Year: 1863




upon a cord or thread by the Inspector during
the counting ofithe 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 it is attached, shall be sealed up By the
Inspector in presence of the Judges and Clerks.
and indorsed Election Returns" and be d.
| rected and delivered or sent by the Inspector to
the County Clerk of the county 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. SO. The said package shall be delivered
to the County Clerk by oae of the Judges or
Clerks of the election in person, 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 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. Ifsent by mail, it 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.
Of The Penalties for Misconduct at Elections, and


for Violation Of Certain Provisions Of this Ict


Sec. SO. If any person shall, directly or in
directly any threats, menace or force, or
any corrupt means or device, at, or previous to,
any election held persuant to this towards any
elector, to hinder or deter him from voting at
such election or shall attempt by any means
whatever, to awe, restrain, hinder, or disturb
any elector in the free exercise of the right of
suffrage, he shall upon conviction thereof be
fined in any sum not exceeding Eve hundred
dollars.


Sec. 80. Ifany person shall furnish any elec-
tor. wishing to vote at any election, held pnr-
ant to the provisisns of this act who cannot read
with ticket, such person informing or giving
such elector to understand that it contains a
name 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 Volunteers may Vote in accordance


with the Law of 1863.


Sec. 4. On the day fixed by law for holding
the State election for the year A. D. eighteen
hundred and sixty three, ballot box, or other
suitable receptacle for votes, shall be opened,
and votes received from the electors whose
names are npon said list at each place where a
regiment, detachment of regiment, a battalion,
squadron or battery of California soldiers in the
service of the United States may be on that day,
at which time and place the electors whose
names are upon said list belonging to such reg
iment, detachment, squadron, or battery shall be
entitled to vote for all officers for which, by
res of heir in tbo
of this State, they are authorized to vote as
fully as they would be entitled to vote at cleo
tions in the several counties and districts in
which they reside, and the votes so given by
snch electors at such time and place, shall be
considered, taken, and held to have been given
by them in the respective counties of which
they residents. Such ballot box, or other
receptacle for votes, shall be opened and such
votes received under the supervision and charge
OF the three highest or Senior officers in COM
mand of such regiment, detachment, squadron,
or 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 of
each elector voting as aforesaid shall be check
ed at the time of voting by 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 and dill
gence to prevent any soldier voting by mistake
for any officer except such as he 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 box shall be opened, if
practicable at hine 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
open sufficient length of time to enable the
electors belonging to said regiment, detachment,
battalion, squadron, or battery, to vote, and one
hours notice shall be publicly given by the
commanding officers before closing said DO
and when said box shall have been closed the
votes shall be, as soon as possible thereafter,
counted by the officers having charge of said
ballot box, or persons BY them appointed


Returns to be made to Secretary of State


Sec. 5. When such shall have been counted,
all the ballots cast, together with voting list,
checked as aforesaid, shall be sealed up by the
commanding officer and be by him forthwith
transmitted, by mail or otherwise, to the Sec
retary of State at Sacramento, and said COM
manding officer shall also make out and Ger
tify duplicate returns of votes given, accor-
ding TO the forms hereinafter prescribed, seal
up, and forthwith transmit the same by separ-
ate conveyances to the Secretary of State at
Sacramento.


Violations Of Act. Penalties.


| Sec. 7. ANY commanding officer who shall
| neglect or refuse to make such returns of votes
as is provided in the fifth and sixth sections of
this Act, or who shall make false or fraudu-
eut return of such votes and any officer who shall
| by command, threats, or promises of any ad-
vantage or prefermant, or in any other improp-
er manner, endeavor to control or influence the
vote of any soldier under his command or con-
! troll, or in like manner endeavSr to prevent or
| induce any soldier to refrain from voting for
any particular candidate candidates for whom
such soldier has right to vote as provided by
this Act, such officer shall forfeit, for every
such ofense, the sum of two hundred dollars,
one half to him who shall prosecute to effect,
and The other half to the Treasury of the
county in which prosecution tor said offrnse
shall be commenced, and any act SO committed
shall be considered, taken, and held to have
been committed by such officer within the jur-
isdietion of his State, and such officer shall be
liable to be prosecuted for such o.fense before
any Justice Of the Peace in any county of this
State at any time within year after such
officer shall return to reside in this State; and
if satisfactory evidence shall be presented to
the Governor of this State that any officer has
| been guilty of any Of the offences specified in
! this Act, it shall be the duty of the Governor