relieve each other in the duties of canvassing the ballots, which may be conducted by at least half of the whole number; but the final certificate shall be signed by a majority of the whole.

No person shall be eligible to act as an officer of election at any precinct who has been employed in any official capa ity in the county, or city and county, in the state, within ninety days next preceding any election. No person shall be eligible to act as a member of any election board, or as a clerk upon such board, who cannot read and write the English language.

Any person acting as a member of any election board, or as a clerk upon such board, who cannot read and write the English language, and any person who refuses to act upon such board, or as a clerk thereof, after proper notification of his appointment, who is otherwise eligible, unless good and sufficient cause for such refusal is shown to the election board or to the board of supervisors, shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of five hundred dollars, and upon failure to pay said fine shall be imprisoned in the county jail of such county, or city and county, for the period of one day for each dollar of said fine. [Amendment approved April 12, 1911; Stats. 1911, p. 891.]

Powers of election inspectors.

§ 1145. The inspectors may:

1. Administer all oaths required in the progress of an election.

2. Appoint judges and clerks, if, during the progress of an election, any judge or clerk ceases to act, or becomes incapacitated from acting. [Amendment approved May 1, 1911; Stats. 1911, p. 1444.]

§ 1174.

Citations. Cal. 155/297.

Nomination of candidates for public office.

§ 1186. [Repealed May 1, 1911; Stats. 1911, p. 1393.] Citations. Cal. 155/299.

Nominations, certifying of. § 1187.

[Repealed May 1, 1911; Stats. 1911, p. 1393.]

How candidates may be nominated otherwise than at a primary election. § 1188. A candidate for public office may be nominated otherwiso than at a primary election, in the manner following: A certificate of nomination containing the name of the candidate to be nominated, with the other information required to be given in the certificates provided for in section 5 of the primary law, shall be signed by electors residing within the district or political division for which the candidate is to be presented equal in number to at least three per cent of the entire vote cast at the last preceding general election in the state, district or

political division for which the nomination is to be made. Each such certificate must be a separate paper and contain the name of one signer thereto and no more. In addition to the other matter required to be set forth in such certificate it must also set forth that the signer has not been elected as a delegate to any political party convention; that he has not voted at any primary election at which a candidate was nominated for the public office mentioned in the said certificate; that he has not joined in any manner in nominating any other candidate or candidates for the same office, or in nominating the same candidate or candidates for the same office under another or different political party name or designation. The signature must be made by the party signing at the end of the certificate, and must add thereto the date of signing and his place of residence and occupation, giving street and number, where such street and number or either exist, and if no street or number exist then such a description of the place of residence as will enable the location to be readily ascertained.

Each such signer must verify such certificate by making oath that the same is true, before an officer authorized to take an oath in this state, or before a special verification deputy appointed by him under the provisions of section 5 of the primary election law, which oath must be certified as required for an affidavit. Any person who signs any name other than his own to such certificate, or makes a false oath to such certificate, shall be punishable by a fine not exceeding five hundred dollars, or imprisonment in a state's prison for a term not exceeding five years.

The said certificates must be fastened together and bound by precincts and arranged in all respects in the manner and form required for the arrangement, binding and fastening of original affidavits of registration by the provisions of section 1113 of the Political Code; and each such book or package must have indorsed upon the outside the number of the precinct, and for which assembly district, as the same are numbered in the county, city, or city and county, and the name of the political party or organization, which is designated in the certificates, and no such certificates shall be received or filed by any officer to whom the same are required by law to be presented, unless the same comply with the provisions of this section.

The clerk or officer to whom any such certificate is presented for filing is authorized and directed to strike out or disregard the name or names of any electors who, upon examination of the affidavits of registration, or otherwise, may be found to have signed such certificate or certificates or any thereof, in violation of the provisions of this section. [Amendment approved April 12, 1911; Stats. 1911, p. 897.]

Citations. Cal. 155/783, 784, 785, 786, 787.

Certificates of nomination, filing of.

§ 1189. [Repealed May 1, 1911; Stats. 1911, p. 1393.]

Nominations, limitation upon.

§ 1190. [Repealed May 1, 1911; Stats. 1911, p. 1393.1

Filing certificates of nomination.

§ 1192. Certificates of nomination required to be filed with the secretary of state shall be filed not more than sixty days and not less than thirty-five days before the day of election, when the nomination is made by electors, as provided in section 1188 of this code. Certificates of nomination required to be filed with the county clerk, or with the clerk or secretary of the legislative body of any city or town, shall be filed not more than fifty days nor less than thirty days before the day of election, when the nomination is made by electors as provided in section 1188 of this code. [Amendment approved April 12, 1911; Stats. 1911, p. 893.]

Certifying names of candidates.

§ 1193.

[Repealed May 1, 1911; Stats. 1911, p. 1393.]

Nominations sent to county committee.

§ 1194. [Repealed May 1, 1911; Stats. 1911, p. 1393.]

County clerks to provide ballots. Separate ballots. Size. Paper. Water-mark. Secret design. When changed. Voter may write in

name.

§ 1196. Except as in this code otherwise provided, it shall be the duty of the county clerk of each county to provide printed ballots for every election of public officers, except elections for city or town officers, in which electors, or any of the electors, within the county, participate, and to cause to be printed in the appropriate ballot the name of every candidate whose name has been certified to or filed with the county clerk, in the manner provided for by law, together with the names certified by the secretary of state to have received in the respective parties, the highest number of votes for United States senator. Ballots other than those printed by the respective county clerks, or the elerk or secretary of the legislative body of any incorporated city or town, according to the provisions of this code, shall not be cast nor counted at any election. It shall be the duty of the county clerk of any consolidated city and county to provide separate ballots for every election for city and county officers in which the electors, or any of the electors, of such city and county, participate, and to cause to be printed on such separate ballots the name of every candidate for a city and county office whose name has been filed with the proper officer in the manner provided by law. It shall be the duty of the clerk or secretary of the legislative body of any incorporated city or town to provide separate ballots for every election for city or town officers in which the electors, or any of the electors, of such city or town, participate, and to cause to be printed in such separate ballots the name of every candidate whose name has been filed with such clerk or secretary in the

All ballots shall be not to exceed twenty

manner provided for by law. four inches in length, and shall be of sufficient width to contain in parallel columns four inches in width the names of all candidates nominated, and below the printed list of candidates for each office, the necessary blank space or spaces to permit an elector to write in the names of persons whose names are not printed on the ballot, and to contain in a separate column or columns of sufficient width statements of all questions, propositions or constitutional amendments to be submitted to vote of the electors, and shall be printed on tinted paper furnished by the secretary of state. It shall be the duty of the secretary of state to obtain and keep on hand, a sufficient supply of paper for ballots, and to furnish the same in quantities ordered, to any county clerk, or clerk or secretary of the legislative body of any incorporated city or town, upon payment by them of the cost of such paper. Such paper shall be water-marked with a design to be furnished by the secretary of state, in such manner that the said water-mark shall be plainly discernible on the outside of such ballot when folded according to law. Such design shall be kept secret from all persons not engaged in the preparation, printing or distribution of the paper or ballots, until the day of election, Such design shall be changed for each general election, and the same design shall not be used again at any general election within the space of fourteen years; but at any special or separate local election, paper marked with the design used at the previous election may be used. Nothing in this code contained shall prevent any voter from writing upon his ballot the name of any person for whom he desires to vote for any office and such vote shall be counted the same as if printed upon the ballot, and marked as voted for. [Amendment approved March 20, 1911; Stats. 1911, p. 404.]

Form of ballot.

§ 1197. There shall be provided at each polling place, at each election at which public officers are voted for, but one form of ballot for all the candidates for public office, and every ballot shall contain the names of all the candidates whose nominations for any office specified on the ballot have been duly made and not withdrawn, as provided by law, together with the title of the office arranged to conform as nearly as practicable to the plan hereinafter set forth.

2. The order in which the list of offices shall appear on the ballot shall, as to state offices and district offices, when the district includes more than one county, be determined by the secretary of state, and shall as nearly as may be practicable be the same for all counties. The order in which the list of county offices or district offices embracing one county or less, shall appear on the ballot, shall be determined by the county clerk.

The order in which the list of candidates for any office shall appear upon the ballot shall be determined as follows:

(a) If the office is an office the candidates for which are to be voted on throughout the entire state, including United States senator in Con

gress, the secretary of state shall arrange the names of all candidates for such office in alphabetical order for the first assembly district; and thereafter for each succeeding assembly district, the name appearing first for each office in the last preceding district shall be placed last, the order of the other names remaining unchanged; provided, however, that the names of candidates for the office of electors for President and Vice-president shall be arranged in groups as presented in the several certificates of nomination, and the voter may vote for the whole of such group by stamping one cross (X) at the right of such group.

If the office is that of representative in Congress, or is an office the candidates for nomination to which are to be voted on in more than one county or city and county, but not throughout the entire state, except the office of state senator or assemblyman, the secretary of state shall arrange the names of all candidates for such office in alphabetical order for that assembly district which is lowest in numerical order of any assembly district in which such candidates are to be voted on; and thereafter for each succeeding assembly district in which such candidates are to be voted on the name appearing first for such office in the last preceding district shall be placed last, the order of the other names remaining unchanged.

In certifying to each county clerk or registrar of voters the list of names as required in section 23 of the primary election law, the secretary of state shall certify and transmit the list of candidates for each office according to assembly districts, in the order of arrangement as determined by the above provisions; and in the case of each county or city and county containing more than one assembly district, he shall transmit separate lists for each assembly district. Except for the office of state senator or assemblyman, the order in which the names so certified shall appear upon the ballot, shall be for each assembly district the order as determined by the secretary of state in accordance with the above provisions, and as certified and transmitted by him to each county clerk or registrar of voters.

(b) If the office is an office to be voted on wholly within one county or city and county, except the office of representative in Congress or state senator or assemblyman, the county clerk of such county or the registrar of voters of such city and county, shall arrange the names of all candidates for such office in alphabetical order, which order shall be the order of names upon the ballots; provided there is no more than one assembly district in such county, or city and county. If there is more than one assembly district in such county or city and county, the county clerk or registrar of voters shall so arrange on the ballot the order of names of all candidates for such office that they shall appear in alphabetical order for that assembly district in such county, or city and county, which is lowest in numerical order, and thereafter for each succeeding assembly district in such county, or city and county, the name appearing first for each office in the last preceding assembly district shall be placed last, the order of the other names remaining unchanged.