CHALLENGE. Grounds of A person offering to vote may be orally challenged by any challenge. elector of the county upon either or all of the following grounds: (1) That he or she is not the person whose name appears on the register. (2) That he or she has not resided within the State one year next preceding the election. (3) That he or she has not been a naturalized citizen of the United States for ninety days prior to the election. (4) That he or she has not resided within the county for ninety days preceding the election. (5) That he or she has not resided within the precinct for thirty days next preceding the election. (6) That he or she has before voted that day. (7) That he or she has been convicted of an infamous crime. (8) That he or she has been convicted of the embezzlement or misappropriation of public money. (9) That he or she can not read as required by the constitution, and does not appear by statement in the affidavit of registration to be entitled to vote notwithstanding such inability (Pol. Code, Sec. 1230). If the challenge is on the ground that the person challenged is not the person whose name appears on the register he must take the following oath which must be tendered him by the inspector: "You do swear (or affirm) that you are the person whose name is entered on the Great Register" (Pol. Code, Secs. 1231 and 1237). Challenge on being dif ground of ferent person from one named on register. ground of Rules for When the challenge is on the ground of nonresidence, before Challenge on administering an oath to a person touching his place of resi- nonresidence. dence, the inspector must, if requested by any person, read to determining the person challenged the rules prescribed by sections 1238 residence and 1239 of the Political Code and hereinafter stated (Pol. read, if Code, Sec. 1241). must be requested. ground of If the challenge is upon the ground that the elector has not Challenge on resided in the State for one year next preceding the election, nonresidence the person challenged must be sworn to answer questions, and in State after he is sworn the following questions must be propounded to him by the inspector: (1) Have you resided in this State for one year immediately preceding this election? (2) Have you been absent from this State within one year immediately preceding this election? If yes, then, (3) When you left, did you leave for a temporary purpose, with the design of returning, or for the purpose of remaining away? one year. Challenge on ground of in county or precinct for (4) Did you, while absent, regard this State as your home? (5) Did you, while absent, vote in any other state? And such further questions as may be necessary to a determination of the challenge. (Pol. Code, Sec. 1232.) If the challenge is on the ground that the elector has not nonresidence resided in the county for ninety days, or precinct for thirty days next preceding the election, the person challenged must be sworn to answer questions, and after he is sworn the following questions must be propounded to him by the inspector: (1) When did you last come into this county or election precinct? required time. Rules for determining residence. (2) When you came into this county or precinct did you come for a temporary purpose merely, or for the purpose of making it your home? (3) Did you come into this county or precinct for the purpose of voting here? And such other questions as may be necessary to a determination of the challenge (Pol. Code, Sec. 1233). The board of election, in determining the place of residence of any person, must be governed by the following rules, so far as they are applicable: (1) That place must be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning; (2) A person must not be held to have gained or lost residence by reason of his presence or absence from a place while employed in the service of the United States, or of this State, nor while engaged in navigation, nor while a student at any institution of learning, nor while kept in an almshouse, asylum, or prison; (3) A person must not be considered to have lost his residence who leaves his home to go to another state, or precinct in this State, for temporary purposes merely, with the intention of returning; (4) A person must not be considered to have gained a residence in any precinct into which he comes for temporary purposes merely, without the intention of making. such precinct his home. * * * * (5) If a person remove to another state with the intention of making it his residence, he loses his residence in this State; (6) If a person remove to another state with the intention of remaining there for an indefinite time, and as a place of present residence, he loses his residence in this State, notwithstanding he entertains an intention of returning at some future period; (7) The place where a man's family resides must be held to be his residence; but if it be a place for temporary establishment for his family, or for transient objects, it is otherwise; (8) If a man has a family fixed in one place, and he does business in another, the former must be considered his place of residence; but any man having a family, and who has taken up his abode with the intention of remaining, and whose family does not so reside with him, must be regarded as a resident where he has so taken up his abode; (9) The mere intention to acquire a new residence, without the fact of removal, avails nothing, neither does. the fact of removal, without the intention. (Pol. Code, Sec. 1239.) NOTE. The second sentence in subdivision 4 of section 1239 of the Political Code to the effect that any person registered in one precinct and removing therefrom to another precinct in the same county within thirty days of an election, shall be deemed a resident of the precinct from which he so removed until after such election, has been held by the Supreme Court to be unconstitutional and is therefore omitted above. The election officers will therefore disregard that provision in that subdivision of the section and if the person in question has removed from the precinct in which he was registered to another precinct in the same county within thirty days of the election, he shall be denied the right to vote. residence; The term of residence must be computed by including the Term of day on which the person's residence commenced and by exclud- how ing the day of the election (Pol. Code, Sec. 1240). computed. of persons to Any election officer who has received from the county clerk Certified list or registrar of voters a certified list of persons to be challenged be challenged shall challenge any such persons offering to vote, upon the grounds applicable according to said list (Pol. Code, Sec. 1094). registration. A certified copy of an uncancelled affidavit of registration is Certificate of prima facie evidence that the person named in the entry is an elector of the county (Pol. Code, Sec. 1117). ground of If the challenge is on the ground that the person challenged Challenge on has before voted that day, the inspector must tender the person previous challenged this oath: "You do swear (or affirm) that you have not before voted this day." (Pol. Code, Sec. 1234.) voting. ground of of crime. If the challenge is on the ground that the person challenged Challenge on has been convicted of an infamous crime, or of the embezzle- conviction ment or misappropriation of public money, he must not be questioned, but the fact may be proved by the production of an authenticated copy of the record or by oral testimony of two witnesses (Pol. Code, Sec. 1235). The term "infamous crime" is hereinbefore defined in note 8 under the heading of "Qualifications of Voters." Challenge on ground of want of educational qualifications. Challenges on grounds of identity of person, or previous voting determined by oath. Challenges on other grounds determined by board. Person refusing to be sworn to be denied vote. Person refusing to be sworn relative to another's right to vote guilty of misdemeanor. Grounds of challenge at primary elections held under direct primary law of 1913. Grounds of challenge at primary elections held under direct primary law in 1916. If the challenge is on the ground that the person challenged can not read, as required by the constitution, and it does not appear by the statement in the affidavit of registration that he is entitled to vote notwithstanding such inability, the challenge shall be determined by the board by inspecting said affidavit, and by requiring him to read any consecutive one hundred words of the constitution of this State selected by the judges (Pol. Code, Sec. 1235). Challenges upon the grounds that: (1) The person challenged is not the person whose name appears on the Great Register; or (2) The party has before voted that day; shall be determined in favor of the party challenged by his taking the oath tendered (Pol. Code, Sec. 1236). Challenges for causes other than those specified in the last paragraph (Sec. 1236) must be tried and determined by the board of election at the time of challenge (Pol. Code, Sec. 1237). If any person challenged refuses to take the oaths tendered, or refuses to be sworn and to answer the questions touching the matter of residence, he must not be allowed to vote (Pol. Code, Sec. 1238). Every person who, after being required by the board of judges at any election, refuses to be sworn, or, being sworn, refuses to answer any pertinent question, propounded by such board, pertinent to the right of another to vote, is guilty of a misdemeanor (Pen. Code, Sec. 43). At any election held under the Direct Primary Law of 1913, any elector offering to vote may be challenged by any elector of the city, city and county, or county, where such election is being held, upon either or all of the grounds specified in section 1230 of the Political Code, hereinabove stated, but his right to vote the primary election ticket of the political party designated in his affidavit of registration, or his right to vote the nonpartisan primary ticket, if no such party is so designated, shall not be challenged on any ground or subject to any test other than those provided by the constitution of this State and section 1230 of the Political Code (Direct Primary Law, Secs. 16 and 17). At any primary election held under the Direct Primary Law as amended January 11, 1916 (if such law as so amended shall become effective on April 11, 1916), any elector offering to vote may be challenged by any elector of the city, city and as amended county, or county, in which such election is being held, upon either or all of the grounds specified in section 1230 of the Political Code, but his right to vote the primary election ticket of the political party, with which, on receiving his ballot, he declares his intention to affiliate, shall not be challenged on any ground or subject to any tests other than those prescribed by the constitution and section 1230 of the Political Code, except on the ground of his having previously declared his intention to affiliate with another political party at such primary election, such declaration having been expressed in the nomination paper of a candidate of such other party which he signed (Direct Primary Law, Sec. 16, as amended January 11, 1916). NOTE. As to whether this provision last noted shall be operative, see note hereinabove in this digest with respect to the amendments to Direct Primary Law passed in 1916. challenge at primary to direct become If the act of January 11, 1916, amending the Direct Primary Grounds of Law, shall become effective, at any presidential primary elec- presidential tion held thereafter the grounds of challenge shall be those election if specified in the case of a primary election held under that law amendments as so amended, except that the person offering to vote and who primary law is otherwise qualified, shall be entitled to vote the ballot of that effective. party with which he then declares it to be his intention to affiliate at the then ensuing November election, provided he has not previously signed the nomination paper of a candidate of another political party and declared therein his intention to affiliate with such other political party at such presidential primary election (Pres. Prim. Act, Sec. 9; Direct Prim. Law, as amended in 1916, Sec. 16). challenge at primary to direct do not If the act of January 11, 1916, amending the Direct Primary Grounds of Law, does not become effective, at any presidential primary presidential election held hereafter the grounds of challenge shall be those election if specified in the case of a primary election held under the Direct amendments Primary Law of 1913, except that the person offering to vote, primary law and who is otherwise qualified, shall be entitled to vote the become ballot of that party with which he then declares it to be his effective. intention to affiliate at the then ensuing November election (Pres. Prim. Act, Sec. 9; Direct Prim. Law of 1913, Sec. 16). The board must cause one of the clerks to keep a list List of showing: (1) The names of all persons challenged. (3) The determination of the board upon the challenge (Pol. Code, Sec. 1243). This list shall be signed by the members of the board after the polls are closed and returned to the county clerk or other proper official with the affidavits of registration as hereinafter stated (Pol. Code, Sec. 1264). GENERAL PROVISIONS RELATING TO DUTIES OF OF ELECTION. challenges to be kept by clerk. assisted. When it appears from an affidavit of registration that an Voters elector has declared under oath, when he registered, that he How. can not read, or that by reason of physical disability he is unable to mark his ballot, he shall, upon request receive the assistance of two of the officers of election in the marking |