Compelling registration.

§ 1108. If the clerk refuses to register any qualified elector in the county, such elector may proceed by action in the superior court to compel such registration. [Amendment approved April 12, 1911; Stats. 1911, p. 890.]

Compelling cancellation.

§ 1109. Any person may proceed by action in the superior court to compel the clerk to cancel any registration made illegally, or that ought to be canceled by reason of facts that have occurred subsequent to the time of such registration; but if the person whose name is sought to be canceled be not a party to the action, the court may order him to be made a party defendant. [Amendment approved April 12, 1911; Stats. 1911, p. 890.]

Clerk to arrange affidavits of registration by precincts.

§ 1113. Within five days after the last day of registration, the clerk shall arrange the affidavits of registration for each precinct alphabetically by surnames, and number the same, beginning with one in each ease, and bind the same, or cause them to be bound, into a book by fastening the left-hand edges together with a staple, wire, thread or other suitable material; he shall at the same time treat the duplicate affidavits of registration in the same manner. [Amendment approved April 12, 1911; Stats. 1911, p. 891.]

Indexing and binding great register.

§ 1115. Within five days after the binding of said books the clerk shall prepare an index of each book, said index to contain the numbers, names, ages, occupations, addresses, and political affiliations as they appear in said books, and shall have at least one hundred copies of said index printed. The clerk shall have bound together in one or more volumes, a general index of said books arranged alphabetically by preeinet, and shall keep at least one copy of said general index in his office for public reference. [Amendment approved April 12, 1911; Stats. 1911, p. 891.]

Evidence that person is an elector.

§ 1117. A certified copy of an uncanceled affidavit of registration is prima facie evidence that the person named in the entry is an elector of the county. [Amendment approved April 12, 1911; Stats. 1911, p. 891.]

Primary elections, qualifications and registration of voters at. § 1118. [Repealed May 1, 1911; Stats. 1911, p. 1392.]

Primary elections. Registration office to be open fifty days. § 1119. [Repealed May 1, 1911; Stats. 1911, p. 1392.]

Qualifications of voters.

§ 1120. All persons shall be entitled to vote at the elections mentioned in section 1044 of this code, who come within the terms or comply with the requirements of this section. Every person who was a qualified elector at the general state election immediately preceding the holding of any of the elections mentioned in section 1044 of this code, and who was registered as required by law as a qualified elector of any one of the precincts which together compose the special election or consolidated precincts, and who continues to reside within the exterior boundaries of such special election or consolidated election precinct, until the time of the holding of the election provided for and held under said section 1044, shall be entitled to vote at said election, without other or additional registration. All other persons, in order to be entitled to vote at any of the elections provided for in said section 1044, must be registered in the manner required by sections 1094, 1096 and 1097 of this code, as an elector of and within one of the precincts which compose the special election or consolidated precinct wherein he claims to be entitled to vote. Such registration must be made and had in accordance with the provisions of sections 1094, 1096 and 1097 of the Political Code; provided, that such registration shall be in progress at all times except during the thirty days immediately preceding any such municipal or special election held under said section 1044 of this code. [Amendment approved May 1, 1911; Stats. 1911, p. 1392.]

Appointment of election boards. Names. Canvass votes. Persons not eligible. Misdemeanor.

§ 1142. When an election is ordered, the board of supervisors, or other board having charge and control of elections in each of the counties, and cities and counties, of the state must appoint officers of election board from the registered electors of each precinct whose names appear upon the last assessment-roll of the county or city and county to serve as election officers only in the election precinct in which they are registered and actually reside to constitute the election board for such precinct, which shall consist of two inspectors, two judges, two clerks and two ballot clerks; the inspectors, judges, clerks and ballot clerks to be apportioned equally between the two political parties which, respectively, cast the highest and next highest number of votes for governor at the last general election; the inspectors, judges, clerks and ballot clerks so appointed shall constitute a board of election for such precinct.

And such board of supervisors or other board having charge of elections must publish the names of such electors who constitute the board of elections for such election precinct, in some newspaper published in the county or city and county where the election is to be held for five successive days at least one week before the day such election is to be held; or in a weekly paper published in the county, for the two successive weeks prior to the election.

Such board of election shall canvass the votes for such precinct, and must be present at the closing of the polls The members of said board shall

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 elerk 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 clerk 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