be specified in such commission, not less than twenty nor more than thirty days from the time of issuing the same, for the purpose of taking the depositions of such witnesses as the parties to such contest may wish to examine.

proceedings to

election

SEC. 78. Written notice of such contest, specifying the time and Notice of place of taking depositions, and before whom to be taken, and a copy person whose of the statement, certified by the clerk of said court, shall be deliv- contested. ered to the person whose election is contested, or if he cannot be found, shall be left at the house where he last resided, by the sheriff of the county in which such person claims his residence, within ten days after such statement shall have been filed in the clerk's office.

notice of

SEC. 79. The sheriff into whose hands such notice and certified Sheriff to serve copy may come, shall make due service thereof, and shall return to proceedings. the proper clerk a certified copy of such notice, with the manner and time of service endorsed thereon, for which he shall be entitled to receive from the party contesting such election, the same fees for service and mileage as are allowed in the district courts for service of original writs.

attendance of witnesses.

SEC. 80. Either of said justices of the peace shall have power at Compelling any time to issue subpoenas for witnesses at the request of either party, to be served by the sheriff as other subpoenas; and such justices, when met at the time and place appointed to take such depositions, shall have the same power to issue attachments and assess fines against witnesses as is given to justices of the peace in the trials of suits instituted before them.

taken.

SEC. 81. Said justices of the peace shall meet at the time and place Testimony, how appointed, to take the depositions of witnesses produced by the parties, which shall be reduced to writing by said justices, and sworn to and subscribed by said witnesses respectively, and duly certified by said justices as depositions are in other cases, noting in the caption of each deposition by which party the witness was called.

taken, to be

of district court.

SEC. 82. Said justices may continue said examination from day to Testimony, when day, if the business shall require it; and when the same is closed, delivered to clerk they shall deliver the depositions taken before them, together with their said commission, to the clerk of the district court, by whom the same was issued.

proceed in taking

SEC. 83. If at any time either of the said justices shall become Justice unable to unable to proceed in such examination, said clerk may supply the testimony. vacancy by designating any other justice of the peace of the county in the place of such justice.

SEC. 84. The sheriff, for the service of such subpoenas, and the justices for issuing the same and taking the depositions, shall receive

Fees of sheriff and justices.

Testimony to be transmitted to

from the party at whose instance such services are performed, the same fees as are allowed them for similar services in other cases.

SEC. 85. It shall be the duty of said clerk to seal up such deposecretary of state. sitions, together with the original statements of the grounds of such contest, and the copy of the notice served upon the party whose right is contested, and the commission issued to the justices of the peace, and transmit the same by mail to the secretary of state, endorsing thereon the names of the contesting parties, and the branch of the legislature before which such contest is to be tried.

Secretary of

state to deliver

SEC. 86. It shall be the duty of the secretary of state to deliver the same to presiding same unopened to the presiding officer of the house in which such con

officer of house

to be tried.

in which contest test is to be tried, on or before the second day of the session of the legislature next after taking such depositions, and such presiding officer shall immediately give notice to said house that said papers are in his possession.

Each house to try contested elections.

Either party to contest may take depositions.

Right of

legislature to take testimony not abridged.

SEC. 87. Each house of the legislature is the judge of the qualifications and elections of its members, and shall try all contested elections of its members in such manner as it may direct.

SEC. 88. At any time after notice of any contest shall be given, and before the trial of such contested election before the proper branch of the legislature, it may be lawful for either party to such contest to take depositions to be read on the trial thereof, in like manner and under the same rules as are allowed and required in the cases of depositions to be read on any trial pending in the district court; and such depositions, when thus taken, shall be sealed up by the officer taking the same and directed to the secretary of state, who shall keep the same unopened and deliver them to the presiding officer of the house in which such contest is to be tried, to be disposed of by such officer as the depositions specified in the preceding sections of this article.

SEC. 89. Nothing contained in this article shall be so construed as to abridge the right of either branch of the legislature, trying any contested election, from granting commissions to take testimony, or from sending for and examining before such branch any witnesses it may desire to hear on such trial.

Who may contest.

ARTICLE VIII.

OF CONTESTING THE ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.

SECTION 90. Any qualified elector of the state may contest the election of any person, declared duly elected governor or lieutenant governor of the state of California.

contest to be

SEC. 91. When such elector chooses to contest such election, he Grounds of shall, within twenty days after proclamation thereof, deliver to the specified, etc. presiding officer of each house of the legislature a specification of the grounds of such contest, stating therein that he is a qualified elector of said state, and the specification shall be verified by the affidavit of such elector.

whose election

SEC. 92. As soon as the presiding officers shall have received said Notice to person specifications, they shall forthwith make out a notice in writing, direct- contested. ed to the person whose election is contested, and deliver the same to a sergeant-at-arms, who shall serve such notice forthwith on the persons therein named.

members of

SEC. 93. Said presiding officers shall also immediately give notice Notices to to their respective houses that such specifications of the grounds of legislature. contest have been received.

to be chosen

from each branch of the legislature.

SEC. 94. Each house shall forthwith proceed separately to choose Seven members seven persons, members of its own body, in the following manner: 1st. The names of the members of each house, except the speaker of the assembly, written on similar paper tickets, shall be placed in a box; that is, the names of the senators in the presence of the senate, by their secretary, and of the assembly in their presence, by the clerk. 2d. The secretary of the senate, in the presence of the senate, and the clerk of the assembly, in the presence of the house, shall draw from their respective boxes the names of seven members each. 3d. As soon as the names are thus drawn by each house, notice thereof and of the names of the members drawn, shall be given to the other house, and the names of said fourteen members thus drawn shall be entered on the journals of the houses respectively.

that are chosen

committee to

contested

SEC. 95. The members thus selected shall constitute a committee The members to try and determine such contested election, and for that purpose to constitute a shall hold their meetings publicly at the seat of government, at such determine such time and place as they may designate, and may adjourn from day to election. day or to a day certain, until such trial shall be ended and determined; they shall have power to send for persons and papers, and to take all necessary means to procure testimony, extending like privileges to the contester and the person whose right is contested, and shall report their judgment in the premises to both branches of the legislature, which report shall be entered upon the journals of the respective houses.

to be received.

SEC. 96. The testimony received in such investigation shall be con- What testimony fined to the points contained in the specification of the grounds of contest.

SEC. 97. The judgment of the committee, pronounced in the final

Judgment of

committee final.

Proceedings

where election

decision of said contested election, shall be conclusive as to the validity or invalidity thereof; and, if such election is judged invalid, declared invalid. the office, rendered vacant by such decision, shall be filled in the mode prescribed by the constitution.

ARTICLE IX.

Intimidating or corrupting electors.

False statement

as to name on ticket.

Causing an elector to vote for a person other than he intended.

Voting without being qualified.

Voting more than once.

Inspector, judge, or clerk, intimidating

OF THE PENALTIES FOR MISCONDUCT AT ELECTIONS, AND FOR VIOLA

TIONS OF CERTAIN PROVISIONS OF THIS ACT.

SECTION 98. If any person shall, directly or indirectly, use any tnreats, menace, or force, or any corrupt means or device, at, or previous to, any election held pursuant to this act, towards any elector, to hinder or deter him from voting at such election; or shall attempt by any means whatever to awe, restrain, hinder, or disturb any elector in the free exercise of the right of suffrage, he shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars.

SEC. 99. If any person shall furnish any elector, wishing to vote at any election, held pursuant to the provisions of this act, who cannot read, with a ticket, such person informing or giving such elector to understand that it contains a name or names written or printed thereon different from the name or names which are written or printed thereon, such person shall, upon conviction thereof, be fined in any sum not less than fifty nor more than five hundred dollars.

SEC. 100. If any person shall defraud any elector at any such election by deceiving and causing him to vote for a different person for any office than such elector desired or intended to vote for, or shall fraudulently attempt to deceive, and cause such elector thus to vote for a different person for any office than he intended and desired to vote for, such person, upon conviction thereof, shall be fined in any sum not less than fifty nor more than five hundred dollars.

SEC. 101. If any person, not having the legal qualifications of an elector, shall fraudulently vote, or shall fraudulently attempt to vote at any election, such person, on conviction thereof, shall be fined in any sum not less than twenty nor more than two hundred dollars.

SEC. 102. If any elector shall vote more than once at any election, or shall knowingly hand in two or more tickets folded together, or shall attempt to vote more than once at the same election, he shall, on conviction thereof, be fined in any sum not exceeding five hundred dollars.

SEC. 103. If any inspector, judge, or clerk of any election, while acting as such, shall induce or attempt to induce any elector, either

electors.

by menace, or reward, or promise thereof, to vote differently from or corrupting what such elector shall intend or desire to vote, such person so offending shall, upon conviction thereof, be fined in any sum not less than fifty nor more than five hundred dollars.

unfolding or

SEC. 104. If any inspector, judge, or clerk of an election shall, Inspectors, etc., previous to putting the ballot of any elector in the ballot-box, marking tickets. attempt to pry into or find out any name, or names, on such ballot which shall have been handed in by said elector in a folded form; or if any inspector, judge, or clerk of any election shall open, or suffer the folded ballot of any elector, which has been handed in to the board of judges, to be opened or examined into previous to putting the same into the ballot-box; or if any inspector, judge, or clerk of an election shall make or place any mark or device on any folded ballot which has been handed in to the board of judges by any elector, with a view to ascertain the name of any person, or persons, for whom such elector shall have voted at any such election; or if any inspector, judge, or clerk of an election, without the consent of the elector, shall disclose the name of any person or persons which such inspector, judge, or clerk shall have fraudulently or illegally discovered to have been voted for by such elector at any election, every such inspector, judge, or clerk of an election so offending, upon conviction thereof, shall be fined in any sum not less than fifty nor more than five hundred dollars.

in officers as to

SEC. 105. If the secretary of state, or any inspector, judge, board Misconduct of judges, county clerk, or clerk of an election, or clerk of the district electors. court, on whom any duty is enjoined by this act, shall be guilty of any wilful neglect of such duty, or of any fraudulent or corrupt conduct in the execution of any such duty, he or they so offending shall, on conviction thereof, be fined in any sum not exceeding two thousand dollars, to which may be added imprisonment in the county jail not exceeding one year.

to report to all omissions

county clerks.

SEC. 106. It is hereby made the duty of the secretary of state, Secretary of state after the expiration of sixty days from and after each election for district attorneys governor, lieutenant governor, and representatives in congress, to cer- of duty by tify to the proper district attorneys any and all failures and omissions of the county clerks in their respective counties, to comply with the provisions of this act, in returning or certifying the returns of certificates of any such election to the office of the secretary of state; and every such certificate of the secretary of state, sealed with the state seal, shall be sufficient presumptive evidence of any such failure or omission herein specified on the part of the county judge, [clerk] in any trial or indictment against him therefor.