county clerk in matters relating to elections; provided, however, that in all counties and cities and counties in this state having a registrar of voters, but no board of election commissioners, other than the board of supervisors acting as such ex officio, the powers and duties imposed by this code or the laws of this state upon county clerks in relation to matters of election and polling-places, shall be exercised and performed by such registrar of voters, and all certificates of nomination, nomination papers and election papers required by this code or by law to be filed with or presented to the county clerk shall be filed with or presented to the registrar of voters and the deputies or clerks in the office of registrar of voters shall have all the powers of the deputies of the county clerk in matters relating to elections. [Amendment approved 1915; Stats. 1915, p. 1364.] Legislation § 1216. 1. Added by Stats. 1891, p. 178. 2. Amended by Stats. 1911, p. 1445. 3. Amended by Stats. 1915, p. 1364. § 1232. § 1233. Record that person has voted, how kept. Grounds for challenging voters. Proceedings on challenge for non-residence in state. Proceedings on challenge for non-residence in precinct. § 1234. § 1237. Challenges, how determined. Challenge on the ground that he is not the person whose name If person refuses to be sworn, vote to be rejected. § 1238. § 1239. § 1240. Term of residence, how computed. § 1241. § 1242. § 1243. Rules must be read, if requested. Proceedings upon determination of challenge. [Repealed.] § 1224. Voting, when to commence and continue. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain open. Legislation § 1224. Enacted March 12, 1872. § 1225. Manner of voting. The person offering to vote must hand his ballot to the inspector, or to one of the judges acting as inspector, and announce his name and the number affixed to it on the register in use at the precinct where he offers his vote; provided, that in incorporated cities and towns the said person shall also give the name of the street, avenue, or location of his residence, and the number thereof, if it be numbered, or such clear and definite description of the place of such residence as shall definitely fix the same. [Amendment approved 1878; Code Amdts. 1877-78, p. 26.] 7 Register in use: 1. Printed copies to be posted: Ante, § 1149. 2. Copies not to be torn or defaced: Ante, § 1150. Manner of voting: See ante, §§ 1204, 1205; post, §§ 1226, 1227. Legislation § 1225. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1875-76, p. 26. 3. By Code Amdts. 1877-78, p. 26. §1226. Announcement of voter's name, etc. The inspector, or judge aeting as such, must receive the ballot, and before depositing it in the ballot box, must, in an audible tone of voice, announce the name and register number; provided, that in incorporated towns and cities the said inspector, or judge acting as such, shall also announce the residence of the person voting, and the same shall be recorded on the poll-list by the peli clerk. [Amendment approved 1878; Code Amdts. 1877-78, p. 26.] in Manner of voting: See ante, §§ 1204, 1205, 1206; post, § 1227. §1227. Placing ballot in box. If the name be found on the register ase at the precinct where the vote is offered, and the vote is not reeeted upon a challenge taken, the inspector, or judge acting as such, must, in the presence of the board of election, place the ballot, without opening or examining the same, in the ballot-box; and no person shall be allowed to vote whose name is not on said register in use at the precinet. [Amendment approved 1878; Code Amdts. 1877-78, p. 26.] Certified copy of register, prima facie evidence: See ante, § 1117. Challenge: See post, §§ 1230 et seq. Manner of voting: See ante, §§ 1204, 1205, 1225, 1226. Legislation § 1227. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 26. 3. By Code Amdts. 1877–78, p. 26. §1228. Record that person has voted, how kept. When the ballot as been placed in the box one of the judges must write the word Veted" opposite the number of the person on the printed copy of the register. [Amendment approved 1880; Code Amdts. 1880, p. 80.] Legislation § 1228. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1877-78, p. 27. 3. By Code Amdts. 1880, p. 80. §1229. Same. Each clerk must keep a list of persons voting, and the Tame of each person who votes must be entered thereon and numbered in the order of voting. Offcial entry as prima facie evidence of facts stated therein: Code Civ. Proc., § 1926. Legislation § 1229. Enacted March 12, 1872. §1230. Grounds for challenging voters. A person offering to vote may be orally challenged by any 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 reg ister. 2. That he or she has not resided within the state one year next prereding 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 cannot 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. [Amendment approved 1913; Stats. 1913, p. 225.] List of challenges to be kept: Post, § 1243. Subd. 1. Identity: See post, §§ 1231, 1236, subd. 1, and § 1237. 1. Proceedings on challenge for non-residence, etc.: See post, §§ 1232-1237. 2. Residence for voting purposes, rules for determining place of: Post, § 1239. Subd. 3. Naturalization for ninety days: See ante, § 1083. Subd. 4. Ninety days' residence in county: See ante, § 1083; post, §§ 1233, 1237. Subd. 6. Previous voting: See post, §§ 1234, 1236, subd. 2. Subd. 7. Conviction for infamous crime: See ante, § 1084; post, §§ 1235, 1237. Subd. 8. Conviction for embezzlement, etc.: See ante, § 1084; post, §§ 1235, 1237. Legislation § 1230. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 80. 3. By Stats. 1913, p. 225. § 1231. Proceedings on challenge for want of identity. If the challenge is on the ground that he is not the person whose name appears on the great register, the inspector must tender him the following oath: "You do swear (or affirm) that you are the person whose name is entered on the great register." Taking oath tendered determines challenge in favor of party challenged: Post, § 1236, subd. 1. Necessity of taking oath: Post, § 1237. Refusal to take oath bars vote: Post, § 1238. See also Pen. Code, § 43. Challenge for want of identity: See post, § 1236. § 1232. Proceedings on challenge for non-residence in state. If the challenge is on the ground that he has not resided in the state for one year 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. 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? 4. Did you, while absent, regard this state as your home? 5. Did you, while absent, vote in any other state? And such other questions as may be necessary to a determination of the challenge. [Amendment approved 1880; Code Amdts. 1880, p. 81.] Before administering oaths, rules may be read: Post, § 1241. Refusal to be sworn or to answer questions: 1. Is misdemeanor: Pen. Code, § 43. 2. And bars vote: Post, § 1238. Place of residence of elector, rules for determining: Post, § 1239. Challenge tried and determined by board of election at time of challenge: Post, § 1237. Proceedings after determination of challenge: Post, § 1242. Legislation § 1232. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 81. § 1233. Proceedings on challenge for nonresidence in precinct. If the challenge is on the ground that he has not 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? 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. [Amendment approved 1880; Code Amdts. 1880, p. 81.] Legislation § 1233. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 81. §1234. Proceedings on challenge for having before voted. If the challenge is on the ground that the person challenged has before voted that day, the inspector must tender to the person challenged this oath: "You do swear (or affirm) that you have not before voted this day." Taking oath tendered defeats challenge: Post, § 1236, subd. 2. Refusal to take oath bars vote: Post, § 1238. Voting more than once, or fraudulently, is felony: Pen, Code, § 45. Attempt to vote more than once, or fraudulently, felony: Pen, Code, § 46. Legislation § 1234. Enacted March 12, 1872. §1235. Test on challenge. If the challenge is on the ground that the person challenged has been convicted of an infamous crime, or that he or she has been convicted of the embezzlement or misappropriation of public money, he or she must not be questioned, but the fact may be proved by the production of an authenticated copy of the record, or by the oral testimony of two witnesses. If the challenge is on the ground that the person challenged cannot read as required by the constitution, and it does not appear by the statement in the affidavit of registration that said person is entitled to vote notwithstanding such inability, the challenge shall be determined by the board by the inspection of the said affidavit, and by requiring the person offering to vote (if it does not appear from said affidavit that the person is entitled to vote notwithstanding such inability) to read any consecutive one hundred words of the constitution of the state selected by the judges. [Amendment approved 1913; Stats. 1913, p. 225.] Legislation § 1235. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 81. 3. By Stats. 1913, p. 225. § 1236. Challenges, how determined. Challenges upon the grounds either: 1. That the person challenged is not the person whose name appears on the great register; 2. That the party has before voted on that day; -Are determined in favor of the party challenged by his taking the oath tendered. Challenge for want of identity. See ante, § 1231. § 1237. Challenge on the ground that he is not the person whose name is on the great register. If the challenge is on the ground that the person challenged is not the person whose name appears on the great register, he must take the oath tendered by the board. Challenges for causes other than those specified in the preceding section must be tried and determined by the board of election at the time of the challenge. [Amendment approved 1880; Code Amdts. 1880, p. 81.] 1. Enacted March 12, 1872. 2. Amended by Legislation § 1237. Code Amdts. 1880, p. 81. § 1238. If person refuses to be sworn, vote to be rejected. If any person challenged refuses to take the oaths tendered, or refuses to be sworn and to answer the question touching the matter of residence, he must not be allowed to vote. Refusal to be sworn or to answer questions is misdemeanor: Pen. Code, § 43. Legislation § 1238. Enacted March 12, 1872. The board of elec § 1239. Rules for determining place of residence. tion, in determining the place of residence of any person, must be gov erned by the following rules, as 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 into 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. 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 to be a |