San Francisco the numbers appearing on the backs of the ballots so drawn must likewise be recorded. [Approved March 30; in effect July 6, 1874.] 1256. The number of ballots agreeing or being thus made to agree with the number of names on the lists, the lists must be signed by the members of the Board and attested by the Clerks, and the number of names thereon must be set down in words and figures at the foot of each list, and over the signatures of the Judges and the attestation of the Clerks, substantially in the form prescribed in Section 1174. 1257. After the lists are thus signed, the Board must proceed to count and ascertain the number of votes cast for each person voted for. The ballots must be taken out and opened by one of the members of the Board, and the ticket must be distinctly read. 1258. Each Clerk must write down each office to be filled, and the name of each person voted for to fill such office, and keep the number of votes by tallies as they are read aloud. 1259. The tickets as soon as read, or rejected for illegality, must be strung upon a string by one of the Judges, and must not thereafter be examined by any person, but must, as soon as all are counted, be carefully sealed in a strong envelop, each member of the Board writing his name across the seal. Preservation of the ballots-object of provisions for, 28 Cal. 132. Ballots as evidence--held better evidence of votes cast (under similar statute) than tally lists, 28 Cal. 133; but regarded otherwise where fraudulently tampered with, 45 Cal. 241. 1260. As soon as all the votes are counted and the tickets sealed up, lists must be attached to the tally lists containing the names of persons voted for and for what office, and the number of votes given for each candidate, the number being written at full length, and such lists must be signed by the members of the Board and attested by the Clerks, substantially in the form in Section 1174 given. 1261. The Board must, before it adjourns, inclose in a cover, and seal up and direct to the County Clerk, the copy of the register upon which one of the Judges marked the word "Voted" as the ballots were received, all certificates of registration received by it, one of the lists of the persons challenged, one copy of the list of voters, and one of the tally lists and list attached thereto. [ Approved March 30; in effect July 6, 1874.] 1262. The Inspector must retain, open to the inspection of all electors, for at least six months, the other list of voters, tally list, and list attached thereto. (Approved March 30; in effect July 6, 1874.] 1263. The sealed packages containing the register, lists, papers, and ballots, must, before the Board adjourns, be delivered to one of its number, to be determined by lot, unless otherwise agreed upon. 1264. The member to whom such packages are delivered must, without delay, deliver such packages without their having been opened, to the County Clerk, nearest Postmaster, or sworn express agent, who shall indorse on such packages the name of the party delivering them, and date of such delivery. If delivered to a Postmaster or express agent, such Postmaster or express agent shall forward the packages by the first mail or express to the county seat. In the City and County of San Francisco, such packages must be delivered to the County Clerk within eighteen hours from the time of adjournment of the Board, which time of adjournment must be indorsed upon such package, and upon each poll list, in ink, and signed by a majority of the members of such Board. In the City and County of San Francisco, the packages must be put up and sealed in the following manner, by an Inspector, and at least three others of the Board, and be signed with their respective signatures, across the same, written: One package to contain the ballots only; one package to contain one taily list and list attached, only; one package to contain the Ward Register and certificates of registration issued by the County Clerk after making up the Ward Register, and received at the polls. [Approved March 30; in effect July 6, 1874.] 1265. Upon the receipt of the packages the Clerk must file the one containing ballots, and must keep it unopened and POL. CODE-18. |