The weekly union record. [volume] (Oroville, Calif.) 1864-1866, 1865-10-14


ton to the qualification of such person as an cleo
tor shall receive his ballot, and in the presence Of
the other Judges, put the same, without being
opened or examined, into the ballot box.
ART. 2I35-SEc. a6.-The name of each eleetor
whose ballot has thus been received, shall be imme
diatey entered BY each Clerk, in the column of his
poll list headed, :. Names of Voters" numbering
each name in the additional column. as it is taken
down, that it may be seen at any time whether
the two lists agree.
ART. 2l36-SEc. 27.-Any person Offering to
vote nav be challenged as unqualified by the In
spector or either of the Judges by any legal vo-
ter and it shall in all cases be the duty of the In
spector and each Judge to challenge any person
offering 10 vote whom he shall know or suspect not
TO be duly qualified as an elector.
SEC IS. If any person offering to vote at any
election shall be challenged in relation TO his right
at that election. the Board of Judges shall declare
to him the qualifications of elector, and the In
spector or one of the Judges shall tender to him
the following preliminary oath
You do swear or affirm that you Will fully and
truly all such questions as shall be put to
you touching your place of residence and qualfea-
tons as an elector "
The Inspector or one of the Judges shall then
proceed to question the person challenged in rea-
lion to bis name, his then place of residence, how
long he has resided in the township and county
where his last place of residence was, also as to his
citizenship, and whether native or naturalized
citizen and if the latter. when, where and in what
l.
and all such other questions shall tend to test
his qualifications as to citizenship and right to
vote.
SEC 2. If any person shall refuse to take the
said preliminary oath when so rendered, or to an
any and all pertinent questions to his quail
ifications, his vote shall be rejected and If the
Board of Judges are satisfied, from his answers as
aforesaid. that such person is not legal voter,
they shall reject his vote.
SEC 3. If such person shall still insist that he is
lad N Ota nd he nar,3o If mr.
cause to reject his vote under the preliminary ex-
animation, and the challenge shall not be with
drawn, he shall not be entitled TO vote unless he
take the following oath, to be administered by the
Inspector or one of the Judges, viz:
You do swear Tor affirm, as the case may beg
that you are a citizen of the United States, that
you are twenty-one years of age, according 10 the
best of your knowledge and belief, that you have
resided in this State six months next preceding
this election, and in this county Township or ward
case the may be) thirty days, and that you have
not voted this day 2"
And in case the person offering to vote produce a
certified transcript of the records of Court OF
competent jurisdiction, admitting him to citizen
ship duly attested by the Clerk thereof, evidence
of his right to vote and the person producing the
same is unknown to the Board of Judges, he shall
make oath that he is the person therein named.
SEC. (. If any person challenged as unqualified
shall be guilty OF wilful and corrupt false swear
ing or affirming in taking any oath or affirmation
prescribed by this Act, such person shall be ad-
indged guilty of willful and corrupt perjury.
SEC. 5. Every person who shall willfully and
eorruptly procure any person to swear or affirm
falsely as aforesaid shall adudged guilty of sub
ornation of perjury and shall on conviction suffer
the punishment directed by law IN cases OF wllful
and corrupt perjury.
SEC. 6, Every person who shall procure, aid or
assist. counsel, advise another to give or offer
his vote at any general or special election knowing
that the person is not duly qualified to VOTE shall
on conviction be adjudged guilty of misdemeanor,
and punished by line of not less than fifty nor
more than five hundred dollars, or Imprisonment
not less than two more than six mouths, or by
both such fine and imprisonment as eCourt may
direct.
SECT. The Board of Judges of election shall
keep minute of their proceedings in respect to the
challenging aud administering of oaths To persons
Offering TO vote, in which shall be entered by one
of them the name of every person who shall have
taken the oahs prescribed by this Act or either OF
them, specifying in each case whether the preml
nary cath, the general oath, or both were taken
which minutes aud statement shall be certified by
the Inspector and returned by him to the office at
which the returns of votes given at such election
are made, and the minutes returned shall be hed
in the Office aforesaid.
SEC. s. IT the Inspector or Judges do not faith
fully and mpartially discharge their duties, they
shall be deemed guilty of misdemeanor, and upon
COW teton shall be punished by hne not exceed
ing five hundred dollars, or Imprisonment not ex-
ceeding six months or by both such fine and i'm
prsonment, as the court may direct.
SEC 81. If the vote of any person be challenged
on the ground that he has been convicted of in
famous crime, or DISTINGUISHED by any coart OF
competent jurisdiction, he shall not be required to
answer any questions respecting such alleged con-
viction. And in the absence of any authentic rec
ord of such facts it may be competent for two dis
interested witnesses upon oath TO prove the same.
ART. 2l3S-SEC. 32-When the polls are closed,
proclamation thereof shall be made at the place of
and No M ~ afterwards
Counting and Receiving the Votes, De-
claring the Result of Elections, and
Certificates of Election.
ART 2l39-SEc. 33.-As soon as the polls are
closed the afternoon of the day of election the
Judges shall open the ballot box and commence
counting the votes; and in no case shall the ballot
box he removed from the room in which any cleo
ton NAV be held until all the ballots are counted
the counting of ballots shall in all cases be public;
the ballots shall be taken ont carefully one by one.
by the inspector or one OF the Judges, who shall
open them and read aloud the names of each per
son contained therein and the Office for which eve
nv such person is voted for Each clerk shall write
down each Office to be filled, and the name of each
person voted for such office, and shall keep the
number of votes by taes. as they are read aloud
by the Inspector or Judge. The counting of the
votes shall be continued without adjournment till
all are counted.
ART 2I4O-SEc. 34.-If two tickets shall be found
folded together they shall both be rejected; and if
more persons designated on any ticket for any
Office than are to be elected to such office, such
part of the ticket shall not be counted for any OF
Them: but no ticket shall be lost for want of form,
if the Board of Judges can determine to their sat
isaction the person voted for and the Office intended
STATUTE OF lS63.-PAGE Ssh
SEC. IS. As soon as the votes are read off and
counted a 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 received, and designating the
office TO fill which he was voted for, which number
shall be written in words at full length. Each
titicate shall be signed by the Clerks, the Judges
and Inspector one of said certificates with the poll
list and tally paper to which it is attahed shall be
retained by the Inspector. and preserved by him at
least six months The ballots shall be strung upon
cord or thread by the Inspector during the count
ing of the ballots, in the order in which they are
entered upon the tally list by the clerks, and said
ballots together with the other of said certificates,
with the poll list and tally paper to which ii is at
tahced shall be sealed up by the Inspector in pres
ence of the Judges and Clerks, and Endorsed Elec
ton Returns, and be directed and delivered or
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 the
said Clerk. and if any person be of the opinion