in case any particular ticket of a political party, or organization, or candidate shall be elected, work in his place or establishment will lease, in whole or in part, or his place or establishment be closed up, or the salaries or wages of his workmen or employees be reduced, or other threats, express or implied, intended or calculated to influence the political opinions or actions of his workmen or employees. This section applies to corporations as well as individuals, and any person or corporation violating the provisions of this section is guilty of a misdemeanor, and any corporation vioEn. February lating this section shall forfeit its charter. 14, 1872. Am'd. 1905, 644. This is a codification of section 41 of the Purity of Elections Act (Stats. 1893, p. 12.)-Code Commissioner's Note. § 60. Betting on elections. Every person who makes, offers, or accepts any bet or wager upon the result of any election, or upon the success or failure of any person or candidate, or upon the number of votes to be cast, either in the aggregate or for any particular candidate, or upon the vote to be cast by any person, is guilty of a misdemeanor. En. February 14, 1872. § 61. Violation of election laws by persons not officers. Every person who willfully violates any of the provisions of the laws of this state relating to elections is, unless a different punishment for such violation 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. En. February 14, 1872. The election laws of the state are found in title II of part III of the Political Code, secs. 1041-1375, inclusive. Act to prohibit piece clubs and prevent extortion from candidates: See post, Appendix, title Elections. § 62. Violation of election laws as to tickets. Every person who prints any ticket not in conformity with the provisions of chapter eight of title two of part three of the Political Code, or who circulates or gives to another any ticket, knowing at the time that such ticket does not conform to the provisions of chapter eight of title two of part three of the Political Code, is guilty of a misdemeanor. En. Stats. 1873-4, 456. Am'd. 1905, 645, The change consists in the insertion of the words "the provisions of chapter eight of title two of part three," in place of "section one thousand one hundred and ninety-one.' Section 1191 does not treat of the form of election ballots, and the reference is therefore inapplicable.-Code Commmissioner's Note. Act to prevent sale of intoxicants on election days: See post, Appendix, title Intoxicating Liquors. § 62a. Circulation of anonymous circulars referring to political candidates. Every person who intentionally writes, prints, posts, or distributes, or causes to be written, printed, posted, or distributed, any círcular, 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. En. Stats. 1901, 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. En. Stats. 1901, 298. § 63. Advancing money by candidate for United States senate. Every candidate for United States stor 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. En. Stats. 1899, 83. § 632. Candidate or member of legislature accepting money. 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 legislature, under an express or implied promise that such member-elect of the legislature, or such candidate for the legislature, 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. En. Stats. 1899, 84. Every per § 63b. Sale of intoxicants on election day. son 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 of 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. En. Stats. 1905. 645. This is a codification of the statute of 1873-4, page 297.-Code Commissioner's Note. § 64. No prosecution against witness 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. En. Stats. 1891, 185. Cal. Rep. Cit. 146, 309; 146, 310; 146, 311; 146, 314; 146, 315. 8 642. Primary elections, provisions relating to. 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. En. Stats. 1899, 59; 1899, 153. [Another act of the same number and in the precise words was also approved March 20, 1899, Stats. 1899, 59.] TITLE V. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE. 71. Resisting officers. Extortion. Officers illegally interested in contracts. § 72. Presenting fraudulent bills or claims for allowance or payment. 73. Buying appointments to office. 74. Taking rewards for deputation. 74a. Retaining part of salary. 75. Exercising functions of office wrongfully. § 76. Refusal to surrender books, etc., to successor. § 77. Sections to apply to administrative and ministerial officers. § 65. Acting in a public capacity without having qualified. Eve 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. En. February 14, 1872. Am'd. 1873-4, 423. Oath of office: Const. Cal., art. XX, sec. 3; see Pol. Code, secs. 904 et seq. § 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. En. February 14, 1872. § 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. En. February 14, 1872. Cal. Rep. Cit. 62, 493; 62, 494; 62, 495; 64, 162. Bribery of legislator: See post, sec. 85. |