resident of the precinct from which he so removed until after such election;

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 have 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. [Amendment approved 1915; Stats. 1915, p. 859.].

Questions as to residence: Ante, §§ 1232, 1233.

Rules for determining place of residence generally: Compare ante, § 52.

Term of residence, how computed: Post, § 1240.

Subd. 2. Constitutional basis: See Const., art. II, § 4.

Legislation § 1239. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 26. 3. By Stats. 1897, p. 191. 4. By Stats. 1915, p. 859.

§ 1240. Term of residence, how computed. The term of residence must be computed by including the day on which the person's residence commenced, and by excluding the day of the election.

Legislation § 1240. Enacted March 12, 1872.

§ 1241. Rules must be read, if requested. Before administering an oath to a person touching his place of residence, the inspector must, if requested by any person, read to the person challenged the rules prescribed by sections twelve hundred and thirty-eight and twelve hundred and thirty-nine.

Oath touching place of residence: Ante, §§ 1232, 1233.

Legislation § 1241. Enacted March 12, 1872.

§ 1242. Proceedings upon determination of challenge. [Repealed 1913; Stats. 1913, p. 76.]

Legislation § 1242. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1913, p. 76.

§1243. List of challenges to be kept. The board must cause one of the clerks to keep a list, showing:

1. The names of all persons challenged;

2. The grounds of such challenges;

3. The determination of the board upon the challenge.

Legislation § 1243. Enacted March 12, 1872.

§ 1263.

[Repealed.]

Ballots, destruction of number in excess of names on lists.
Same.

Counting the votes.

Tally of votes.

Tickets to be strung and inclosed in sealed envelopes.

Return-list.

Certain papers to be sealed up.

Tally-lists, etc., on inspection.

Returns and ballots to be delivered to a member of the board.

§ 1264. To whom ballots to be delivered. How sealed.

§ 1264a.

§ 1265.

§ 1266.

§ 1267.

Delivery and custody of roster of voters after election. To apply to all elections.

Clerk to keep ballots unopened.

When package containing ballots may be destroyed. When opened.

Returns to be delivered by clerk to supervisors.

§ 1268. Copy of register to be filed in county clerk's office.

§ 1252. Canvass to be public, and without adjournment. As soon as the polls are finally closed the judges must immediately proceed to canvass the votes given at such election. The canvass must be public, in the presence of bystanders, and must be continued without adjournment until completed and the result thereof is declared.

Legislation § 1252. Enacted March 12, 1872.

§ 1253. Canvass, how commenced. [Repealed 1915; Stats. 1915, p. 296.] List of voters: Ante, § 1229.

Legislation § 1253. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 28. 3. Repealed by Stats. 1915, p. 296.

§ 1254. Ballots folded together. If two or more separate ballots are found so folded together as to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed; then, if upon a comparison of the count with the number of names of electors on the lists which have been kept by the clerks, it appears that the two ballots thus folded together were cast by one elector, they must be rejected. Amendment approved 1874; Code Amdts 1873-74, p. 29.]

Legislation § 1254. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 29.

§ 1255. Ballots, destruction of number in excess of names on lists. The ballots must be immediately replaced in the box, and if the ballots in the box exceed in number the names on the lists, one of the judges must publicly, and without looking into the box, draw out therefrom singly, and destroy, unopened, a number of ballots equal to such excess; and the board of election must make a record, upon the poll-list, of the number of ballots so drawn and destroyed. [Amendment approved 1905; Stats. 1905, p. 194.]

Legislation § 1255. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 29. 3. By Stats. 1905, p. 194.

§ 1256. Same. The number of ballots agreeing or being thus made to agree with the number of names on the lists, the lists must be signed by the members of the board and attested by the clerks, and the number of names thereon must be set down in words and figures at the foot of each list, and over the signatures of the judges and the attestation of the clerks, substantially in the form prescribed in section eleven hundred and seventy-four.

Legislation § 1256. Enacted March 12, 1872.

§ 1257. Counting the votes. After the lists are thus signed, the board must proceed to open the ballots, and count and ascertain the number of votes cast for each person voted for. At all elections where a general ticket and a municipal ticket are used, the canvass of the general ticket shall be completed before the canvass of the municipal ticket is commenced. All ballots rejected for illegality must be [have] indorsed upon the ballot the cause of such rejection, and signed by a majority of the election board, and thereafter strung upon a string. [Amendment approved 1899; Stats. 1899, p. 140.]

Legislation § 1257. 1. Enacted March 12, 1872. 2. Amended by Stats. 1889, p. 109. 3. By Stats. 1891, p. 176. 4. By Stats. 1893, p. 308. 5. By Stats. 1899, p. 140.

§ 1258. Tally of votes. Each clerk must write down each office to be filled, and the name of each person marked in each ballot as voted for to fill such office, and keep the number of votes by tallies, as they are read aloud. Such tallies must be made with pen and ink as the name of each candidate voted for is read aloud from the respective ballot, and immediately upon the completion of the tallies the clerks who respectively complete the same must draw two heavy lines in ink from the last tally mark to the end of the line in which such tallies terminate, and also write the initials of the person making the last tally in such line. The ballot so read and the tally sheet so kept must, during the reading and tallying, be within the clear view of watchers at the count. [Amendment approved 1913; Stats. 1913, p. 1172.]

Legislation § 1258. 1. Enacted March 12, 1872. 2. Amended by Stats. 1889, p. 110. 3. By Stats. 1891, p. 177. 4. By Stats. 1895, p. 307. 5. By Stats. 1913, p. 1172.

§1259. Tickets to be strung and inclosed in sealed envelopes. The ballot, as soon as the names marked on it as voted for are read and verified, must be strung on a string by one of the judges, and must not thereafter be examined by any person, but must, as soon as all are counted, be carefully sealed in a strong envelope, each member of the board writing his name across the seal. [Amendment approved 1899; Stats. 1899 P. 140.]

Legislation § 1259. 1. Enacted March 12, 1872. 2. Amended by Stats. 1889, p. 111. 3. By Stats. 1891, p. 177. 4. By Stats. 1899, p. 140. § 1260. Return-list. As soon as all the votes are counted and the tickets sealed up, lists must be attached to the tally-lists containing the names of persons voted for and for what office, and the number of votes given for each candidate, the number being written at full length, and such lists must be signed by the members of the board and attested by

the clerks, substantially in the form in section eleven hundred and seventy-four given.

Legislation § 1260. Enacted March 12, 1872.

§ 1261. Certain papers to be sealed up. The board must, before it adjourns, inclose in a cover, and seal up and direct to the county clerk, the copy of the register upon which one of the judges marked the word "Voted" as the ballots were received, all certificates of registration received by it, one of the lists of the persons challenged, one copy of the list of voters, and one of the tally-lists and list attached thereto. The board must also, before it adjourns, post conspicuously, on the outside of the polling-place, a copy of the result of the votes cast at such polling. place; such copy of the result must be signed by the members of the board, and attested by the clerks. The board must also immediately transmit unsealed to the county clerk a copy of the result of the votes cast at such polling-place, which copy must be signed by the members of the board, and which copy shall be open to the inspection of the public. It shall be a misdemeanor for any person to remove or deface such posted copy of the result or to delay or change the copy to be delivered to the county clerk. [Amendment approved 1901; Stats. 1901, p. 5.]

Legislation § 1261. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 29. 3. By Stats. 1899, p. 63. 4. By Stats. 1899, p. 83. 5. By Stats. 1901, p. 5.

§ 1262. Tally-lists etc., on inspection. The other list of voters, tallylist, and list attached thereto must be sent to the county clerk or registrar, and retained by him open to inspection of all electors for at least six months. [Amendment approved 1913; Stats. 1913, p. 226.]

Legislation § 1262. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 30. 3. By Stats. 1913, p. 226.

§ 1263. Returns and ballots to be delivered to a member of the board. The sealed packages containing the register, lists, papers, and ballots, must before the board adjourns be delivered to one of its number, to be determined by lot, unless otherwise agreed upon.

Legislation § 1263. Enacted March 12, 1872.

§ 1264. To whom ballots to be delivered. How sealed. The member to whom such packages are delivered, must, without delay, deliver such packages without their having been opened, to the county clerk, nearest postmaster, or sworn express agent, who shall indorse on such packages the name of the party 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. In the city and county of San Francisco, such packages must be delivered to the registrar of voters within three hours from the time of adjournment of the board, which time of adjournment must be indorsed upon such package, and upon each poll-list, in ink, and signed by a majority of the members of such board. In the city and county of San Francisco the packages must be put up and sealed in the following manner, by an inspector, and at least three other members of the board, and be signed with their respective signatures across (flap) the same written. One package to contain the voted ballots only; one pack

age to contain one poll and tally list only; one package to contain the precinct registers, index to register, list of voters challenged, and list of assisted voters; and one package to contain the unused ballots. [Amendment approved 1905; Stats. 1905, p. 194.]

Legislation § 1264. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 30. 3. By Stats. 1893, p. 308. 4. By Stats. 1905, p. 194.

§ 1264a. Delivery and custody of roster of voters after election. Το apply to all elections. The board of election must, before it adjourns, inclose in a cover and seal up and direct to the county clerk or to the regis trar of voters, in counties or cities and counties in this state having a registrar of voters, the roster of voters and such sealed package containing such roster of voters must be delivered to that one of its members who has been selected to deliver the other sealed packages required by law. This member must, without delay, deliver the package containing the roster of voters without its having been opened in the same manner and to the same persons and officials as he is required by law to deliver the other sealed packages intrusted to him by said board. All rosters of voters must be kept in the office of the county clerk or in the office of the regis trar of voters in counties and cities and counties having a registrar of voters, as a public record, for a period of one year and when received by such county clerk or registrar of voters, all packages containing such rosters of voters shall be unsealed and such rosters of voters shall at all times be open to the inspection of any citizen. The provisions of this section shall apply to all rosters of voters, whether used at elections or primary elections.

Legislation § 1264a. Added by Stats. 1905, p. 633.

§ 1265. Clerk to keep ballots unopened. On receipt of the packages the clerk must file the one containing ballots, and must keep it unopened and unaltered for twelve months, after which time, if there is not a contest commenced in some tribunal having jurisdiction about such election, he must burn the package without opening or examining its contents; provided, however, that after the time limited for a contest, and in the event any contests have been commenced, then after said ballots have been opened and counted by the superior court in said contests, a judge of the superior court of the county wherein said balbts were voted may order said packages to be opened for inspection in any case being tried in his court where he has jurisdiction of the same, whenever he shall deem it necessary to inspect the ballots contained in said packages in order to produce testimony to establish the proof of any material issue of fact arising in the course of the trial of said In no event shall the said packages, or any of them, or the ballots contained therein, be taken from the custody of the county clerk. Whenever said packages, or any of them, shall have been inspected and examined, and a record made of the testimony therein contained, the same shall be restored to the exclusive control and custody of the county clerk, who shall reseal the packages with the ballots contained therein, and keep the same until he shall burn them, in accordance with the direction of this section; provided further, that if in any Congressional district within this state there has been or shall be filed a contest of the election of any person declared to have been elected a member

rase.