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TITLE III.

Offenses against the Sovereignty of the State.

§ 37. Treason, who only can commit.

§ 38. Misprision of treason.

§ 37. Treason, who only can commit. Treason against this state consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the state. The punishment of treason shall be death.

Constitutional provisions. Treason against a state is an offense at common law, and is so recognized in the constitution of the United States: See U. S. Const., art. iv, § 2. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court: Const., art. i, § 20; see also U. S. Const., art. iii, § 3.

Two witnesses necessary: See Code Civ. Proc., § 1968.
Owing allegiance to the state: See Pol. Code, §§ 55, 56.

Legislation § 37. Enacted February 14, 1872; based on Field's Draft, §§ 57, 60, N. Y. Pen. Code, §§ 37, 38; also based on Crimes and Punishment Act, Stats. 1850, p. 231, §§ 16, 17, which read: "§ 16. Crimes against the government and people shall consist in treason and misprision of treason, and can be committed only by persons owing allegiance to the state. § 17. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court. The punishment of treason shall be death. When the overt act of treason shall be committed without the limits of this state, the person charged therewith may be arrested, tried, and punished in any county of this state within the limits of which he may be found, and the offense may be charged to have been committed in the county where he may be arrested."

§ 38. Misprision of treason. Misprision of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment in the state prison for a term not exceeding five years.

Legislation § 38. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 231, § 18, which read: "§ 18. Misprision of treason shall consist in the knowledge and concealment of treason, without otherwise assenting to, or participating in the crime. Any person being found guilty thereof shall be punished by confinement in the state prison for any term not exceeding five years."

TITLE IV.

Crimes against the Elective Franchise.

§ 40. Person acting as election officer without appointment.

§ 41. Violation of election laws by certain officers a felony. § 42. Fraudulent registration a felony.

§42a. Allowing fraudulent registration.

$ 43. Refusal to be sworn by or to answer questions of board of judges of election a misdemeanor.

§ 44. Refusal to obey summons of board of registration a misdemeanor.

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§ 48.

§ 49.

Changing ballots or altering returns by election officers, felonies.
Officers of election unfolding or marking ballots.

§ 50.

$51.

Adding to or subtracting from votes cast.

§ 49a. Officer of election who cannot read or write or refusing to serve. Forging or altering returns.

$50a. Penalty for signing false name to petitions.

§ 52.

Persons aiding and abetting or concealing guilty of felony. § 53. Intimidating, corrupting, deceiving, or defrauding electors, a

felony.

$54. Furnishing money for elections except for specific purposes. § 54a. Receiving or contracting for any money or thing of value for voting or not voting.

§ 54b. Promising or contributing any money or valuable consideration for a person's voting or not voting.

$55. Unlawful offers to procure offices for electors.

§ 55a. Soliciting or demanding that a candidate vote for or against any measure or bill.

$56. Communicating such offer.

$ 57. Giving or offering bribes to members of legislative caucus, etc. § 57a. Officers of election aiding in wrong-doing.

$58.

Preventing public meetings.

$ 59.

Force, violence, or restraint used to influence vote.

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§ 62a.

Circulation of anonymous circulars referring to political candidates, a misdemeanor.

§ 62b. Printer must put imprint on printed matter.

§ 63. United States senator, candidates for, must not give or promise pecuniary aid to legislative candidates.

§ 631. Members of legislature shall not accept any valuable consideration.

§ 63b. Sale of intoxicants on election days.

§ 64. No prosecution against witnesses testifying in election cases. $64. Punishment of offenses against primary election laws.

§ 64b. Misrepresentation in securing signers. Circulation of false statements. Petitions containing false signatures. Signing more than once. Penalty.

§ 40. Person acting as election officer without appointment. Any person who acts as an election officer at any

election, without first having been appointed and qualified as such, and any person who, not being an election officer, performs or discharges any of the duties of an election officer, in regard to the handling or counting or canvassing of any ballots cast at any election, shall be guilty of a felony, and on conviction be punished by imprisonment in the state prison for not less than two nor more than seven years.

Legislation § 40. Added by Stats. 1895, p. 74.

§ 41. Violation of election laws by certain officers a felony. Every person charged with the performance of any duty, under the provisions of any law of this state relating to elections, who willfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, is, unless a different punishment for such acts or omissions 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.

Legislation § 41. Enacted February 14, 1872; based on Stats. 1867-68, pp. 647-655.

§ 42. Fraudulent registration a felony. Every person who willfully causes, procures, or allows himself to be registered in any register of electors required by law to be made or kept, knowing himself not to be entitled to such registration, is punishable by imprisonment in the state prison for not less than one nor more than three years. [Amendment approved 1905; Stats. 1905, p. 639.]

Legislation § 42. 1. Enacted February 14, 1872 (based on Stats. 1865-66, p. 299, § 34), and then read: "Every person who willfully causes, procures, or allows himself to be registered in the great register of any county, knowing himself not to be entitled to such registration, is punishable by fine not exceeding one thousand dollars, or by imprisonment in the county jail or state prison not exceeding one year, or by both. In all cases where, on the trial of a person charged with any offense under the provisions of this seetion, it appears in evidence that the accused stands registered in the great register of any county, without being qualified for such registration, the court must order such registration to be canceled." 2. Amendment by Stats. 1901, p. 436; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 639; the code commissioner saying, "The amendment conforms the section to § 21 of the Purity of Elections Act (Stats. 1893, p. 12)."

§ 42a. Allowing fraudulent registration. Every person who willfully causes, procures, or allows any other person to be registered in any register of electors required by law to he made or kept, knowing him not to be entitled to such

registration, is punishable by imprisonment in the state prison for not less than one nor more than three years. Legislation § 42a. 1. Addition by Stats. 1901, p. 436; unconstitu tional. See note, § 5, ante.

2. Added by Stats. 1905, p. 639; the code commissioner saying, "This is a codification of § 22 of the Purity of Elections Act (Stats. 1893, p. 12)."

§ 43. Refusal to be sworn by or to answer questions of board of judges of election a misdemeanor. Every person who, after being required by the board of judges at any election, refuses to be sworn, or, being sworn, refuses to answer any pertinent question, propounded by such board, touching the right of another to vote, is guilty of a misdemeanor. [Amendment approved 1874; Code Amdts. 1873-74, p. 423.]

Legislation § 43. 1. Enacted February 14, 1872 (based on Stats. 1865-66, p. 511, § 5), and then read: "Every person who, after being required by the board of judges at any election, refuses to be sworn, or who, after being sworn, refuses to answer any pertinent question propounded by such board touching his right, or the right of any other person to vote, is guilty of a misdemeanor."

2. Amended by Code Amdts. 1873-74, p. 423.

§ 44. Refusal to obey summons of board of registration a misdemeanor. Every person summoned to appear and testify before any board of registration, who willfully disobeys such summons, is guilty of a misdemeanor.

Legislation § 44. Enacted February 14, 1872; based on Stats. 1867-68, p. 652, § 15.

§ 45. Fraudulent voting. Every person not entitled to vote who fraudulently votes, and every person who votes more than once at any one election, or knowingly hands in two or more tickets, folded together, or changes any ballot after the same has been deposited in the ballot-box, or adds, or attempts to add, any ballot to those legally polled at any election, by fraudulently introducing the same into the ballot-box either 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 lawfully polled, 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 carries away or destroys, or attempts to carry away or destroy, any poll-lists, or ballots, or ballot-box, for the purpose of breaking up or invalidating such election, or willfully detains, mutilates, or destroys any election returns, or in any manner so interferes with the officers holding such election or conducting such canvass, or with the voters law

fully exercising their rights of voting at such election, as to prevent such election or canvass from being fairly held and lawfuly conducted, is guilty of a felony. [Amendment approved 1905; Stats. 1905, p. 639.]

Legislation § 45. 1. Enacted February 14, 1872; based on Stats. 1855, p. 296, § 1; Stats. 1858, p. 165, § 1.

2. Amendment by Stats. 1901, p. 436; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 639, (1) omitting the word "either" before "by fraudulently introducing" and inserting it before the words "before or after the ballots"; (2) changing "poll-list" to "poll-lists"; (3) adding the article "a" before "felony" at end of section; the code commissioner saying, "Two clerical errors are correeted. The word 'illegally,' before 'polled,' is changed to 'legally' [the code commissioner is in error; the word "legally" is correctly printed in the original code]; and the word 'either' is omitted after 'elector,' [sic] and inserted between 'ballot-box' and 'before.'"

§ 46. Attempting to vote when not qualified. Every person not entitled to vote, who fraudulently attempts to vote, or who, being entitled to vote, attempts to vote more than once at any election, or who personates, or attempts to personate, a person legally entitled to vote, is punishable by imprisonment in the state prison for not less than one nor more than two years. [Amendment approved 1905; Stats. 1905, p. 640.]

Legislation § 46. 1. Enacted February 14, 1872 (based on Elections Act, Stats. 1850, p. 111, § 101), and then read: "Every person not entitled to vote, who fraudulently attempts to vote, or who, being entitled to vote, attempts to vote more than once at any election, is guilty of a misdemeanor."

2. Amendment by Stats. 1901, p. 437; unconstitutional. § 5, ante.

See note,

3. Amended by Stats. 1905, p. 640; the code commissioner saying, "§ 24 of the Purity of Elections Act (Stats. 1893, p. 12) is here codified."

§ 47. Procuring illegal voting. Every person who proeures, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, or who aids or abets in the commission of any of the offenses mentioned in the preceding section, is punishable by imprisonment in the state prison not exceeding two years. [Amendment approved 1905; Stats. 1905, p. 640.]

Legislation § 47. 1. Enacted February 14, 1872 (based on Stats. 1865–66, p. 511, § 8), and then read: "Every person who procures, aids, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, is guilty of a misdemeanor."

2. Amendment by Stats. 1901, p. 437; unconstitutional. See note, § 5, ante.

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