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§ 8612. SUCH ARREST NOT DEFENSE.] The fact that any person, offending against the provisions of the preceding section, was taken into custody and detained, as therein authorized, forms no defense to a prosecution for the offense committed under any provisions of this code. [Pen. C. 1877, § 82; R. C. 1899, § 6882.]

§ 8613. DESTROYING BALLOTS OR BOXES.] Every person who willfully breaks or destroys, on the day of an election or before the canvass is completed, any ballot box used or intended to be used as such election, or defaces, injures, destroys or conceals any ballot which has been deposited in any ballot box at an election, and has not already been counted or canvassed, or any poll list used or intended to be used at such election, is guilty of a felony. [Pen. C. 1877, § 83; R. C. 1899, § 6883.]

§ 8614. FALSE CERTIFICATES. SUPPRESSING CERTIFICATE.] Every person who falsely makes, or makes oath to or fraudulently destroys any certificate of nomination or any part thereof, or files or receives for filing any certificate of nomination, knowing the same or any part thereof to be falsely made, or suppresses any certicate of nomination which has been duly filed, or any part thereof, or forges or falsely makes the official indorsement on any ballot, or willfully neglects properly to indorse said ballot shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the penitentiary not less than one and not exceeding five years. [1893, ch. 66, § 31; R. C. 1895, § 6884.]

§ 8615. DESTROYING SUPPLIES, LISTS OR CARDS.] Every person who, during an election, willfully removes or destroys any of the supplies or other conveniences placed in the booths or compartments for the purpose of enabling the voter to prepare his ballot, or prior to or on the day of an election willfully defaces or destroys any list of candidates posted in accordance with the provisions of law, or any copy of the printed ticket so posted, or who, during an election, tears down or defaces the cards printed for the instruction of voters, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars. [1893, ch, 66, § 32; R. C. 1895, § 6885.]

§ 8616. FALSE POLL LIST.] Every poll clerk or clerk of the poll at any election, who willfully keeps a false poll list. or who knowingly inserts in his poll list any false statement, is guilty of a misdemeanor.* [Pen. C. 1877, § 84; R, C. 1895, § 6886.]

§ 8617. MISCONDUCT OF JUDGES. CHALLENGES.] Every inspector or judge of an election, who willfully excludes any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at such election, or who willfully receives a vote from any person who has been duly challenged in relation to his right to vote at such election, without exacting from such person such oath or other proof of qualification as may be required by law, or who willfully omits to challenge any person offering to vote, whom he knows or suspects not to be duly entitled to vote, and who has not been challenged by any other person, is guilty of a misdemeanor. [Pen. C. 1877, § 85; R. C. 1895, § 6887.]

§ 8618. FALSELY CANVASSING OR CERTIFYING.] Every inspector or judge of clection, member of any board of election or of canvassers, poll clerk, messenger or other officer authorized to take part in or perform any duty in relation to any canvass or official statement of votes cast at any election, who willfully makes any false canvass of such votes, or makes, signs, publishes or delivers any false returns of such election, knowing the same to be false, or willfully defaces, destroys or conceals any statement or certificate intrusted to his care, is guilty of a misdemeanor. [Pen. C. 1877, § 86; R. C. 1895, § 6888.]

§ 8619. BRIBING ELECTION OFFICERS.] Every person who gives or offers a bribe to any inspector, judge, clerk, canvasser or other officer of any election, or of any board of election, as a consideration for some act done or omitted to be done, contrary to his official duty in relation to such election, shall be punished by a fine not exceeding five hundred dollars and imprisonment in the county jail not exceeding six months. [Pen. C. 1877, § 87; R. C. 1895, § 6889.] § 8620. PENALTY, DISFRANCHISEMENT.] Any person guilty of either of the offenses mentioned in section 8585 and 8586 shall thereafter be forever disfranchised and rendered ineligible to any office of trust or profit within the state, including that of representative to congress. [Pen. C. 1877, § 88; R. C. 1899, § 6890.]

§ 8621. WITNESS NOT EXCUSED, NOT PUNISHED.] No person shall be excused from testifying upon a prosecution for an offense mentioned in section 8586 upon the ground that his statement might tend to criminate himself, but any person so testifying against the other party shall thereafter be exempt from punishment for such offense mentioned in said section. [Pen. C. 1877, § 89; R. C. 1899, § 6891.]

§ 8622. ELECTION DEFINED.] The word "election," as used in this chapter, designates only elections had within

this state for the purpose of enabling electors, as such, to choose some public officer or officers under the laws of this state, or of the United States. [Pen. C. 1877, § 90; R. C. 1899, § 6892.]

§ 8623. IRREGULARITIES NO DEFENSE.] Irregularities or defects in the mode of noticing, convening, holding or conducting an election authorized by law, form no defense to a prosecution for a violation of the provisions of this chapter. [Pen. C. 1877, § 91; R. C. 1899, § 6893.]

§ 8624. RIGHTS. LAWFUL INTERFERENCE.] Nothing in this chapter shall be construed to authorize the punishment of any person who, by authority of law, may interfere to prevent or regulate an election which has been unlawfully noticed or convened, or is being or is about to be unlawfully conducted. [Pen. C. 1877, § 92; R. C. 1899, § 6894.]

§ 8625. QUESTIONS SUBMITTED. CRIMINAL ACTS.] Every act which by the provisions of this chapter is made criminal when committed with reference to the election of a candidate, is equally criminal when committed with reference to the determniation of a question submitted to electors to be decided by votes cast at an election. [Pen. C. 1877, § 93; R. C. 1899, § 6895.]

§ 8626. GOOD FAITH. GIVEN IN EVIDENCE.] Upon any prosecution for procuring, offering or casting an illegal vote, the accused may give in evidence any facts tending to show that he honestly believed upon good reason that the vote complained of was a lawful one; and the jury may take such facts into consideration in determining whether the acts complained of were knowingly done or not. [Pen. C. 1877, § 94; R. C. 1899, § 6896.]

§ 8627. SELLING LIQUORS ON ELECTION DAY.] Every person who sells, gives away or disposes of any intoxicating liquors as a beverage, on the day of any general electio i or special or local election, in the town, city or county where held, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail not to exceed twenty days, and by fine not exceeding one hundred and not less than fifty dollars. [Pen. C. 1877, § 95; R. C. 1895, § 6897.]

§ 8628. UNLAWFUL VOTING AT CAUCUS. PENALTY.] Every person who is not a qualified elector of the ward or election precinct in which any caucus or primary meeting is held and having for its object either immediately or ultimately, the nomination or selection of any delegate, or of any candidate for a public office to be voted for at any elec

tion in this state, who in any manner votes upon any question or issue pending before or submitted to such caucus or primary meeting, is guilty of a misdemeanor. It shall be the duty of the clerk of any caucus held under section 598 of the political code to carefully keep and preserve the record of the caucus, which shall include a list of the names of each person voting at the said caucus, for six months, and he shall at any time within said six months furnish a certified copy of the record of such caucus upon the request of the chairman of the county or state committee of the political party which said caucus represented. Any person who shall participate directly or indirectly in the election at caucus of more than one delegate or set of delegates for the nomination of each office to be filled shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty nor more than two hundred dollars. [1885, ch. 28, § 31; 1899, ch. 28 §§7, 8; R. C. 1899, § 6898.]

§ 9341. MUTILATING ELECTION RETURNS] Every messenger appointed by authority of law to receive and carry any report, certificate or certified copy of any statement relating to the result of any election, who willfully multilates, tears, defaces, obliterates or destroys the same, or does any other act which prevents the delivery of it as required by law, and every person who takes away from such messenger any such report, certificate or certified copy, with intent to prevent its delivery, or who willfully does any injury or other act such as is above specified, is punishable by imprisonment in the penitentiary not exceeding five years and not less than two years. [Pen. C. 1877, § 716; R. C. 1899, § 7582.]

PRIMARY ELECTION LAW.

SECTION 1. INTENT OF ACT.] It is the intention of this act to reform the methods by which political parties shall make nominations of candidates for all public offices by popular vote. It shall be liberally construed so that the real will of the electors may not be defeated by any informality or failure to comply with all provisions of law in respect to either the giving of any notice or the conducting of the primary or certify the results thereof. [1907, ch. 109.]

SEC. 2. HELD, WHEN. WHAT OFFICES FOR.] On the last Wednesday in June of every year in which occurs a general election, there shall be held, in lieu of party caucuses and conventions, a primary election in the various voting precincts of this state, for the nomination of candidates for the following offices to be voted for at the ensuing general election, viz: Members of congress, state officers, county officers, district assessors and the following officers on the years of their regular election, viz: Judges of the supreme and district court, members of the legislative assembly and county commissioners, and United States senator in the year previous to his election by the legislative assembly, provided, however, that the provisions of this act shall not be construed to include or provide for the nomination of presidential electors or delegates to national conventions. Such delegates to national conventions shall be nominated and elected, and presidential electors nominated as now or hereafter may be provided for by the various state central committees. For special elections for the officers enumer· ated herein the nominations shall be made as otherwise. provided by law. [1907, ch. 109.]

SEC. 3. PETITION REQUIRED, FEES FOR FILING. AFFIDAVIT OF CANDIDATES.] Every candidate for United States senator, member of congress, state officers, judge of supreme and district courts, shall not more than sixty days nor less than thirty days prior to said primary election, present to the secretary of state a petition giving his name, post office address, the title of the office to which he aspires and the party which he represents, containing the names of 3 per cent of the total vote cast for the candidate of the party with which

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