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1909, or amendments to any of said acts, or any other acts on the same subject, or apply to proceedings had thereunder, but is intended to and does provide an alternate system for making the improvements provided for by this act; and it shall be in the discretion of the legislative body of any city to proceed, under the provisions either of this act or of such other acts; but when any proceedings are commenced under this act, the provisions of this act, and of such amendments thereof as may be hereafter adopted, and no other, shall apply to all such proceedings, and any provisions contained in said acts or any acts in conflict herewith shall be void and of no effect as to the proceedings commenced under this act. This act may be Title. designated and referred to as the "Improvement Act of 1911," and shall take effect and be in force on its passage and approval.

CHAPTER 398.

An act to provide for and regulate primary elections, and providing the method whereby electors of political parties may express their choice at such primary elections for United States senator, and to repeal an act entitled an act to provide for and regulate primary elections, and providing the method whereby electors of political parties may express their choice at such primary elections for United States senator, approved March 24, 1909.

[Approved April 7, 1911.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. The words and phrases in this act shall, unless Definisuch construction be inconsistent with the context, be con- tions. strued as follows:

1. The words "primary election," any and every primary "Primary nominating election provided for by this act.

election.'

2. The words "September primary election," the primary "Septemelection held in September to nominate candidates to be voted ber for at the ensuing November election.

primary election.'

3. The word "election," a general or city or city and county "Election." election as distinguished from a primary election.

ber

4. The words "November election," the presidential elec- "Novemtion, the general state election, county, city or city and county election." election held in November.

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etc.

5. The word or words "political party," "party," "polit- “Political ical organization, or organization, a political party or party," organization of electors which at the last general election before the holding of the primary election, polled at least three

"Judicial

officer.'

"School officer."

Statute liberally

construed.

Registrar

of voters.

Nomination of candidates.

vote.

per cent, of the entire vote of the state or of the county, city and county, district, or other political division for which nominations are to be made.

6. The words "judicial officer," any justice of the supreme court, justice of a district court of appeal, judge of the superior court, justice of the peace, or justice of such inferior court as the legislature may establish in any incorporated city or town, or city and county; and the words "judicial office," the office filled by any of the above judicial officers.

7. The words "school officer," the superintendent of public instruction, any superintendent of schools of a county or city and county, or any school district officer or trustee; and the words "school office," the office filled by any of the above school officers.

This statute shall be liberally construed, so that the real will of the electors shall not be defeated by any informality or failure to comply with all the provisions of law in respect to either the giving of any notice or the conducting of the primary election or certifying the results thereof.

In all counties and cities and counties in this state, having a registrar of voters and a board of election commissioners, the powers conferred and the duties imposed in this statute upon county clerks and their deputies, and other officers, in relation to matters of election and polling places, shall be exercised and performed by such registrar of voters or his deputies, and board of election commissioners; and all nominating papers. list of candidates, expenses, and oaths of office, required by this statute to be made to county clerks, shall be filed with the registrar of voters.

SEC. 2. All candidates for elective public offices shall be nominated as follows:

1. By direct vote at primary elections held in accordance By direct with the provisions of this act, provided that electors of president and vice-president of the United States shall be nominated as provided in subdivision 2 of section 24 of this act; or

By petitions.

United
States

senator.

Where not

2. By nominating petitions signed and filed as provided by existing laws.

Party candidates for the office of United States senator shall have their names placed on the official primary election ballots of their respective parties in the manner herein provided for state officers.

This act shall not apply to special elections to fill vacancies; applicable. nor to the nomination of officers of municipalities, counties. or cities and counties whose charters provide a system for nominating candidates for such officers; nor to the nomination of officers for any district not formed for municipal purposes; nor to the freeholders to be elected for the purpose of framing a charter; nor to cities of the sixth class; nor to school district officers, other than those elected in a district of which an incorporated city or city and county or part of an incorporated city or city and county constitutes the whole or a part of such school district.

SEC. 3. The September primary election shall be held at September the legally designated polling places in each precinct on the primary. first Tuesday in September, for the nomination of all candidates to be voted for at the ensuing November election.

The day of the September primary election is hereby declared to be a holiday within the meaning of section 10 of Holiday. the Political Code. Any person entitled to vote at such September primary election shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed, for the period of two consecutive hours, between the time of opening and the time of closing the polls; and such voter shall not, because of so absenting himself, be liable to any penalty, nor shall any deduction be made, on account of such absence, from his usual salary or wages.

Any primary election other than September primary Other election shall be held on Tuesday, three weeks next preceding primaries. the election for which such primary election is held.

prepare

offices.

SEC. 4. 1. At least sixty days before the time for holding Secretary such September primary election in 1912 and biennially of state to thereafter, the secretary of state shall prepare and transmit notice of to each county clerk and to the registrar of voters in any city and county a notice in writing designating the offices for which candidates are to be nominated at such primary election.

tion of

2. Within ten days after receipt of such notice such county Publicaclerk or registrar of voters in any city and county shall pub- notice. lish so much thereof as may be applicable to his county, once in each week for six successive weeks in not more than two newspapers published in such county or city and county.

3. In the case of September primary elections for the nomination of candidates for city or city and county officers to be voted for at the November election in the odd numbered years, the city clerk or secretary of the legislative body in any such city or the registrar of voters in any such city and county shall cause the publication of notice of such primary election, together with a complete statement of the offices for which candidates are to be nominated, once in each week for four successive weeks in not more than two newspapers of general circulation published in such city or city and county, the last publication to be made not more than forty and not less than fourteen days before such primary election.

4. In the case of primary elections other than the September primary elections the city clerk or secretary of the legislative body of the political subdivision for which such primary election shall be held shall cause one publication of such notice to be given, such publication to be not more than forty and not less than fourteen days before such primary election.

name on

SEC. 5. 1. The name of no candidate shall be printed on an How canofficial ballot to be used at any primary election unless at least didate gets thirty-five days prior to the primary election, if the candidate primary is to be voted for the September primary election, and at least fourteen days prior to the primary election, if the candidate is to be voted for at a primary election other than the

ballot.

September primary election, a nomination paper shall have been filed in his behalf as hereinafter provided by this act, in substantially the following form:

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I, the undersigned, do solemnly swear (or affirm) that I am a qualified elector of (the ..

precinct of the ..) or ward

or county of

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assembly district of the city of

.)

county of

...), State of California, and a member of the

party, and I hereby nominate

who resides at (No.

street, city of ....

) or

(in the town of

.....) county of

State of California, as a candidate for the
nomination for the office of ..

to be voted for .. day of 19... I have not signed the nomination paper of any other candidate for the same office, and I further declare that I intend to support for such nomination the candidate named herein.

at the primary election to be held on the

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Nomina

for judicial

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2. All nomination papers shall be substantially in the above tion paper, form, except that a nomination paper filed in behalf of a canand school didate for nomination to a judicial office or a school offices. office shall not contain the words "Party nomination for and a member of the nominations for the

Verification deputies.

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Nomination papers shall not be filed, unless signed and verified before an officer authorized by the laws of this state to administer oaths, or before a special verification deputy appointed as follows:

The candidate may designate one or more special verification deputies who shall qualify by filing with the county clerk or registrar of voters an oath or affirmation in substance as follows:

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fied elector of the county of

of

...

(..

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or (town of
.), or
precinct), of the aforesaid county; that I

have been designated as a special verification deputy by
who desires to be a candidate of
party for the office of ....

;

the
that I can read and write the English language and that in
obtaining signatures to the nomination papers of the person
named herein, I will faithfully observe the election laws of the
State of California, in so far as they are applicable to the
preparation, signing and filing of nomination papers.

Subscribed and sworn to before me, this

[SEAL.]

19...

day of

Notary Public (or other official).

deputy for and school

Provided, however, that, in the case of a verification deputy Verificaappointed to verify nomination papers for a candidate for tion nomination to a judicial office or a school office, the words, "of judicial the ..... party," and the words of heading offices. ...Party,

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"Candidate for
shall be omitted. The county clerk or registrar of voters
shall keep a record in which he shall enter the names of all such
verification deputies as designated by each candidate. No
verification deputy designated by any candidate for an office
to be voted on at the September primary election, shall be so
designated before June 15th of the year in which such primary
election is held.

nomina

for same

3. Each signer of a nomination paper shall sign but one May sign such paper for the same office and shall verify the same as only one above provided. He shall add his occupation and residence, tion paper with street and number, if any, and if no street and number or office. either exists, then such a description of the place of residence, if in a city or city and county, as will enable the location to be readily ascertained; he shall also add the date of signing. But no nomination paper of any candidate for an office to be voted on at the September primary election shall be signed before June 15th of the year in which such primary election is held.

nomina

4. Such nomination papers prior to their filing must be Arrangefastened together and bound by precincts and arranged in all ment of respects in the manner and form required for the arrangement, tion binding and fastening of affidavits of registration by the provisions of section 1113 of the Political Code; provided, however, that for all nominations of candidates to be voted for

papers.

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