of section one thousand one hundred and ninety-one of the Political Code, is guilty of a misdemeanor."

2. Amendment by Stats. 1901, p. 442; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 645; the code commissioner saying, "§ 1191 does not treat of the form of election ballots, and the old form of reference is therefore inapplicable."

§ 62a. Circulation of anonymous circulars referring to political candidates, a misdemeanor. Every person who intentionally writes, prints, posts, or distributes, or causes to be written, printed, posted, or distributed, any circular, pamphlet, letter, or poster which is designed or intended to injure or defeat any candidate for nomination or election to any public office by reflecting upon his personal character or political action, unless there appears upon such circular, pamphlet, letter, or poster, in a conspicuous place, either the name of the chairman and secretary or the names of two officers at least of the political or other organization issuing the same, or the name and residence, with the street and number thereof, if any, of some voter of this state, and responsible therefor, shall be guilty of a misdemeanor.

Legislation § 62a. Added by Stats. 1901, p. 297.

§ 62b. Printer must put imprint on printed matter. Every person who prints any circular, pamphlet, letter, or poster of the kind or character mentioned in section sixtytwo a of this code, without adding thereto his name, showing the printing-office at which the same was printed, is guilty of a misdemeanor.

Legislation § 62b. Added by Stats. 1901, p. 298.

§ 63. United States senator, candidates for, must not give or promise pecuniary aid to legislative candidates. Every candidate for United States senator at an approaching session of the legislature, and every person acting for or on behalf of any such candidate for senator in the Congress of the United States at an approaching session of the legislature, who shall advance or give or loan, or promise to advance or give or loan, any money or property to any candidate for the legislature, before or after his nomination, or before or after his election, under an express or implied promise that such candidate for the legislature (whether nominated or not, or before or after his election) will support or vote for such candidate for senator in the Congress of the United States at an approaching session of the legislature, shall be deemed guilty of a felony. The advancing, giving, or loaning of money or property, or the promise to advance, give, or loan money or property to any candidate ·

for the legislature, by any candidate for senator as aforesaid, or by any person for him, or on his behalf, as aforesaid, shall be deemed prima facie proof of an express or implied agreement that such candidate for the legislature will, if elected to the legislature, vote for such candidate for senator in Congress.

Legislation § 63. Added by Stats. 1899, p. 83.

§ 6312. Members of legislature shall not accept any valuable consideration. Every person being a member-elect of the legislature, and every person being a candidate for the legislature, and every person being a candidate for nomination for the legislature, who shall accept any money or property from any candidate for senator in the Congress of the United States before the legislature at an approaching session thereof, or from any other person acting for or on behalf of any such candidate for senator in the Congress of the United States at an approaching session of the legis lature, under an express or implied promise that such member-elect of the legislature, or such candidate for the legis lature, or candidate for nomination for the legislature, will, if elected as a member of the legislature, support or vote for any such candidate for senator in the Congress of the United States for that office, shall be deemed guilty of a felony. The receipt of money or property by any member-elect of the legislature, and by any candidate for the legislature, and by any candidate for nomination for the legislature, from any candidate before the legislature for senator in Congress at an approaching session of the legislature as aforesaid, or from any person acting for or on behalf of any such candidate for senator in Congress as aforesaid, shall be prima facie proof of an express or implied agreement that such member-elect of the legislature will vote for such candidate for senator as aforesaid, and that such candidate, or candidate for nomination for the legislature, will, if elected, vote for such candidate for senator as aforesaid.

Legislation § 632. 1. Added by Stats. 1899, p. 84.

2. Amendment by Stats. 1901, p. 442, merely renumbering the section 63a; unconstitutional. See note, § 5, ante.

§ 63b. Sale of intoxicants on election days. Every person keeping a public house, saloon, or drinking-place, whether licensed or unlicensed, who sells, gives away, or furnishes spirituous or malt liquors, wine, or any other intoxicant, on any part of any day set apart for any general or special election, in any election district or precinct in any county in the state where an election is in progress, during

the hours when by law the polls are required to be kept open, is guilty of a misdemeanor.

Legislation § 63b. 1. Addition by Stats. 1901, p. 442; unconstitutional. See note, § 5, ante.

2. Added by Stats. 1905, p. 645; the code commissioner saying, "This is a codification of the statute of 1873-74, p. 297."

§ 64. No prosecution against witnesses testifying in election cases. No person, otherwise competent as a witness, shall be disqualified or excused from testifying concerning any of the offenses enumerated and prescribed in this title, on the ground that such testimony may criminate himself; but no prosecution can afterwards be had against such witness for any such offense concerning which he testified for the prosecution.

Legislation § 64. Added by Stats. 1891, p. 185.

§ 642. Punishment of offenses against primary election laws. All the provisions of sections forty to sixty-four of this code, both inclusive, shall apply with like force and effect to elections, known and designated as primary elections, held and conducted under official supervision pursuant to law and to registration therefor, as to other elections, whether the word "primary" be used in connection with the word "election" or "elections" used in said sections or not.

Legislation § 642. Added by Stats. 1899, p. 59, and became a law, under constitutional provision, without governor's approval, March 4, 1899. At the same session of the legislature, another section 64% was passed which was approved by the governor, March 20, 1899 (Stats 1899, p. 153). The language of the two sections was

the same.

§ 64b. Misrepresentation in securing signers. Circulation of false statements. Petitions containing false signatures. Signing more than once. Penalty. 1. It shall be unlawful for any person circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any petition authorized or provided for by the constitution or laws of the State of California regulating the initiative, referendum or recall to misrepresent or make any false statement concerning the contents, purport or effect of any such petition to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries with reference to any such petition, or to whom any such petition is presented for his or her signature.

2. It shall be unlawful for any person to willfully or knowingly circulate, publish or exhibit any false statement or misrepresentation concerning the contents, purport or ef fect of any petition mentioned in this section for the pur

'pose of obtaining any signature to any such petition or for the purpose of persuading any person to sign any such petition.

3. It shall be unlawful for any person to file in the office of the clerk or other officer provided by law to receive such filing, any petition mentioned in this section to which is attached, appended or subscribed any signature which the person so filing such petition knows to be false or fraudulent or not the genuine signature of the person purporting to sign such petition or whose name is attached, appended, or subscribed thereto.

4. It shall be unlawful for any person to circulate, or cause to be circulated, any petition mentioned in this section, knowing the same to contain false, forged or fictitious

names.

5. It shall be unlawful for any person to make any false affidavit concerning any petition mentioned in this section or the signatures appended thereto.

6. It shall be unlawful for any public official or employee knowingly to make any false return, certification or affidavit, concerning any petition mentioned in this section, or the signatures appended thereto.

7. It shall be unlawful for any person to knowingly sign his own name more than once to any petition mentioned in this act, or to sign his name to any such petition knowing himself at the time of such signing not to be qualified to sign the same.

8. Any person, either as principal or agent, violating any of the provisions of this section is punishable by imprisonment in the state prison, or in a county jail, not exceeding two years, or by fine not exceeding five thousand dollars, or by both.

Legislation § 64b. Added by Stats. 1915, p. 55.

TITLE V.

Crimes by and against the Executive Power of the State.

§65. Acting in a public capacity without having qualified.

Acts of officers de facto not affected.

Giving or offering bribes to executive officers.

Resisting officers.

Violation of laws prohibiting certain officers from dealing in scrip, etc., and from being interested in contracts.

§ 66.

$67.

$ 68.

Asking or receiving bribes.

§ 69.

$ 70.

Extortion.

§ 71.

§ 72.

873.

Buying appointments to office.

§ 76.

Refusal to surrender books, etc., to successor.

877.

Fraudulently presenting bills or claims to public officers for allowance or payment.

Preceding sections to apply to administrative and ministerial officers.

§. 65. Acting in a public capacity without having qualified. 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 1874; Code Amdts. 1873-74, p. 423.]

Oath of office: Const., art. XX, § 3; see Pol. Code, §§ 904 et seq. Legislation § 65. 1. Enacted February 14, 1872 (based on Field's Draft, § 96, N. Y. Pen. Code, § 42), and then read: "Every person who exercises any of the functions of a public office without having taken and filed the oath of office, or without having executed and filed the required bond, is guilty of a misdemeanor, and forfeits his right to the office."

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

§ 66. Acts of officers de facto not affected. 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.

Legislation § 66. Enacted February 14, 1872; identical with Field's Draft, § 97, N. Y. Pen. Code, § 43.

§ 67. Giving or offering bribes to executive officers. 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.