48. Changing ballots or altering returns by election officers, felonies. SEC. 48. 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. Stats. 1858, 165, sec. 2. 49. Inspectors unfolding or marking tickets, misdemeanors. SEC. 49. Every inspector, judge, or clerk of an election who, previous to putting the ballot of an elector in the ballot-box, attempts to find out any name on such ballot, or who opens or suffers the folded ballot of any elector which has been handed in to be opened or examined previous to putting the same into the ballot-box, or who makes or places any mark or device on any folded ballot with the 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 fine, not less than fifty nor more than five hundred dollars. Stats. 1863, 398, sec. 1. 50. Forging or altering returns. SEC. 50. Every person who forges or counterfeits returns of an election purporting to have been held at a precinct, town, or ward where no election was in fact held, or willfully substitutes forged or counterfeit returns of election in the place of the 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 ten years. Stats. 1863, 399, sec. 1. Fraudulent intent.-To warrant the conviction of an election inspector for making a false certificate of the result of the election, it must appear that such certificate was made by him fraudulently, and the fact that a fraud 51. Adding to or subtracting from votes given, felony. SEC. 51. Every person who willfully adds to or subtracts from the votes actually cast at an election, in any returns, or who alters such returns, is punishable by imprisonment in the state prison for not less than one nor more than five years. Stats. 1863, 399, sec. 1. 52. Persons aiding and abetting, punishment of. SEC. 52. Every person who aids or abets in the commission of any of the offenses mentioned in the four preceding sections is punishable by imprisonment in the county jail for the period of six months, or in the state prison not exceeding two years. [Amendment, approved March 30, 1874; Amendments 18734, 423; took effect July 1, 1874.] Stats. 1863, 399, sec. 1. §§ 53-56 CRIMES AND PUNISHMENTS. 53. Intimidating, corrupting, deceiving, or defrauding electors a misdemeanor. SEC. 53. Every person who, by force, threats, menaces, bribery, or any corrupt means, either directly or indirectly, attempts to influence any elector in giving his vote, or to deter him from giving the same, or attempts by any means whatever to awe, restrain, hinder, or disturb any elector in the free exercise of the right of suffrage, or furnishes any elector wishing to vote, who cannot 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 as such, induces or attempts to induce, any elector, either by menace or reward, or promise thereof, to vote differently from what such elector intended or desired to vote, is guilty of a misdemeanor. Stats. 1850, 110. Influencing elector in voting: See Regina v. Soley, 11 Mod. 115; Rex v. Cripland, 11 Id. 387; Rex v. Plympton, 2 Ld. Raym. 1377; Rex v. Pitt, 3 Burr. 1335; Rex v. Jolliffe, 1 East, 154; Commonwealth v. Callaghan, 2 Va. Cas. 460. 54. Furnishing money for elections except for specific purposes. SEC. 54. Every person who, with intent to promote the election of himself either or any other person, 1. Furnishes entertainment at his expense to any meeting of electors previous to or during an election; 2. Pays for, procures, or engages to pay for any such entertainment; 3. Furnishes or engages to pay or deliver any money or property for the purpose of procuring the attendance of voters at the polls, or for the purpose of compensating any person for procuring attendance of voters at the polls, except for the conveyance of voters who are sick or infirm; 4. Furnishes or engages to pay or deliver any money or property for any purpose intended to promote the election of any candidate, except for the expenses of holding and conducting public meetings for the discussion of public questions and of printing and circulating ballots, handbills, and other papers previous to such election; -Is guilty of a misdemeanor. Pledge to take less than established salary.-Where a candidate for office publicly pledged himself, before election, to perform the duties of the office for one thousand two hundred dollars a year, whereas the fees amounted to two thousand six hundred dollars, and by reason of this offer a sufficient number of voters were induced to vote for him to secure his election, the court held his election void, and said the act amounted to bribery: State v. Collier, Sup. Ct. Mo.; 3 Pac. C. L. J. 394; see State v. Church, 5 Or. 375; State v. Purdy, 36 Wis. 213. Buying appointment to office: See sec. 73, and note. 55. Unlawful offers to procure offices for electors. SEC. 55. Every person who, being a candidate at any election, offers or agrees to appoint or procure the appointment of any particular person to office, as an inducement or consideration to any person to vote for or procure or aid in procuring the election of such candidate, is guilty of a misdemeanor. 56. Communicating such offer. SEC. 56. Every person, not being a candidate, who communicates any offer, made in violation of the last section, to any person, with intent to induce him to vote for or to procure or aid in procuring the election of the candidate making the offer, is guilty of a misdemeanor. Stats. 1850, 239, secs. 84-86; 1863, 645, secs. 1-3. 57. Bribing or offering to bribe members of legislative caucuses, etc. SEC. 57. Every person who gives or offers a bribe to any officer or member of any legislative caucus, political convention, committee, primary election, or political gathering of any kind, held for the purpose of nominating candidates for offices of honor, trust, or profit, in this state, with intent to influence the person to whom such bribe is given or offered to be more favorable to one candidate than another, and every person, member of either of the bodies in this section mentioned, who receives or offers to receive any such bribe, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. 58. Preventing public meetings. SEC. 58. Every person who, by threats, intimidations, or unlawful violence, willfully hinders or prevents electors from assembling in public meeting for the consideration of public questions, is guilty of a misdemeanor. 59. Disturbance of public meetings, misdemeanor. SEC. 59. Every person who willfully disturbs or breaks up any public meeting of electors or others, lawfully being held for the purpose of considering public questions, is guilty of a misdemeanor. 60. Betting on elections. SEC. 60. Every person who makes, offers, or accepts any bet or wager upon the result of any election, or upon the success or failure of any person or candidate, or upon the number of votes to be cast, either in the aggregate or for any particular candidate, or upon the vote to be cast by any person, is guilty of a misdemeanor. a sale of property for a certain sum, payable if a certain person is elected to office, is a wager: Parsons v. State, 2 Ind. 499; Commonwealth v. Shouse, 16 B. Mon. 326. Wagers made upon the result of a public election cannot be enforced: Hill v. Kidd, 43 Cal. 615; see Johnston v. Russell, 37 Id. 670. Cases within the statute.-Where the wager is upon the entire result of the presidential ticket, it is within the statute: Quarles v. State, 5 Humph. 561; Somers v. State, 5 Sneed, 437. And a bet that a particular candidate will receive a given number of votes, or that he will beat another candidate, or a bet upon the general result, is within the statute: Commonwealth v. Kirk, 4 B. Mon. 1; Commonwealth v. Pash, 9 Dana, 31; State v. Cross, 2 Humph. 301; but not a wager upon an election outside the state: Hinkerson v. Benson, 8 Mo. 8. The section is not applicable to a bet made on the vote of another state for president: Morgan v. Pettit, 3 Scam. 529; nor does it apply to a case of betting after the election is held: State v. Mahan, 2 Ala. 340. Betting on an election is not gaming: State v. Henderson, 47 Ind. 127. 61. Violation of election laws by persons not officers. SEC. 61. Every person who willfully violates any of the provisions of the laws of this state relating to elections is, unless a different punishment for such violation is prescribed by this code, punishable by fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or by both. The election laws of the state are found in title 2 of part 3 of the Political Code, secs. 1041-1365, inclusive. 62. Printing or circulating tickets not in conformity with the election laws. SEC. 62. Every person who prints any ticket not in conformity with section eleven hundred and ninety-one of the Political Code, or who circulates or gives to another any ticket, knowing at the time that such ticket does not conform to the provisions of section eleven hundred and ninety-one of the Political Code, is guilty of a misdemeanor. [New section, approved March 23, 1874; Amendments 1873-4, 456; took effect sixtieth day after passage.] An Act to prevent the sale of intoxicating beverages on election days. [Approved March 7, 1874; 1873-4, 297.] Liquor not to be sold or given away during election day. SECTION 1. It shall not be lawful for any person or persons keeping a public house, saloon, or drinking-place, either licensed or unlicensed, to sell, give away, or furnish spirituous or malt liquors, wine, or any other intoxicating beverages, on any part of any day set apart, or to be set apart, for any general or special election, by the citizens, in any election district or precinct in any of the counties within the state, where an election is in progress, during the hours when by law in said district or precinct the election polls are required to be kept open. Misdemeanor. SEC. 2. Any person or persons violating the provisions of this act shall be deemed guilty of a misdemeanor. SEC. 3. This act shall take effect from and after its passage. An Act to prohibit "piece clubs," and to prevent extortion from candidates for office. Assessments for election expenses to be voluntary. SECTION 1. All payments and contributions of money for election expenses, made by candidates for office in this state, shall hereafter be assessed and made by such candidates by voluntary assessment among themselves, and not otherwise, and at meetings to be called for such purpose, at which meetings none but candidates for office at the next ensuing election shall be present or participate. Candidates paying contributions not agreed upon-Misdemeanor. SEC. 2. Any person being a candidate for office in this state, who shall, directly or indirectly, pay, or knowingly cause to be paid, any money or other valuable thing to any person, as an assessment or contribution for the expenses of the election at which such person or candidate is to be voted for, except the contribution or assessment so agreed upon by such meeting of candidates, shall be deemed guilty of a misdemeanor, and, upon conviction, punished accordingly. Committees and conventions not to make assessments. SEC. 3. It shall not be lawful for any committee, convention, or other association, formed for the purpose of nominating a candidate or candidates for office in this state, to levy, assess, collect, demand, or receive, directly or indirectly, any money or other valuable thing from any can. didate or candidates nominated for office by such committee, convention, or other association, either for the expenses of printing or distributing tickets, or for any of the expenses of the election of such candidate or candidates, or as or for the expenses of such nominating convention, committee, or other association, or under or upon any pretense whatsoever. Misdemeanors by members of committees or conventions. SEC. 4. Any officer or member of any such committee, convention, or association, or other person, who shall vote for, aid, authorize, assist, or consent to any such levy, assessment, or collection, from any candidate or candidates, shall be deemed guilty of a misdemeanor, and, on conviction, punished accordingly. Asking money from candidates. SEC. 5. Any person who shall demand, ask for, collect, or receive, either directly or indirectly, any money or other valuable thing from any candidate or candidates for office in this state, on the ground that such money or other valuable thing has been assessed to such candidate or candidates, or asked for, demanded, or required by any person, nominating convention, committee, or other political association, as or for the costs of printing or distributing tickets, or for the payment of election expenses of any kind or nature whatsoever, or as or for the expenses of such nominating committee, convention, or association, shall for each offense be deemed guilty of a misdemeanor, and on conviction, shall be punished accordingly; but nothing herein contained shall prevent the candidates at any election from assembling together, and voluntarily assessing themselves for any expenses authorized by law for the common good of the ticket, and to collect and disburse the same by agents appointed for such purpose. Working for candidates in expectation of compensation. SEC. 6. Any person who shall voluntarily and unsolicited offer to work for and assist, or in any manner whatsoever contribute to the nomination or election of any candidate or other per son to any office in this state, for the purpose and with the intent to have such candidate or person pay for, or in any manner compensate such person so offering for such work or services, shall be deemed guilty of a misdemeanor, and on conviction, punished accordingly. SEC. 7. This act shall apply only to the city and county of San Francisco. SEO. 8. This act shall take effect and be in force from and after its passage. 28 TITLE V. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE. 65. Acting in a public capacity without having qualified. SEC. 65. Every person who exercises any function of a public office without taking the oath of office, or without giving the required bond, is guilty of a misdemeanor. [Amendment, approved March 30, 1874; Amendments 1873-4, 423; took effect July 1, 1875.] Oath of office.-"I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the state of California, and that I will faithfully discharge the duties of the of 66. Acts of officers de facto not affected. fice of -, according to the best of my ability:" Cal. Const., sec. 3, art. 20; see Pol. Code, secs. 904 et seq. De facto officers, acts of, are not affected by this section: See sec. 66, note. SEO. 66. The last section shall not be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts. De facto officers.—See, for a discussion of who are such officers, and the extent to which their acts are valid, the note to Hildreth v. McIntire, 19 Am. Dec. 63; also Griffin v. Cunningham, 20 Gratt. 43. See also section 220 of the Political Code, in the note. 67. Giving or offering bribes to executive officers. SEC. 67. Every person who gives or offers any bribe to any executive officer of this state, with intent to influence him in respect to any act, decision, vote, opinion, or other proceeding as such officer, is punishable by imprisonment in the state prison not less than one nor more than fourteen years, and is disqualified from holding any office in this state. Stats. 1863, 645, secs. 1-3. Bribery, in criminal law, is the offense of giving or taking any undue reward by a person concerned in the administration of justice, or by a public officer, to influence his behavior in his office; 4 Ch. Bla. Com. 139, and note; 1 Russell on Crimes, 154. See definition of "bribe," ante, sec. 7, subd. 6. The payment, or offer of payment, of any money, emolument, or thing of value by any person to a sheriff for the release of a prisoner in his custody is bribery: O'Brien v. State, 6 Tex. App. 665. Any attempt to influence an officer in his official conduct, whether in the executive, legislative, or judicial department of the government, by 68. Asking or receiving bribes. the offer of a reward or pecuniary consideration, Bribery of judicial officer; See sec. 92. SEC. 68. Every executive officer, or person elected or appointed to an executive office, who asks, receives, or agrees to receive any bribe, upon any agreement or understanding that his vote, opinion, or action upon any matter then pending, or which may be brought before him in his official capacity, shall be influenced thereby, is punishable by imprisonment in the state prison not less than one nor more than fourteen years; and in addition thereto, forfeits his office, and is forever disqualified from holding any office in this state. Stats. 1863, 645, secs. 1-3. Asking or receiving bribe.-This section and the various pertinent sections of the codes were examined in People v. Markham, 64 Cal. 157, where a police officer was charged in an information with receiving a bribe in considera tion of his not arresting violators of the gambling law. After full deliberation the court held the officer guilty of receiving a bribe, they saying: "We think when a police officer receives money in consideration of his promise that he will not arrest any one of a class of |