policy and sound morality.-Hickerson v. Benson, 8 Mo. 8, 40 Am. Dec. 113.

9. A bet on an election, whether made before or after the election, would be illegal as against public policy.-Morgan v. Pettit, 3 Scam. (Ill.) 529.

10. Election was not matter of interest to person who resided out of state where election was to occur, a bet on an election

is not illegal.-Morgan v. Pettit, 3 Scam. (Ill.) 529.

11. Wagers on result of election of president is within statute.-See Covington v. State, 28 Tex. App. 225, 14 S. W. 126.

12.

Necessity of completed bet, to constitute an offense.-See Rich v. State, 38 Tex. Cr. Rep. 199, 38 L. R. A. 719, 42 S. W. 291.

§ 61. VIOLATION OF ELECTION LAWS BY PERSONS NOT OFFICERS. Every person who wilfully 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. History: Enacted February 14, 1872.

§ 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 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.

History: Enacted March 30, 1874, Code Amdts. 1873-4, p. 456; amended by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 442, held unconstitutional, see history, § 5, ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 645.

§ 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.

History: Enacted March 15, 1901, Stats. and Amdts. 1900-1, 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 sixty-two a (62a) of this code, without adding thereto his name, showing the printing office at which the same was printed, is guilty of a misdemeanor.

History: Enacted March 15, 1901, Stats. and Amdts. 1900-1, p. 298.

§ 63. UNITED STATES SENATOR, CANDIDATES FOR, MUST NOT GIVE OR PROMISE PECUNIARY AID TO LEGISLATIVE CANDIDATES. [Repealed.]

History: Enacted March 9, 1899, Stats. and Amdts. 1899, p. 83; repeal approved April 24, 1917, Stats. and Amdts. 1917, p. 170.

§ 6312. MEMBERS OF LEGISLATURE SHALL NOT ACCEPT ANY VALUABLE CONSIDERATION. [Repealed.]

History: Enacted March 9, 1899, Stats. and Amdts. 1899, p. 84; repeal approved April 24, 1917, Stats. and Amdts. 1917, p. 170.

§ 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 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.

History: Enacted March 21, 1905, Stats. and Amdts. 1905, p. 645.

1. As to sale of intoxicating liquors on election day, see Wolf v. State, 59 Ark. 297, 43 Am. St. Rep. 34, 27 S. W. 77, holding that it was no defense that the giving

away of such liquors had no connection with reference to the election then being held.

§ 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 aganist such witness for any such offense concerning which he testified for the prosecution. History: Enacted March 20, 1891, Stats. and Amdts. 1891, p. 185. WITNESS IN ELECTION CASE-PROSE

CUTION OF.

1.2. Construction-Object of § 32, County Election Law.

3. Same "Offense with reference to which his testimony was given."

4, 5. Constitutional privilege.

6. Promisee of office and patronage.
7. Recipient of money expended by candi-
date.

8. Testimony-By a deputy registrar.

1. Construction-Object of section 32 of Purity of Elections Law (see Henning's General Laws, 1st ed., p. 334, act repealed by Purity of Elections Law of 1907, Henning's General Laws, 3d ed., p. 619,-and corresponding provision is now found in $$ 31, 32 of Direct Primary Law of 1913, 1 Henning's General Laws, 3d ed., p. 667) is to secure evidence for conviction of offenders against provision of other sections of statute, but only on trial or prosecution, lawful investigation, or judicial proceeding against another person for offending against provisions enumerated in sections, can witness who has himself offended against these provisions be compelled to testify that offenses referred to are those against the purity of elections which require the co-operation of two or more persons.-Ex parte Cohen, 104 Cal. 524, 531, 43 Am. St. Rep. 127, 26 L. R. A. 423, 38 Pac. 364. See People v. Sternberg, 111 Cal. 3, 8, 43 Pac. 178.

2. The object of such provision is simply to provide one coming within its terms

with an absolute legal defense to any prosecution that may hereafter be institute d against him for any offense concerning which he may have testified. It simply means that the showing of the facts therein stated, when made to the court having jurisdiction of the case, shall be a full and complete defense to any prosecution thereafter instituted, and such construction satisfies the constitutional guaranty, and hence prohibition will not lie to prevent trial court from proceeding on an indictment charging one with violating section 41 of Penal Code on ground that he has testified to such offense before the grand jury, the court having jurisdiction.-Rebstock v. Superior Court, 146 Cal. 308, 315, 80 Pac. 65.

3. Same-"Offense with reference to which his testimony given."-Expression "offense with reference to which his testimony was given" is broader in its terms and has wider scope than the expression "the offense with which the defendant is charged," and if in giving such testimony it has reference to another offense committed by himself, he is within the protection of the statute.-Ex parte Cohen, 104 Cal. 524, 43 Am. St. Rep. 127, 26 L. R. A. 423, 38 Pac. 364. See People v. Sternberg, 111 Cal. 3, 8, 43 Pac. 178.

4. Constitutional privilege-Witness can not refuse to answer question put to him on the trial of another, charged with violation of such act, under the constitutional provision that a person can not be compelled to testify against himself.-Ex parte

Cohen, 104 Cal. 524, 43 Am. St. Rep. 127, 26
L. R. A. 423, 38 Pac. 364.

5. Nor is witness in election contest privileged from testifying as to the giving of money by the contestee on such ground. -Ex parte Cohen, 104 Cal. 524, 43 Am. St. Rep. 127, 26 L. R. A. 423, 38 Pac. 364, following Ex parte Cohen, 104 Cal. 524, 43 Am. St. Rep. 127, 26 L. R. A. 423, 38 Pac. 364.-Bradley v. Clark, 133 Cal. 196, 207, 65 Pac. 395.

6. Promisee of office and patronage for procuring election of promisor who has acted on the promise, is not within immunity granted by Purity of Elections Law,

section 32.-Bradley v. Clark, 133 Cal. 196, 207, 65 Pac. 395.

7. Recipients of money expended by candidate in excess of the amount fixed by law are not within protection of section 32 of Purity of Elections Act.-Bradley v. Clark, 133 Cal. 196, 207, 65 Pac. 395.

8. Testimony-By a deputy registrar in an action to procure cancelation of names alleged to have been illegally and improperly placed upon the voting register that he was a deputy registrar will not give him immunity from prosecution for fraudulently procuring the registration of person not entitled to be registered.-People v. Sternberg, 111 Cal. 3, 7, 43 Pac. 198.

§ 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.

History: Enacted and became a law under constitutional provision, without governor's approval, March 4, 1899, Stats. and Amdts. 1899, p. 59. The identical section was re-enacted by the same legislature, March 20, 1899, Stats. and Amdts. 1899, p. 153. PRIMARY ELECTION INCLUDED. Election' 99 2. Indictment.

1.

as including primary election.

1. "Election" includes primary election. -See Commonwealth v. Wells, 110 Pa. St. 463, 1 Atl. 310.

See, ante, § 55, note par. 1; 9 L. R. A. 170; 3 W. & P. 2335.

2.

Indictment charging defendant with giving money to induce person to procure at primary election the election of certain delegates to county convention is not sustained by section 19, subdivision 9, or by section 25 of Act to Promote Purity of Elections.-People v. Cavanaugh, 112 Cal. 674, 677, 44 Pac. 1057.

§ 64b. MISREPRESENTATION IN SECURING SIGNERS TO PETITIONS PROHIBITED. 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. [Circulation of false statements unlawful.] It shall be unlawful for any person to wilfully or knowingly circulate, publish or exhibit any false statement or misrepresentation concerning the contents, purport or effect of any petition mentioned in this section for the purpose of obtaining any signature to any such petition or for the purpose of persuading any person to sign any such petition.

3. [Petitions containing false signatures not to be filed.] 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. [Unlawful to sign more than once.] 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. [Penalty.] 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.

History: Enactment approved April 12, 1915, Stats. and Amdts. 1915, p. 55. In effect August 8, 1915.

2. Indictment for false affidavit (subdivision 5)—Sufficiency of without alleging that accused caused, consented to or permitted the affidavit to be used or filed; it is sufficient if it is alleged that the false affidavit was filed.-People v. Carroll, 39 Cal. App. 654, 180 Pac. 49.

As to when a false affidavit to a recall, etc., petition is not perjury, see, post, § 118, note par. 12; and § 124, note par. 5.

$ 65.

TITLE V.

OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE.

Acting in a public capacity without
having qualified.

§ 72. Fraudulently presenting bills or claims

§ 66.

§ 67.

Acts of officers de facto not affected.
Giving or offering bribes to executive

§ 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.

History: Enacted February 14, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 423.
WRONGFULLY ACTING IN PUBLIC
CAPACITY.

§ 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.

History: Enacted February 14, 1872.