any ballot other than the one he has received from the ballot clerk. No voter shall place any mark upon his ballot by which it may be afterward identified as the one voted by him. No person shall solicit a vote or speak to a voter on the subject of marking his ticket within one hundred feet of the polling place. [New section added March 20, 1891; Stats. 1891, p. 178. In effect July 1, 1891.] § 1216. In all counties and cities and counties in this State having a registrar of voters and a board of election commissioners, the powers conferred and the duties imposed by this Code upon the county clerks and other officers, in relation to matters of election and polling places, shall be exercised and performed by such registrar of voters and board of election commissioners, and all certificates of nomination required by this Code to be made to county clerks shall be made to the registrar of voters. [New section added March 20. 1891; Stats. 1891, p. 178. In effect July 1, 1891.] CHAPTER IX. VOTING AND CHALLENGES. §1224. Voting, when to commence and continue. §1225. § 1226. 1227. §1228. 1229. 1230. § 1231. 1232. § 1233. § 1234. 1235. § 1236. § 1237. Manner of voting. Announcement of voter's name, etc. Record that person has voted, how kept. Grounds of challenge. Proceedings on challenge for want of identity. Same. § 1238. If person refuses to be sworn, vote to be rejected. Rules for the determination of questions of residence. § 1239. Term of residence, how computed. § 1240. § 1241. Rules must be read, if requested. § 1242. §1243. Proceedings upon determination of challenge. § 1224. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain open. 1225. The person offering to vote must hand his ballot to the inspector, or to one of the judges acting as inspector, and announce his name and the number affixed to it on the register in use at the precinct where he offers his vote; provided, that in incorporated cities and towns the said person shall also give the name of the street, avenue, or location of his residence, and the number thereof, if it be numbered, or such clear and definite description of the place of such residence as shall definitely fix the same. [Amendment approved March 30, 1878; Amendments 1877-8, p. 26. In effect in sixty days. See note to sec. 1227.] Announce his number-not required at special elections: See sec. 5 of Act in Stats. 1878, p. 73. Register in use-printed copies to be posted: Sec. 1149; copies not to be torn or defaced: Sec. 1150. Pol. Code-22. Register number: See sec. 1149, ante. Election and registration law for San Francisco: See act creating board of election commissioners, etc., Stats. 1878, p. 299. § 1226. The inspector, or judge acting as such, must receive the ballot, and before depositing it in the ballot-box must, in an audible tone of voice, announce the name and register number; provided, that in incorporated towns and cities the said inspector, or judge acting as such, shall also announce the residence of the person voting, and the same shall be recorded on the poll list by the poll clerk. [Amendment approved March 30, 1878; Amendments 1877-8, p. 26. In effect in sixty days. See note to sec. 1227.] Amendment 1878-not to affect local law for San Francisco, described in note to sec. 1225. § 1227. If the name be found on the register in use at the precinct where the vote is offered, and the vote is not rejected upon a challenge taken, the inspector, or judge acting as such, must, in the presence of the board of election, place the ballot, without opening or examining the same, in the ballot-box; and no person shall be allowed to vote whose name is not on said register in use at the precinct. [Amendment approved March 30, 1878; Amendments 1877-8, p. 26. In effect in sixty days.] [Note. The act of March 30, 1878, amends sections 1225, 1226, 1227, 1228, 1094, and 1113, and adds: Before the fifth day of August, in each year in which there shall be a general or Presidential election, each county clerk must make a copy of the uncanceled entries existing on the Great Register on the preceding first day of August. The Board of Supervisors of any county may, by order, provide for the preparation and distribution of township or precinct registers for each township, instead of copies of the Great Register. For the purposes of registration and preparation of a new Great Register, or of township or precinct registers and copies thereof, if ordered by the Board of Supervisors, the County Clerk must employ such assistants, and for such times, and at such compensation, as shall, from time to time, be authorized by said Board, which shall be paid out of the County Treasury. Such order may be repealed and re-enacted as often as the Board of Supervisors may deem expedient. But for later enactment, see sec. 1113.] The act containing the last above three amendments provided that nothing therein contained should be construed to repeal any special election or registration law applicable to the city and county of San Francisco alone, but should be construed as if it had been passed prior thereto. See ante, sec. 1117, and statutes following; and sec. 1191, and statute. Challenge: See secs. 1230 et seq. § 1228. When the ballot has been placed in the box, one of the judges must write the word "Voted" opposite the number of the person on the printed copy of the register. [Amendment approved April 16, 1880; Amendments 1880, p. 80. In effect April 16, 1880.] Printed copy of register: Sec. 1115. Write the word "Voted"-letter "V" may be substituted at special elections: See sec. 3 of Act in Stats. 1878, p. 73. In reference to record of voting in cases of special elections: See ante, sec. 1117. § 1229. Each Clerk must keep a list of persons voting, and the name of each person who votes must be entered thereon and numbered in the order of voting. Official entry as prima facie evidence of facts stated therein: Code Civ. Proc., sec. 1926. 1230. A person offering to vote may be orally challenged by any elector of the county upon either or all of the following grounds: 1. That he is not the person whose name appears on the register. 2. That he has not resided within the State one year next preceding the election. 3. That he has not been a naturalized citizen of the United States for ninety days prior to the election. 4. That he has not resided within the county for ninety days preceding the election. 5. That he has not resided within the precinct for thirty days next preceding the election. 6. That he has before voted that day. 7. That he has been convicted of an infamous crime. 8. That he has been convicted of the embezzlement or misappropriation of public money. [Amendment approved April 16, 1880; Amendments 1880, p. 80. In effect April 16, 1880.] Section conforms to requirements of section 1083, as amended 1880. List of challenges to be kept: Sec. 1243. Subd. 1. Identity: See secs. 1231, 1236, subd. 1, 1237. Subd. 2. One year's residence in State: See secs. 1232, 1237. Residence for voting purposes, rules for determining place of: Sec. 1239. Subd. 3. Naturalization for ninety days: See sec. 1083 and notes; also see sec. 1237. Subd. 4. secs. 1083, Subd. 6. subd. 2. Subd. 7. Ninety days' residence in county: See 1233, 1237, 1239. Previous voting: See secs. 1234, 1236, Conviction for infamous crime: See secs. 1084, 1235, 1237. Subd. 8. Conviction for embezzlement, etc.: See secs. 1084, 1235, 1237. § 1231. If the challenge is on the ground that he is not the person whose name appears on the Great Register, the Inspector must tender him the following oath: "You do swear [or affirm] that you are the person whose name is entered on the Great Register." Taking the oath tendered determines challenge in favor of party challenged: Sec. 1236, subd. 1. Necessity of: Sec. 1237. Refusal bars vote: Sec. 1238. See also Penal Code, sec. 43. § 1232. If the challenge is on the ground that he has not resided in the State for one year next preceding the election, the person challenged |