Year: 1864




lenged on the ground that he has been convic-
ted of an Infamous crime. or disfranchised by
any Court ofcompetent jurisdiction, 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 81. When the polls are closed, proela-
nation thereof shall be made at the place of ro-
ting, and no votes shall be afterwards received
OF Counting and Receicmg the Votes, Declaring
the Result Of Elections, and Of Certificates Of
Election.


Sec. SO. As soon as the polls are closed on
the afternoon of the day of the election, the
Judges shall open the ballot-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 OF ballots shall in oil
cases be public.


The ballots shall be taken ont carefully, one
by one, by the Inspector or one of the Judges,
| Eho 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
| filed, and the name of each person voted for
such office, and shall keep the number of votes
| bv tallies, as they are read aloud by the In
spector 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
kian are to be elected tor such Office, such
pant of the ticket shall not be counied 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. 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 NUN
| Der 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 n 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,
and said ballots, together 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 presence of the Judges and Clerks.
and indorsed {. Election Returns and be di-
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
if any person be of the opinion that the vote of
any precinct shall not have been correctly coun-
ted, he 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 Of the precinct that is so claim
| ed to have been incorrectly counted.


Sec. sc. 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. f-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 Judges, (naming him. that it has not
| been out of his possession since it was received
| and has undergone no alteration while in his
possession. The affidavit shall be endorsed On
the package. If sent by mail, il shall be mail
ed by one of the Judges, and the postmaster
| shall make on it an Endorsement that he receiv-
ed it from one of the Judges, (naming him)


Ofthe Penalties for Misconduct at Elections, and


for Pollution Of Certain Provisions 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
any election held pcrsuant to this towards any
clector, to hinder or deter him from voting at
such election; or shall attempt by any means
whatever, to awe, restrain, hinder, disturb
any elector in the free exercise of the right of
suffrage. he shall upon conviction thereof be
fined in any sum not exceeding FIVE hundred
dollars.


Sec. 90 Ifany person shall furnish any cleo
| tor. wishing to vote at any election, held pur-
ant TO the proyisisns of this act who cannot read
rf,r
such electer to understand that it contains a
ma me or names written or printed thereon differ
ent from the name or names written or printed
thereon. such person shall, upon conviction
thereof be fined in any sum not less than fifty
nor more than FIVE hundred dollars.


How Soldiers may Vote.


See (. On the day fixed by law for holding the
State election, and also for choosing Electors of
President and Vice President of the United States,
for the year A. d. eighteen hundred and sixty -four,
and for every general election thereafter, during
| the war in which the National Government is now
engaged, ballot box or other suitable receptacle
for votes, shall be opened, and votes received from
the electors whose names upon said list, at each
place where regiment, detachment of regiment,
battalion squadron, or battery Of California SOL
diers in the service of the United States may be
that day at which time and place the electors be-
longing to such regiment, detachment, squadron,
or battery shall be entitled to vote for the following
named officers, viz


Firsr-For members of the Legislatures


Second-For members of Congress;


Tnird-For Presidential Electors and for which,
by of their residence in the several counties
and districts of this State, they authorized to
vote, as fully they would be authorized to vote
at elections in the several counties districts in
which they reside and the vote so given by,such
electors at such time and place shall he considered,
taken, and held 10 have been given by them in the
respective counties of which they are residents.
Such ballot box or other receptacle for votes shall
be opened and such received under the super
visi and charge of the three highest senior off,
squadron. battery in which shall be deposited by


said electors ballots for all officers for whom, under
the provisions of this Act they are entitled to
vote, which ballots shall have the name and
Office OF the persons voted for fairly written or
printed on one piece OF paper. The name sof
each elector voting aforesaid shall be check
ed al the time OF voting b. one Of the officers
having charge of the ballot box as aforesaid,
upon the list furnished, and the officers receiv-
| ing said votes shall exercise due care and dill
gence to prevent any soldier voting by mistake
! for any officer except such as be is entitled to
vote for bat no officer shall open or examine
any ballot before the SAME shall be deposited in
the ballot box. Said election shall be opened, if
practicable, at nine o'clock in the morning of
said day, or if not then, at such hour in said
day as may be agreed upon by the officers whose
| duty it is to open the same and shall remain
omen q sufficient length of time to enable the