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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 section one thousand one hundred and ninety-one 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 section one thousand one hundred and ninety-one of the Political Code, is guilty of a misdemeanor. En. Stats. 1873-4, 456.

Act to prevent sale of intoxicants on elections days: See post, Appendix, title Intoxicating Liquors.

§ 62a. Circulating anonymous circulars relating to candidate 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. 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 sixty

two 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 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.

§ 64. No prosecution' against witness 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.

§ 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.]

§ 66.

§ 67.

TITLE V.

OF 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.

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§ 72.

Presenting fraudulent bills or claims for allowance or payment.

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§ 76.

§ 77.

Sections to apply to administrative and ministerial officers.

$ 65.

Refusal to surrender books, etc., to successor.

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. En. February 14, 1872. Am'd. 1873-4, 423.

Oath of office: secs. 904 et seq.

Const. Cal., art. XX, sec. 3; see Pol. Code,

§ 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 pro

ceeding 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; 6, 495; 64, 162.

Bribery of judicial officer: See post, sec. 92.
Bribery of legislator: See post, sec. 85.

§ 68. Asking or receiving bribes. Every executive officer, 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 nor 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. Registering 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.

Extortion by judicial officer: See post, sec. 94.

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