TITLE II. Of Elections. CHAPTER I. GENERAL PROVISIONS RELATING TO ELECTIONS. II. QUALIFICATIONS AND DISABILITIES OF ELECTORS. REGISTRATION OF ELECTORS. III IV. ELECTION PRECINCTS. V. BOARDS OF ELECTION. VI. OPENING AND CLOSING THE POLLS. VII. POLL LISTS. VIII. ELECTION TICKETS AND BALLOTS. IX. VOTING AND CHALLENGES. X. CANVASSING AND RETURNING THE VOTE. XI. CANVASS OF RETURNS; DECLARATION OF RESULT; XIII. ELECTIONS FOR MEMBERS OF CONGRESS. XIV. PRIMARY ELECTIONS. CHAPTER I. General Provisions Relating to Elections. ARTICLE I. TIME OF HOLDING ELECTIONS. ARTICLE I. TIME OF HOLDING ELECTIONS. $1041. General election, when to be held. 1041. There must be held throughout the State, on the first Tuesday after the first Monday of November, in the year eighteen hundred and eighty, and in every second year thereafter, an election, to be known as the general election. [In effect April 16, 1880.] Effect of Const. Cal. 1879-(and above section as amd. 1880) on time of election of officers of City and County of San Francisco; $ 10, art. 22, held inapplicable to, Barton v. Kalloch, Sep. 28, 1880, 6 P. C. L. J. 330. General Election-section fixes time of, 52 Cal. 169. Time of holding elections-and place where held, are of substance and affect validity, 5 Cal. 343; 12 Cal. 352. 1042. Section one thousand and forty-two of said Code is hereby repealed. [In effect April 16, 1880.] 1043. Special elections are such as are held to supply vacancies in any office, and are held at such times as may be designated by the proper Board or officer. Special elections-are those to supply vacancies, 6 Cal. 26; 12 Cal. 409; 14 Cal. 180; 52 Cal. 169. Vacancies, $996 and notes; also following sections. Elections held special under section, 52 Cal. 169; People v. Hoge (Freeholders for New Charter for San Francisco), Sep. 8, 1880, 6 P. C. L. J. 248. Designated by the proper Board or officer-time must be, 52 Cal. 169; but not special character of election in express terms, 53 Cal. 701. Board of Election Commissioners of San Francisco entitled to order election of Freeholders for New Charter, People v. Hoge, Sep. 8, 1880, 6 P. C. L. J. 248. Validity of special elections-must be authorized by some statute in force at the time, 47 Cal. 442; compare 6 Cal. 673. Proclamation of Governor as pre-requisite, $ 1053. note. Particular instances where considered, 6 Cal. 76; 12 Cal. 409; 30 Cal. 337. ARTICLE II. ELECTION PROCLAMATIONS. $ 1053. Election proclamations by the Governor. 1053. At least thirty days before a general election, and whenever he orders a special election to fill a vacancy in the office of State Senator or member of Assembly, at least ten days before such special election the Governor must issue an election proclamation, under his hand and the Great Seal of the State, and transmit copies thereof to the Boards of Supervisors of the counties in which such elections are to be held. [In effect April 16, 1880.] Election proclamation-when required by statute, is necessary pre-requisite to validity of election, 6 Cal. 26; 11 Cal. 49; 12 Cal. 411; 14 Cal. 180; 52 Cal. 169. Section before amendment-applied to all special elections. 1054. Such proclamation must contain: 1. A statement of the time of election, and of the offices to be filled; 2. An offer of rewards, in the following form: “And I do hereby offer a reward of one hundred dollars for the arrest and conviction of any and every person violating any of the provisions of Title IV, Part I, of the Penal Code; such rewards to be paid until the total amount hereafter expended for the purpose reaches the sum of ten thousand dollars." Provisions of Penal Code-§§ 41-62 on Crimes against the Elective Franchise. 1055. The Board of Supervisors, upon the receipt of such proclamation, may, in case of general or special elections, cause a copy of the same to be published in some newspaper printed in the county, if any, and to be posted at each place of election at least ten days before the election; and in case of special elections to fill a vacancy in the office of State Senator or member of Assembly, the Board of Supervisors, upon receipt of such proclamation, may, in their discretion, cause a copy of the same to be published or posted as herein before provided, except that such publication or posting need not be made for a longer period than five days before such election. [In effect April 16, 1880.] 1056. Whenever a special election is ordered by the Board of Supervisors, they must issue an election proclamation, containing the statement provided for in Subdivision 1, of Section 1054, and must publish and post it in the same manner as proclamations issued by the Governor. Section made applicable-to Election Commissioners of San Francisco by Registration Act of April 18, 1878; see People v. Hoge, Sept. 8, 1880, 6 P. C. L. J. 248. Special election--§ 1043 and notes. ARTICLE III. MISCELLANEOUS PROVISIONS. 1066. Plurality to elect. 1067. Proceedings on a tie vote other than for Governor. $1068. Same, on tie vote for Governor or Lieutenant Governor. $1069. Electors privileged from arrest, when. $1070. Electors exempt from militia duty, when. 1071. No fees for certificate of registration. $1072, Compensation of officers of election. 1066. The person receiving at any election the highest number of votes for any office to be filled at such election, is elected thereto. Plurality elects-Const. Cal., art. 20, § 13. 1067. If at any election, except that for Governor or Lieutenant-Governor, two or more persons receive an equal and the highest number of votes, there is no choice, and a special election to fill such office must be ordered by the proper Board or officer. Basis of section-Stats. 1850, p. 101. Special election-§ 1043. 1068. In case any two or more persons have an equal and highest number of votes for either Governor or LieutenantGovernor, the Legislature must, by joint vote of both Houses, choose one of the persons to fill such office. Constitutional basis of section-see Const. Cal., art. 5, § 4. 1069. Electors are privileged from arrest, except for an indictable offense, during their attendance on the election, and in going to and returning from the same. Constitutional provision-of same character, Const. Cal., art. 2, § 2. 1070. No elector is obliged to perform militia duty on the day of election, except in time of war or public danger. Basis of section-see Const. Cal., art. 2, § 3. 1071. No fees must be charged for registration or certificates thereof. 1072. The compensation of members of Boards of Election and Clerks must be fixed and audited by the Board of Supervisors, and paid out of the County Treasury. 1073. The necessary printed blanks for poll lists, tally lists, lists of voters, oath, and returns, together with envelops in which to inclose returns, must be furnished by the Board of Supervisors to the officers of each election precinct at the expense of the county. 1083. Every native male citizen of the United States, every male person who shall have acquired the right of citi zenship under or by virtue of the treaty of Queretaro, and every male naturalized citizen thereof, who shall have become such ninety days prior to any election, of the age of twentyone years, who shall have been a resident of the State one year next preceding the election, and of the county in which he claims his vote ninety days, and in the election precinct thirty days, and whose name shall be enrolled on the Great Register of such county, shall be a qualified elector thereof. [In effect April 16, 1880.] Section conforms-closely (as amd. 1880) to Const. Cal. 1879, art. 2, § 1. Similar provision in Const. Cal. 1849, object of, 26 Cal, 178-79. No property qualification-ever to be required for any person to vote, Const. Cal., art. 1, § 24. Citizens-native and naturalized, § 51 and notes. Residence-for voting purposes; rules for determining place of, § 1239. Only qualified residents can vote, Donnelly v. Potter, May 24, 1880, 5 P. C. L. J. 587. Legislature cannot empower party not local resident for prescribed period to vote, 26 Cal. 162. Computation of prescribed period of residence in county, 28 Cal. 135. Great Register of County-name enrolled on, see Registration of electors, §§ 1094-1117. 1084. No native of China, no idiot, insane person, or person convicted of any infamous crime, and no person hereafter convicted of the embezzlement or misappropriation of public money, shall ever exercise the privilege of an elector. [In effect April 16, 1880.] Constitutional basis of section-as amd. 1880: proviso in Const. Cal. 1879, art. 2, § 1. Native of China-provisions against Chinese. Const. Cal. 1879, art. 19; see Desty's Const. Cal. 364-366. |