The Shasta courier., 1868-10-24


See. 2. If any person shall refuse to take the
said preliminary oath when 80 rendered, or to an
swer any aud all pertinent questions as to his quail
ihcations, his vote shall be rejected and if the
Board of Judges 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
entitled to vote, and the Board of Judges find no
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 ofthe Judges, viz:
:" You do swear Tor affirm, as the case NAV bel
that you are citizen of the United States that you
are OF the age of twenyone years according to 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, as the case may be,) thirty days, and that
you have not voted this day?''
And in case the person offering to vote produce a
certified transcript of the records of Court of COM
petent jurisdiction, admitting him to citizenship,
duly attested by the Clerk thereof as evidence of
his right to vote, and the person so producing the
same is unknown to the Board of Judges, he shall
make oath that he is the person therein named
See. 4. If any person challenged as unqualified
shall be guilty of wilfu and corrupt false swearing
or affirming in taking any oath or affirmation pre-
scribed by this Act, such person shall be adudged
guilty of wilful and corrupt perjury
Sec. 3. Every person who shall wilfully and
corruptly procure any person to swear or affirm
falsely as aforesaid shall be adjudged guilty of sub
ornation of perjury. and shall upon conviction
thereof suffer the punishment directed by law in
cases OF wilful and corrupt perjury.
Sec. 6. Every person who shall procure, aid, as
sis counsel or 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 fine of not less than fifty nor
more than five hundred dollars, or Imprisonment
not less than two nor more than six months, OF by
both such fine and Imprisonment, as the Court may
direct.
See. 7. The Board of Judges of Election shall
keep minute of their proceedings in respect to the
challenging ana administering of oaths to persons
offering to yote in which shall be entered by one of
them the name of every person who shall have ta-
ken the oa:hs prescribed by this Act or either of
them, specifying in each case whether the prelimi-
nary oath, or the general OATH or both, taken
which minutes and statement shall be certified by
the Inspector and returned by him to the office at
which the returns ofvotes given at such election
made, and the minutes so returned shall be filed in
the office aforesaid.
Sec. 8. Ii the Inspector Judges do not faith
fully and impartially discharge their duties they
shall be deemed guilty of a misdemeanor, and upon
convietion shall be punished by fine not exceed
ing five hundred dollars, or Imprisonment not ex-
ceeding six months, or by both such fine and i'm
prsonment, the Court may direct.
See. g. All Acts and parts of Acts in conflict
with the provisions of this Act hereby repealed
Sec. 81. If the vote of any person be chal-
lenged on the ground that he has been convic-
ted of an infamous crime, or disfranchised by
any Court ofcompetent jurisdc ion, he shall not
be required to answer any questions 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.
Sec 80. When the polls are closed, procla-
nation thereof shall be made at the place of vo-
ting, and votes shall be afterwards received
Of Counting and Receioing the Votes, Declaring
the Result Of Elections, and Of Certificates of
Election.
Sec. 33. As soon the polls are closed on
the afternoon of the day of the election, the
Judges shall open the box and commence
counting the votes, and in no case shall the
ballot box be removed from the room in which
the election may be held, until all the ballots
are counted the counting ofbalots shall in all
cases be public.
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 Of
fee 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
such office, and shall keep the number of votes
by tallies, as they are read aloud by the In
spector or Judge. The counting of the votes shall
be continued without adjournment until all
are counted.
Sec. 81. IF two tickets are folded together,
they shall both be rejected and if more per-
sons are designated on any ticket for any office
part of the ticket shall not be counted for any
of them; but no ticket shall be lost from want
of form, if the Board of Judges can determine
to their satisfaction.
Sec. So. AS soon as all 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 num-
ber of votes each person voted for has received,
and designating 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, the Judges, and Inspector
One of said certificates, with the poll list, and
tally paper to which it is attached shall be re-
tained by the Inspector, and preserved by him
at least six months The ballots shall be strung
upon a cord or thread by the Inspector during
the counting of the ballots, in the order in which
they entered upon the tally list by the Clerks
certificates, with the poll list and tally paper to
which it is attached shall be sealed up by the
Inspector in presence of the Judges and Clerks
and ind0rsed Election Returns" and be d.
rected 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 said Clerk; and
1t any person be of the opinion that the vote of
any precinct shall not have been correctly coun
ted, be may appear on the day appointed for the
Board of Supervisors to open the returns. and
demand a recount of the vote of said precinct
and the Board of Supervisors shall proceed to
recount the vote ofthe precinct that is SO claim
ed to have been incorrectly counted
Sec. So. The said package shall be delivered
to the County Clerk by one of the Judges or
Clerks 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 an affidavit
that the package was delivered to him by one
of the Judges. (naming him. that it has not
been out OF his possession since it was received
and has undergone alteration while in his
possession. The affidavit shall be endorsed on
the package. If sent by mail, it shall be mail
ed by one of the Judges, and the postmaster
shall make on it an Endorsement that he receiy-
ed it from one of the Judges, manning him.
Ofthe Penalties for Misconduct at Elections, and
for Violation Of Certdn Prouisions of this Act
Sec. 9s. Ifany person SHALL directly or in
directly, use any threats, menace or force, or
any corrupt means or device, at, or previous to, j,
any election held persuant to this towards any