Year: 1868

PRIMARY ELECTION LAW.
I'm .fct to protect the Elections Of voluntary


political associations, and to punnish


frauds thereon.


IApproved March 26, 1861


The People of the State of California,
represented in Senate and assembly, do en-
act as .tolio,Cs:


SECTION l. All elections hereafter to be
holden by any voluntary political associa-
tion or party in this State, for any delegates
or managing committee, or for the nomina-
tion of candidates for public Office, may be
called or ordered by published notice, which
shall state the purpose, time, manner, condi-
tions, together with the place or places Of
holding such elections; also the authority
by which the call or notice is published, and
the person shall be named therein who is to
supervise or preside at each poll where such
election is to be holden and the said person
cinct, ward. or election district for which he
is named. Said notice shall likewise declare
the qualifications of the persons to vote at
such elections prouided, that such prescrib-
ed qualifications shall not be inconsistent
with those expressed in this Act.


Sec 2. The notice required by section one
of this Act shall be published in some news
paper or papers printed in the district, ward,
precinct, township, city, or county, for
which the election is called, and shall be
posted in at least three public places in the
polling precincts of such election at least
five days prior thereto pr0uidiag, if there
be no newspaper published in the district or
county, then the newspaper publication may
be omitted.


Sec. 3. The person named as Supervisor
in the notice required by section one of this
Act, or any person, in his absence or refusal
to serve, assuming or chosen to be such Su-
pervisor of the election aforesaid, shall first
be sworn by some officer authorized to ad-
minister oaths, or by some resident freehold
er and legally qualified voter of the precinct
ward, or district, in presence of at least two
witnesses of like qualifications, that he is a
legal voter of the precinct, ward, or district,
in which such election is to be held and that
he will correctly and faithfully conduct such
election, protect it against all fraud and un-
fairness, carefully and truly canvass and re-
port all votes cast thereat in such manner as
may be required by the authority appointing
the election, and he shall appoint such as
sistants as shall be necessary to receive and
take account of the votes cast prouided,
that such assistants shall be reputable citi-
zens and legally qualified electors of the
township, precinct, ward, or district, as the
case may be. And any violation of the pro-
visions of this section shall be deemed a mis-
demeanor, and shall, on conviction, subject
the offender to punishment by fine, not less
than fifty nor more than FIVE hundred dollars,
or by imprisonment in the county Jail not
more than six months, or by both such fine
and Imprisonment.


SEC. 4. 1t shall be the duty of the Super
visor OF such election to entertain objections
made by any qualified elector under said
published call or notice to any vote that may
be offered, on the ground that the person of
fering it is not entitled to vote under the
terms of the said call for the said election,
or that he is not citizen of the United
States, legal resident and voter of the
election precinct, ward, township. or district,
or that he has voted before at that place or
some other on that day in the same election !;
and it shall be the duty of such Supervisor,
ifsuch objection be not Withdrawn, to admin
lister to the person so offering to vote an oath
or affirmation to the general effect that he
will truly testify as to all matters relating to
his said qualifications under said published
call, his residence, citizenship of the United
States, and whether he has voted at that or
other place on that day at such election. 1t
shall then be the duty of the Supervisor to
lnterrogate the person SO objected 10 as to
all the matters in particular upon which such
objection was made, and generally as to all
OF said qualifications. If the person so OBJ
jected to shall refuse to answer such uues-
tions after said oath shall have been admin
lssered. it shall be the duty of the Supervisor
to reject such vote. But if such oath be taken
and such questions be answered satisfactori-
ly. it shall be the duty of the Supervisor to
admit the vote SWORD to be qualified accord
ing to the terms of the call and the provis-
ions of this Act. And any violation of the
provisions of this section by the Supervisor
shall be deemed a misdemeanor, and shall,
on conviction, subject him to punishment as
prescribed in section three of this Act. And
any person who shall, upon taking such
oath and under the examination herein eu-
thorized, wilfully make false statement to
a matter pertinent and material in such ex-
animation, shall be deemed guilty Of the
crime of perjury and. on conviction, be pun
ished as prescribed by law.


SEC. 5. Any personswbo is not citizen
OF the United States and qualified to vote in
the county wherein the election is held at
the next coming State, county, OF municipal
election, who shall vote at an election held
under the provisions of this Act after objec-
lions made as specified in section four, or
any person who shall vote more than once
at the same or different precincts or polls on
the same day and in the same election,
whether such objection be made or not, shall
be deemed guilty of a misdemeanor, and on
conviction thereof, shall be punished as pro-
vided in section three of this Act.


Sec. 6. Any voluntary political association
or party that shall elect to invoke the pro-
lection and subject itself to the provisions
of this Act, shall at the time of the publica-
tion of notice there provided for in section
one, declare that such election therein called
will be held in pursuance Of and subject to
the provisions of this Act, under the title
of the Primary Election Law and in the
event such notice last aforesaid shall be pub
lished, and not otherwise, the provisions of
this Act shall be applicable and in force in
respect to such election.


Sec. 7. This Act shall take effect and be in
force from and after its passage, and no ex-
pense shall be incurred to the county or
State in the conduct of elections under its
provisions.


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