VOID AND IMPROPERLY MARKED BALLOTS.

HOW DETERMINED AND COUNTED.

In canvassing the vote the following provisions shall be observed by the election officers:

when void.

No unauthorized mark upon a ballot shall invalidate such Ballots ballot unless it shall appear from the ballot itself that such mark was placed thereon by the voter for the purpose of Identifying identifying such ballot (Pol. Code, Sec. 1211, sub. 4).

mark.

void. Two

Nor shall it make the ballot void that two or more impres- When not sions of the voting stamp are in one voting square (Pol. Code, impressions Sec. 1211, sub. 1), but in such case the ballot shall be counted of stamp. for the candidate whose name is opposite such square.

without

Stamp

Nor shall it make the ballot void that a cross (X) is made Stamp partly partly within and partly without a voting square (Pol. Code, square. Sec. 1211, sub. 1), or that a cross (X) is made entirely outside a voting square; but such ballot shall be counted as hereinafter out square. stated.

wholly with

When not counted for

If a cross (X) is not stamped in the voting square opposite the name of a candidate printed on the ballot (Pol. Code, candidate. Sec. 1205), or if the cross in the voting square opposite such printed name is not made with the stamp provided for that purpose (Pol. Code, Sec. 1204), the ballot shall not be counted as a vote for such candidate, but the rest of the ballot shall be counted for those candidates for whom the ballot is properly marked.

counted for

If a cross (X) is not stamped wholly within the voting When square opposite a candidate's name printed on the ballot, candidate. but is stamped partly within such square and partly without, it shall be counted as a vote for such candidate if the part without the voting square is not in another voting square, but if any part of the stamp is in two voting squares it shall be counted as a vote for that candidate in whose voting square the major part of the cross is, and if it is equally in two voting squares it shall not be counted as a vote for either candidate; but the rest of the ballot shall be counted for those candidates for whom the ballot is properly marked (Pol. Code, Sec. 1211, subs. 1 and 2).

persons

than

If a voter marks more names than there are persons to be When more elected to an office, or if, for any reason, it is impossible to voted for determine the voter's choice for any office to be filled, the allowed. ballot shall not be counted for any person for such office When (Pol. Code, Sec. 1211, sub. 2), but as to all other offices the to determine ballot shall be counted for the candidates for whom it is prop- choice. erly marked.

impossible

voter's

of candidate

in by voter,

Any name written upon a ballot shall be counted for such When name name for the office under which it is written, provided it is is written written in the blank space therefor, whether or not a cross ue of stamp (X) is stamped or made with pen or pencil, in the voting or pencil square after the name so written (Pol. Code, Sec. 1211, sub. 1). material.

When voter

stamps ballot

for one candidate and writes in name of another for same office.

At primary election

under direct primary law

as amended in 1916. Votes in

If a voter stamps a cross (X) in the voting square after the name of any candidate and also writes the name of any person for the same office in the blank space, such act does not invalidate the ballot, but it shall not be counted for any person for that office, but as to all other offices the ballot must be counted for the candidates for whom it is properly marked (Pol. Code, Sec. 1211, sub. 3). If, however, more than one person is to be elected to the office in question, such acts by the voter shall not prevent the ballot being counted for such persons, provided. the number so voted for does not exceed the number to be elected, but if it does exceed that number the ballot shall not be counted for any persons for that office, but as to all other offices it must be counted for those candidates for whom it is properly marked.

At any primary election held under the Direct Primary Law as amended in 1916 (if such amendments shall become effective as hereinbefore noted), no vote shall be counted for any party candidate unless stamped or written in the columns wrong column of that party which the voter was entitled to vote; and all votes written in such column shall be counted only as cast for the nomination of such candidate as the candidate of the party whose name appears at the head of the column.

not counted for any candidate.

Counting of votes on proposition and other matters.

Enclose in sealed packages register, list of voters challenged,

one poll list, one assisted

voters list,

one tally list

and list attached thereto

and roster.

Deliver same to one member.

To determine whether a ballot has been properly marked for any proposition or other matter to be voted upon, and in what manner and to what extent an improperly marked ballot shall be counted, the board shall be governed by the provisions hereinbefore set forth.

RETURNING THE VOTE.

After canvassing the votes and before it adjourns, the board. must inclose in a cover or envelope, and seal up and direct to the County Clerk or Registrar of Voters, the book of affidavits of registration, all certificates of registration received by it, the list of the persons challenged, one of the poll lists (Pol. Code, Sec. 1261), the inspector's oath, if any, (Pol. Code, Sec. 1142), one list of assisted voters (Pol. Code, Sec. 1208), and one of the tally lists and list attached thereto (Pol. Code, Sec. 1261), and the death and removal list, if any (Pol. Code, Sec. 1106, sub. 6), and must also enclose in a cover or envelope, and seal up and direct to the same officer to whom the other sealed package is directed, the roster of voters (Pol. Code, Sec. 1264a).

These sealed packages, together with the sealed package containing the spoiled and unused ballots (Pol. Code, Sec. 1207), and the sealed package containing the voted ballots (Pol. Code, Sec. 1259), the signatures of each member of the board being written across the seal on each package, must, before the board adjourns, be delivered to one of its members, to be determined by lot, unless otherwise agreed upon by the members of the board (Pol. Code, Sec. 1263).

Post copy of

The board must also, before it adjourns, post conspicuously, Poo on the outside of the polling place, a copy of the result of the vote on votes cast at such polling place, such copy to be signed by the polling place. members of the board (Pol. Code, Sec. 1261).

cutside of

copy of

poll list,

Another copy of the result of the votes cast at such polling Transmit place shall be made out by the board and be signed by the result of vote members and be immediately transmitted unsealed, together and other with the other poll list, list of assisted voters, tally list and tally list and list attached thereto, to the County Clerk or Registrar of thereto to Voters (Pol. Code, Secs. 1261 and 1262).

list attached

county clerk. Penalty for

posted copy

return of

copy. Member to

packages.

It is a misdemeanor for any person to remove or deface removing such posted copy of the result or to delay or change the copy or delaying to be delivered to the County Clerk (Pol. Code, Sec. 1261). The member to whom such sealed packages are delivered must, without delay, deliver such packages without their deliver sealed having been opened, to the County Clerk, Registrar of Voters, nearest postmaster, or sworn express agent, who shall endorse thereon the name of the person delivering them, and date of such delivery. If delivered to a postmaster or express agent, such postmaster or express agent shall forward the packages by the first mail or express to the county seat (Pol. Code, Sec. 1264).

At municipal

lists de

At any municipal election or municipal primary election the elections member, to whom such sealed packages are entrusted, shall packages and deliver the same to the city clerk of the municipality in which livered to such election is held; and those copies and lists, which in the city clerk. case of a state or county election should be transmitted unsealed to the County Clerk or Registrar of Voters, shall be transmitted unsealed to the city clerk of such municipality.

city

Francisco,

delivered.

In the city and county of San Francisco the time of adjourn-Identy ment must be endorsed upon each poll list in ink and signed of San by a majority of the members of the board. The packages packages how shall then be put up and sealed by an inspector and at least sealed and three other members and be signed with their respective signatures across the flap of each package and upon each package there shall be endorsed in ink the time of adjournment, signed by a majority of the members of the board. One of these packages shall contain the voted ballots only; one shall contain one poll list and one tally list only; one shall contain the precinct registers, index thereto, list of voters challenged and list of assisted voters; and one package shall contain the spoiled and unused ballots. Such packages, together with the inspector's oath, if any, shall then be delivered to one of the members of the board, to be determined by lot unless otherwise agreed upon by the members of the board, and shall be by that member delivered to the Registrar of Voters within three hours from the time of adjournment of the board (Pol. Code, Sec. 1264).

Failure to

observe form prescribed.

Fraudulent voting.

Attempting

to vote

when not qualified.

Procuring illegal voting.

Changing ballots or altering

returns by election

officers,

felonies.

No list, tally, paper, or certificate returned from any election must be set aside or rejected for want of form, nor on account of its not being strictly in accordance with the directions prescribed if it can be satisfactorily understood (Pol. Code, Sec. 1175).

ADDITIONAL PENALTIES.

Every person not entitled to vote who fraudulently votes, and every person who votes more than once at any one election, or knowingly hands in two or more tickets, folded together, or changes any ballot after the same has been deposited in the ballot box, or adds, or attempts to add, any ballot to those legally polled at any election, by fraudulently introducing the same into the ballot box either before or after the ballots therein have been counted; or adds to, or mixes with, or attempts to add to or mix with, the ballots lawfully polled, other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election; or carries away or destroys, or attempts to carry away or destroy, any poll lists, or ballots, or ballet box, for the purpose of breaking up or invalidating such election, or willfully detains, mutilates, or destroys any election returns, or in any manner so interferes with the officers holding such election or conducting such canvass, or with the voters lawfully exercising their rights of voting at such election, as to prevent such election or canvass from being fairly held and lawfully conducted, is guilty of a felony (Pen. Code, Sec. 45).

Every person not entitled to vote, who fraudulently attempts to vote, or who, being entitled to vote, attempts to vote more than once at any election, or who personates, or attempts to personate, a person legally entitled to vote, is punishable by imprisonment in the state prison for not less than one nor more than two years (Pen. Code, Sec. 46).

Every person who procures, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vcte, or who aids or abets in the commission of any of the offenses mentioned in the preceding section, is punishable by imprisonment in the state prison not exceeding two years (Pen. Code, Sec. 47).

Every officer or clerk of election who aids in changing or destroying any poll list, or in placing any ballots in the ballot box, or taking any therefrom, or adds or attempts to add, any ballots to those legally polled at such election, either by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted, or adds to or mixes with, or attempts to add to or mix with the ballots polled any other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election, or allows another to do so, when in his power to prevent it, or carries away or destroys, or knowingly allows another

to carry away or destroy any poll list, ballot box, or ballots lawfully polled, is punishable by imprisonment in the state prison for not less than two nor more than seven years (Pen. Code, Sec. 48).

Officers of

unfolding or

Every inspector, judge, or clerk of an election who, pre- election viously to putting the ballot of an elector in the ballot box, min attempts to find out any name on such ballot, or who opens or ballots. suffers the folded ballot of any elector which has been handed in, to be opened or examined previously to putting the same into the ballot box, or who makes or places any mark or device on any folded ballot with a view to ascertain the name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such inspector, judge, or clerk has fraudulently or illegally discovered to have been voted for by such elector, is punishable by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than six months, or by both such fine and imprisonment (Pen. Code, Sec. 49).

altering

Every person who forges or counterfeits returns of an elec- Forging or tion purporting to have been held at a precinct, town, or ward returns. where no election was in fact held, or wilfully substitutes forged or counterfeit returns of election in the place of true returns for a precinct, town, or ward where an election was actually held, is punishable by imprisonment in the state prison for a term not less than two nor more than seven years (Pen. Code, Sec. 50).

subtracting

cast.

Every person who wilfully adds to, or subtracts from, the Adding to or votes actually cast at an election, in any official or unofficial from votes returns, or who alters such returns, is punishable by imprisonment in the state prison for not less than one nor more than five years (Pen. Code, Sec. 51).

any

aiding and

concealing

Every person who aids or abets in the commission of Persons. of the offenses mentioned in the four preceding sections, is abetting or punishable by imprisonment in the county jail for the period guilty of of six months, or in the state prison not exceeding two years felony. (Pen. Code, Sec. 52).

corrupting,

defrauding

felony.

Every person who, by force, threats, menaces, bribery, or Intimidating, any corrupt means, either directly or indirectly, attempts to deceiving, or influence any elector in giving his vote, or to deter him from electors, a giving the same; or attempts by any means whatever to awe, restrain, hinder, or disturb, any elector in the exercise of the right of suffrage, or furnishes any elector wishing to vote, who can not read, with a ticket, informing or giving such elector to understand, that it contains a name, written or printed thereon, different from the name which is written or printed thereon, or defrauds any elector at any such election by deceiving and causing such elector to vote for a different person for any office than he intended or desired to vote for; or who, being inspector, judge, or clerk of any election, while acting