Volcano weekly ledger., 1856-11-01
The Election Law.

Of California, and we call particular attention
to the same. 1t is plain, and easily under
stood; and we call upon all good citizens
no matter what party they may belong to
to see that its provisions are observed and
enforced.
1t will be seen that if a vote is challenged,
the first last, aud only duty Of the Inspector
and Judges is to administer the oath prescrib-
ed by the Statute; and If the applicant takes
the oath, they are compelled to takehis cote acith-
ont asking single question. The Inspector
and Judges have no right, and it will be seen
that the law so declares it, to question the
validity of the oath; they must receive the
vote, and if the applicant swears falsely, he
is liable to be prosecuted and convicted of
felony.
We have heard that the Know Nothings,
in some of the outside precincts, will attempt
to have the Inspector and Judges require
adopted citizens TO explain all about the
court from which they obtained their papers,
&c, &c,-equyalent, and even more than
equivalent, to compelling them to show their
papers-which has been expressly interdicted
by decision Of our Supreme Court We
would say to our adopted fellow citizens, ex-
anime the oath that is prescribed by Statute,
as found below, and if you can conscientious
ly take the oath, do so, and ansiccr no other
questions, because no living man has the shad-
ow of a right to interrogate you after you
have taken the oath. Let this be well under
Stood
Examine the Election Law for yourselves
as follows:
Sec. o. At all elections the polls shall be
opened at eight o'clock in the morning, and
shall continue open until sunset, at which
time the judges shall close the poles: Provid-
ed, that the judges of the election may take
a recess; of one hour at any time they may
think proper during the day, before three
o'clock in the afternoon.
Sec % The board Of Judges, before they
commence receiving ballots, shall cause it to
be proclaimed aloud at the place of voting
that the polls are opened.
Sec. "a. The voting shall be by ballot. -
The ballot shall be paper ticket containing
the names of the persons for whom the eletor
intends to VOTE and designating the Office to
which each person so named is intended by
him to be chosen.
Sec. %. Whenever any person offers to
vote, the inspector shall pronounce his name
L In. l. 1. Il.
tion to the qualification Of such person as an
elector, shall receive his ballot, and in the
presence of the other judges put the same,
without being opened or examined, into the
ballot box
Sec 26 The name of each elector whose
ballot has been thus received, shall be imme-
diately entered by each clerk, in the column
of his poll list, headed names of voters, y
numbering each name in the additional column,
as it is taken down, so that it may be seen
at any time whether the two lists agree.
Sec. 81. Any person Offering to vote may
be challenged as unqualified by the inspector,
or either of the judges, or by any legal voter,
and it shall, in all cases, be the duty of the
inspector and each of the judges to challenge
any person offering to vote whom he shall
know or suspect not to be duly qualified as
an elector
Sec. %. When any person offering to vote
is challenged, it shall be the duty of the
board of judges TO declare to him the qualiii-
cations Of an eleetor.
Sec. 30 If such person shall still insist that
he is entitled to vote and the challenge shall
not be withdrawn, the board of judges, in
their discretion, may administer an oath or
affirmation to the voter; " You do swear Cor
affirm that you are citizen Of the United
States; that you are Of the age of twenty
one years, according to the best Of your in
! formation and belief; that you have resided
in this State six months next preceding this
election, and in this county (or district, OF
township, as the case may be) thirty days
and that you have not before voted this day.
Sec. 80. If the person thus challenged shall
take the oath as tendered to him by Me board OF
judges, he shall be admitted 10 r0te, and ii shall
not be laacfai, after he has taken such oatl
or affirmation for said board to examine any
witnesses touching his want of qualifications
but if he shall refuse to take the oath or aflir-
nation SO rendered to him, his vote shall be
rejected.
Sec. 81. If the vote Of any person be
challenged on the ground that he has been
convicted of an infamous crime or disfran-
chised by any court of competent jurisdiction,
he shall not be required to answer any ques-
tions respecting such alleged conviction; and
in the absence of any authenticated record
Of such facts, it may be competent for two
disinterested witnesses upon oath to prove the
/ same