navigation, nor while a student at a learning, nor while kept in an almsh prison;

3. A person must not be consider residence who leaves his home to g

or precinct in this State for temporary r with the intention of returning;

270

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 removes to another State with the intention of making it his residence, he loses his residence in this State;

6. If a person removes 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 is a place of 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.

NOTE. The necessity for the insertion in this Title of a few plain rules to guide the. Board in the determination of questions of residence is apparent. The question turns upon act and intention. It never has been the law in this State that a person possessed of

Same, op ground convic

of a

the other qualifications has a right to vote merely because he has been in the State six months and in a precinct thirty days. There must in every case exist an intention to make the place his home. "Residence, within the meaning of the Constitution, as applied to the qualification of an elector, is the same as domicile, the place where a man establishes his abode, makes the seat of his property, and exercises his civil and political rights.-Chase vs. Miller, 41 Penn. St. R., p. 404. Domicile, or residence, in a legal sense, is determined by the intention of the party. He cannot have two homes at the same time. When he acquires another he loses that home which he has exchanged for the new one; but to effect this change there must be both act and intention.-State vs. Frest, 4 Harrington, p. 558; McDaniel's Case, 3 Penn. L. J., p. 310. When an elector removes his family to a county with the .intention of residing there, that is the county where he should vote while his family remains there, though he passes his time and works in an adjoining county.People vs. Holden, 28 Cal., p. 124. When by birth or residence one has acquired a fixed domicile, a temporary absence on business or pleasure, with an intention of returning, will not work a change of domicile, with reference to the right of suffrage.-State vs. Judge of Ninth Judicial Circuit, 13 Ala., p. 806; Lincoln vs. Hapgood, 11 Mass., p. 350. The fact that an elector is a soldier in the army of the United States does not disqualify him from voting at his place of residence; but he cannot acquire a residence, so as to qualify him as a voter, by being stationed at a military post, whilst in the service of the United States.-People vs. Riley, 15 Cal., p. 48; Hunt vs. Richards, 4 Kansas, p. 549; Biddle vs. Wing, 1 Cong. Elect. Cas., p. 504. Paupers do not acquire a residence so as to entitle them to vote by living in an almshouse.-Monroe vs. Jackson, Cong. Elect. Cas., p. 98. And so, also, persons who reside on lands ceded to the United States for navy yards, forts, and arsenals, where there is no other reservation of jurisdiction to the State than that of serving civil and criminal process therein, do not, by such residence, acquire the rights of an elector.-Opinion of the Judges, 1 Met., p. 580; Sinks vs. Reese, 19 Ohio St. R., p. 306. And although an elector does not lose his residence by confinement in a prison, neither does he acquire one in the election district in which the prison is located.Anon., 2 Brewst., p. 144."-Brightly's Leading Cases on Elections, p. 112. The colonization of voters can, to a great extent, be prevented, if Election Boards will

adhere to the rules prescribed in the preceding section.
Indeed, the very knowledge that such rules are present
to the eye of the Board, would have a great tendency
to prevent colonization. Again, many honest but
ignorant men will swear that they are "residents of a
precinct," who would not testify to the existence of
facts which go to make up the ultimate fact of resi-
dence.-See, also, Sec. 52, ante, and note.

residence,

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

NOTE.-See People vs. Holden, 28 Cal., p. 123.

computed.

be read, if

1241. Before administering an oath to a person Rules must touching his place of residence, the Inspector must, if requested. requested by any person, read to the person challenged the rules prescribed by Sections 1238 and 1239.

1242. If the challenge is determined against the person offering to vote, the ballot offered must, with out examination, be returned to him; if determined in his favor, the ballot must be deposited in the ballot box.

Proceeddetermi challenge.

ings upon

nation of

1243. The Board must cause one of the Clerks to List of 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 chal

lenge.

NOTE. This 'statement is primary evidence of the facts; and as it has to be transmitted to the Clerk's office, and filed there, it would be open to the examination of the Grand Jury, or any officer or person, and would afford valuable aid in the examination of prosecution of a charge of perjury, based upon false swearing, on the trial of such challenge.

challenges to be kept.

Canvass to be public, and without

adjournment.

Canvass,

how commenced.

Ballots must be made to

agree with

names on the list.

CHAPTER X.

CANVASSING AND RETURNING THE VOTE.

SECTION 1252. Canvass to be public and without adjournment.
1253. Canvass, how commenced.

1254. Ballots must be made to agree with names on the list.
1255. Same.

1256. Same.

1257. Counting the votes.

1258. Tallies.

1259. Tickets to be strung and inclosed in sealed envelops. 1260. Return list.

1261. Certain papers to be sealed up.

1262. Inspector to keep certain papers.

1263. Returns and ballots to be delivered to a member of

the Board.

1264. Must be delivered to County Clerk.

1265. Clerk to keep ballots unopened.

1266. When package containing ballots may be destroyed;

when opened.

1267. Returns to be delivered by Clerk to Supervisors.

1268. Copy of Register to be filed in County Clerk's office.

1252. 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.

1253. The canvass must be commenced by taking out of the box the ballots unopened (except so far as to ascertain whether each ballot is single) and counting the same to ascertain whether the number of ballots corresponds with the number of names on the list of voters kept by the Clerks.

1254. 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 destroyed.

1255. If the ballots in the box are still found to Same. exceed in number the names on the lists they must be replaced in the box, and one of the Judges must publicly and without looking in the box draw out therefrom singly and destroy unopened a number of ballots equal to such excess.

1256. The number of ballots agreeing or being Same. 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 1174.

the votes.

1257. After the lists are thus signed, the Board Counting must proceed to count and ascertain the number of votes cast for each person voted for. The ballots must be taken out and opened by one of the members of the Board, and the ticket must be distinctly read.

1258. Each Clerk must write down each office to Tallios. be filled and the name of each person voted for to fill such office, and keep the number of votes by tallies as they are read aloud.

1259. The tickets as soon as read, or rejected for illegality, must be strung upon a string by one of the

Tickets to and

be strung

inclosed in sealed

Judges, and must not thereafter be examined by any envelops.

person, but must, as soon as all are counted, be carefully sealed in a strong envelop, each member of the Board writing his name across the seal.

35-VOL. I.