Year: 1863

upon cOru OF tnreaQ oy tne Inspector curing
the counting 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 i; is attached, shall be sealed up by the
Inspector in presence of the Judges and Clerks
/ andindorsed Election Returns" and be d.
! rected and delivered or sent by the Inspector to


the County Clerk of the county IN which the
I 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, be may appear the day appointed for the


Board of Supervisors to open the returns, and
demand recount of the vote of said precinct,
and the Board of Supervisors shall proceed to
recount the vote ofthe precinct that is claim
ed to have been incorrectly counted.


Sec. 36. 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 tie
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 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, (naming him.
/ Ofhe Penalties for Misconduct at Elections, and
| for Violation Of Certain Provisions Of his 4et-
! Sec. 9S. If any 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 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 not exceeding five hundred
dollars.


Sec. 80. Ifany person shall furnish any cleo
tor. wishing to vote at any election, held pur-
ant to the provisisns of this act who cannot read
with ticket, such person informing or giving
such elector to understand that it contains n
name 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 1868.


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 nre upon said list at each place where a
regiment, detachment of regiment, a battalion,
squadron, 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
reason of their residence in the several counties
Of this State they are authorized to vote, as
| fully = ha lad o1a
tions in the several counties and districts in
which they reside, and the votes so given by
Such electors al such time and place. shall be
considered, taken, and held to 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
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 aforesaid,
upon the list furnished, and the officers recev-
ing said votes shall exercise due care and dill
gence to prevent any soldier voting by mistake
for any officer except such rs 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 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 lime to enable the
electors belonging to said regiment. detachment,
battalion squadron, or battery, to vote, md 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
mandipg officer shall also make out and
tiv 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. +. 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. who shall make false or fraudu-


eutreturn of such votes and any officer who shall
| by command. threats, or promises of any ad-
vantage or preferment, 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 endeavor to prevent or
induce any soldier to refrain from voting for
any particular candidate or 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 offsnse
shall be commenced, and any act so committed
shall be considered, taken. and held to have
been committed By such officer within the iur-
iSdiction of this State, and such officer shall be
liable to be prosecuted for such offense before
any Justice of the Peace in any county of this
| State at any time within one year after such
officer shah return to reside in this State and
/ If salts factory 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
/ immediately to cause such evidence to be
transmits to the President of the United States


with the most urgent solicitations that the COM
mission OF such officer be revoked, and his
name stricken from the army roll