election, or allows another to do so, when in his power to prevent it, or carries away or destroys, or knowingly allows another to carry away or destroy, any poll-list, ballot-box, or ballots lawfully polled, is punishable by imprisonment in the state prison for not less than two nor more than seven years. En. Stats. 1905, 644. codification of section 26 of the Purity of Elections Act (Stats. 1893, p. 12.)-Code Commissioner's Note. This is a § 58. Preventing public meetings. Every person who, by threats, intimidations, or unlawful violence, willfully hinders or prevents electors from assembling in public meeting for the consideration of public questions, is guilty of a misdemeanor. En. February 14, 1872. § 59. Force, violence or restraint used to influence votes. It is unlawful for any person, directly or indirectly, by himself or any other person in his behalf, to make use of, or threaten to make use of, any force, violence, or restraint, or to inflict or threaten the infliction, by himself or through any other person, of any injury, damage, harm, or loss, or in any manner to practice intimidation upon or against any person, in order to induce or compel such person to vote or refrain from voting at any election, or to vote or refrain from voting for any particular person or persons at any election, or on account of such person or persons at any election, or on account of such person having voted or refrained from voting at any election. And it is unlawful for any person, by abduction, duress, or any forcible or fraudulent device or contrivance whatever, to impede, prevent, or otherwise interfere with the free exercise of the elective franchise by any voter; or to compel, induce, or prevail upon any voter either to give or refrain from giving his vote at any election, or to give or refrain from giving his vote for any particular person or persons at any election. It is not lawful for any employer, in paying his employees the salary or wages due them, to inclose their pay in "pay envelopes” upon which there is written or printed the name of any candidate, or any political mottoes, devices, or arguments containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employees. Nor is it lawful for any employer, within ninety days of any election, to put up or otherwise exhibit in his factory, workshop, or other establishment or place where his workmen or employees may be working, any hand-bill or placard containing any threat, notice, or information, that 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. § 6312. 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. § 63b. Sale of intoxicants on election day. Every person keeping a public house, saloon, or drinking place, whether licensed or unlicensed, who sells, gives away, or 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 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 misde En. Stats. 1901, 297. meanor. § 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 senator at an approaching session of the legislature, and every person aeting 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. § 6342. 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. § 63b. Sale of intoxicants on election day. Every person keeping a public house, saloon, or drinking place, whether licensed or unlicensed, who sells, gives away, or nor § 68. Asking or receiving bribes. Every executive offi. cer, or person elected or appointed to an executive office, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his vote, opinion, or action upon any matter then pending, or which may be brought before him in his official capacity, shall be influenced thereby, is punishable by imprisonment in the state prison not less than one more than fourteen years; and, in addition thereto, forfeits his office, and is forever disqualified from holding any office in this state. En, February 14, 1872. Cal. Rep. Cit. 64, 158; 68, 550; 137, 14; 137, 15; 137, 16. § 69. Resisting officers. Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer, in the performance of his duty, is punishable by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding five years. En. February 14, 1872. Resisting officers: See, generally, post, sec. 148. § 70. Extortion. Every executive or ministerial officer who knowingly asks or receives any emolument, gratuity, or reward, or any promise thereof, excepting such as may be authorized by law, for doing any official act, is guilty of a misdemeanor. En. February 14, 1872. Am’d. 1873-4, 423. Cal. Rep. Cit. 60, 117; 145, 638. § 71. Officers illegally interested in contracts. Every officer or person prohibited by the laws of this state from making or being interested in contracts, or from becoming a vendor or purchaser at sales, or from purchasing scrip, or other evidences of indebtedness, who violates any of the provisions of such laws, is punishable by a fine of not more than one thousand dollars, or by imprisonment in the state prison not more than five years, and is forever disqualified from holding any office in this state. En. February 14, 1872. Cal. Rep. Cit. 125, 122. § 72. Presenting fraudulent bills or claims for allowance or payment. Every person who, with intent to defraud, Pen. Code-5 |