The Placer herald., 1863-08-29


tion thereof shall be made at the place of voting.
and no votes shall be afterwards received.
SEC. 33. AS soon as the polls are closed on the
afternoon of the day of the election the judges
shall open the balot-boX and commence counting
the votes and in no case shall the hallOt-bOX be
removed from the room in which any election
may be held. until all the ballots are counted;
the counting of ballots shall in all cases be pub
lie. The ballots shall be taken out carefully, one
by one by the Inspector or one Of the Judges,
who shall open them, and read aloud the name OF
each person contained therein, and the office for
which every such person is voted for Each
clerk shall write down each office to be filled and
the name of each person voted for, for such
office, and shall keep the number OF votes by
talies, as they are read aloud by the Inspector or
Judge. The counting of votes shall be contin-
ued without adjournment until all are counted.
| Sec "a. If two tickets are folded together
they shall both be rejected; and if more persons
are designated on any ticket for any office than
to be elected for such office, such part oil the
ticket shall not lie counted for any of them; but
no ticket shall be lost for want OF form, II the
Board of Judges can determine to their satisfac-
tion the person voted for the office intended.
Sec. 35. As soon as all the votes are read off
and counted. certificate shall be drawn up on
each of the papers containing the poll list and
tallies, or attached thereto, stating the number
of votes each person voted for has received, and
esignating the office to fill which he was voted
for, which number shall be written in words at full
length. Each certificate shall be signed by the
clerks, Judges and Inspector. One of said GER
tifcates. with the poll list and tally paper to
which it is attached, shall be retained by the In
spector. and preserved by him at least six months
The ballots shall be strung upan chord or thread
| by the Inspector during the counting of the bal
lots in the order in which they are entered upon
the tally list by the clerks, and said ballots. to-
geher with the other of said certificates with the
poll list and tally paper to which it is attached,
shall be sealed up by the Inspector in the pres
epce of the Judges and clerks, and indorsed
ELECTION Returns" and be directed and deliver
ed sent by the Inspector to the county clerk of
the county in which the election is held, and the
said ballots shall be kept for at least six months
by said clerk; and if any person be of the opinion
that the vote of any precinct shall not nave Deen
correctly counted. he may appear on the day ap-
pointed for the Board of Supervisors to open the
returns, and demand recount of the vote of said
precinct. and the Board of Supervisors shall pro-
ceed to recount the vote Of the precinct that is so
claimed to have been incorrectly counted.
Sec. SO. The said package shall be delivered
to the County Clerk by one OF the Judges or
Clerk OF the election in person, or may be sent
by private hand or by mail. If sent by private
hand, the person delivering it shall. before the
County Clerk take and subscribe affidavit that
| the package was delivered to him by one of the
JUICES (naming him. that it has not been out Of
his possession since it was received. and has un
dergone no alteration while in his possession
The affidavit shall be endorsed on the package
If sent by mail, it shall be mailed by one Of the
Judges. and the postmaster shall make on it an
endorsement that he received it from one OF the
judges (namng him)
Sec. l04. Ifany Inspector Judge, or clerk
of an election shall, previous to putting the bal
| lot OF any elector in the ballot box, attempt to
pry into or find out any name names on such
ballot which shall have been handed in by said
| Il
| Judge or clerk OF any election shall open or suf-
fer the folded ballot of any elector which has
been handed in to the Board of Judges to be
opened or examined inte previous to putting the
same into the ballot box. or if any Inspector,
Judge or clerk of an election shall make or place
any mark or device on any folded ballot which
has been handed in to the Board of Judges by
any elecor, with the view to ascertain the name
OF any person or persons for whom such eector
| shall have voted at any such election. or if any
Inspector, Judge or clerk of an election. without
! the consent OF the elector shall disclose the name
| OF any person or persons which such Inspector,
Judge or clerk. shall have fraudulenly or illegal
ly discovered to have been voted for such clector
| at any election every such Inspector, Judge or
clerk of an election offending, upon conviction
| thereof, shall he fined in any sum not less than
! fifty nor more than five hundred dollars. Every
! person who shall forge Or counterfeit returns of
an election purporting to have been held at pre-
cinct, town or ward, whore no election was in
fact held, or shall wiltully substitute forged or
counterfeit returns Of election in the place Of the
true returns. for precinct, town. or ward where
an election was actually held. shall, upon convc-
tion be punished by imprisonment in the State
Prison for term not less than two years. and not
more than ten years. Every person who shall
wilfuly add to or subtract from the votes actual.
ly cast at an election in any returns of such elec-
ton. whether such person be an officer of such an
election or not, every officer of elections who
| shall WiliullV make false and fIou1ul ROT
| in any manner whatever. of an election held in
| any precinct, town, or ward, and every person
| whom soevcr whether officer or not to whom or
| through whom any such returns are required by
law to be made, whether such person be county
clerk Messenger, Secretary of State or other
person who shall alter such election returns shall
upon conviction, be punished by Imprisonment in
| the State Prison Tor Il term not less than one nor
more than five years.
Every person who shall aid or abet in the COM
mission of the offenses mentioned in this section
or who, being present at or cognizant of the COM
mission OF either of said ofenses, and shall not
81 We information thereof as soon as practicable
to the District .1ttOrney or Grand Jury of the
proper county, or to some Justice Of the Peace of
such county, sh' H. for every such offense be pun
ished upon conviction thereof, by imprisonment
in the County Jail for the period of six months,
or in the State Prison for u term of not more
than two years.
The attention of Inspectors and Judges is call
ed to an Act to amend an act to regulate cleo
tions, passed March 23d, 1855, on page 100 of
the Statute Of 1855.
Ess- The above is the law regulating
Elections in this State, and the Boards OF
Election in the different Precincts are requir,
ed to comply with it. And the attention of
the inspector is especially called to his duty
under Section 50, in relation to sending bal
lots to the County Clerk.