Ballots not in compliance with law not to be received. 1212. opponents of the candidates, and no defect is discovered, a Court would hesitate long before holding that such defect did then exist. On the other hand, the fact that no such indorsement was made ought not to be entirely conclusive, for the nature of the illegality or overwhelming evidence that it did then exist ought to be permitted to overcome the strong presumption to the contrary. The Board must refuse to receive or to allow to be deposited in the ballot box any ballot offered if it is apparent that it is not in compliance with the provisions of this Chapter. NOTE.-If, when the ballot is presented, it is apparent to the Board of Election that it does not comply with the law, or is folded in a manner tending to indicate its contents or who cast it, the Board should be required to reject it and afford the party an opportunity to vote a legal ballot. CHAPTER IX. VOTING AND CHALLENGES. SECTION 1224. Voting, when to commence and continue. 1225. Manner of voting. 1226. Same. 1227. Same. 1228. Record that person has voted, how kept. 1229. Same. 1230. Grounds of challenge. 1231. Proceedings on challenge for want of identity. 1235. Same, on ground of conviction of a felony. 1236. Challenges, how determined. 1237. Same. 1238. If person refuses to be sworn, vote to be rejected. 1239. Rules for the determination of questions of residence. 1240. Term of residence, how computed. 1241. Rules must be read, if requested. 1242. Proceedings upon determination of challenge. 1243. List of challenges to be kept. when to 1224. Voting may commence as soon as the polls Voting, are opened, and may be continued during all the time commence the polls remain open. and continue. voting. 1225. The person offering to vote must hand his Manner of 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 printed copy of the register, if his name is thereon. NOTE.-By Section 1149, ante, of this Title, it is provided that not less than four copies of the Great Register must be posted at the polling place. The voter can easily ascertain his number, and the Judges, by its announcement, can readily find it on the register, and thus voting will be facilitated. This practice has already been adopted, in a great measure, in cities, and works well. 1226. The Inspector, or Judge acting as such, Samo. 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 (if there be one) of the person voting. NOTE.-See Sec. 1212 and note, ante. 1227. If the name is found on the copy of the Same. Great Register, or if the party produces and files with the Board an uncanceled certificate of registration on the Great Register of the county, and the vote is not rejected upon a challenge taken, the Inspector, or Judge acting as such, must, in the presence of the Board of Election, place the ballot, without being opened or examined, in the ballot box. 1228. When the ballot has been placed in the box, one of the Judges must write the word "Voted" opposite the number of the person on the printed copy of the Register; or, if the person voted on a certificate of registration, then upon the face thereof. 34-VOL. I. Record has voted, that person how kept. Same. Grounds of challenge. Proceedings on challenge for want of identity. Same, on challenge for nonesidence in State. 1229. Each Clerk must keep a list of persons voting, and the name of each person who votes must be entered thereon and numbered in the order of voting. NOTE.-The list and register are both primary evidence of what persons voted at the election, for Sec. 1926 of the Code of Civil Procedure makes an entry made by an officer or under the directions and in the presence of any Board in the course of the duty of such officer or Board primary evidence of the facts stated therein. The utility of this section will be apparent when the reader reaches subsequent sections of this Title. See Secs. 1253-1257, inclusive. 1230. 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 is not the person whose name appears on the Register; 2. That he has not resided within the State for six months next preceding the election; 3. That he has not resided within the precinct for thirty days next preceding the election; 4. That he has before voted that day; 5. That he has been convicted of a felony and has not been pardoned. 1231. NOTE.-Intention must accompany the act to constitute crime of voting twice.-See People vs. Harris, 29 Cal., p. 678; People vs. Holden, 28 Cal., p. 123; Secs. 43, 45, 46, Penal Code Cal. 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." 1232. If the challenge is on the ground that he has not resided in the State for six months 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 six months im- Same. mediately preceding this election? 2. Have you been absent from this State within the six months 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. NOTE.-See Sec. 43, Penal Code Cal. 1233. If the challenge is on the ground that he has not resided in the 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 election precinct? 2. When you came into this precinct did you come for a temporary purpose merely, or for the purpose of making it your home? 3. Did you come into this precinct for the purpose of voting here? And such other questions as may be necessary to a determination of the challenge. NOTE.-See Sec. 43, Penal Code Cal. Samne, on challenge residence Same, on challenge for having 1234. 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 voted. oath: "You do swear (or affirm) that you have not before voted this day." NOTE.-See Sec. 45, Penal Code Cal. before Same, on ground of conviction 1235. If the challenge is on the ground that the of a felony. person challenged has been convicted of a felony and has not been pardoned, he 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 and the non-production of a pardon. Challenges, Same. If person Rules for the deter 1236. 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. NOTE.-See People vs. Gordon, 5 Cal., p. 235. 1237. 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. 1238. 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. NOTE.-See Sec. 43, Penal Code Cal. Refusal to be sworn or to answer questions a misdemeanor. 1239. The Election Board, in determining the mination of place of residence of any person, must be governed residence. by the following rules, so far as they are applicable: questions of 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 a residence by reason of his presence at or absence from a place while employed in the service of the United States, or of this State, nor while engaged in |