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of canvassing the ballots, which may be conducted by at least half of the whole number; but the final certificates shall be signed by a majority of the whole. [Amendment, approved March 30, 1874; Amendments 1873-4, 21; took effect July 6, 1874.]

Upon the effect of irregular conduct of election officers upon the validity of an election, see Capen v. Foster, 23 Am. Dec. 632, and the note thereto; and see references in subsequent notes in this chapter.

Disqualification of election officers. Where no question is raised as to the fairness

or

of the vote and the honesty of the count, an election will be valid, although the officers conducting the same were not duly sworn chosen, and did not possess the qualifications requisite for their office: Wells v. Taylor, 2 West Coast Rep. 252 (Mont.).

1143. Judges not to be of same political party.

SEC. 1143. The judges appointed must not be members of the same political party.

1144. Failure to appoint board of election.

SEC. 1144. If the board of supervisors fail to appoint the board of election, or the members appointed do not attend at the opening of the polls on the morning of the election, the electors of the precinct present at that hour may appoint the board, or supply the place of an absent member thereof. [Amend· ment, approved March 30, 1874; Amendments 1873–4, 22; took effect July 6, 1874.] It is not an irregularity making void an appoint an inspector in place of the absent one: election that the judges instead of the electors Sprague v. Norway, 31 Cal. 173.

1145. Inspectors of election, their powers.

SEC. 1145. The inspector is chairman of the election board, and may:

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

2. Appoint judges and clerks, if, during the progress of the election, any judge or clerk ceases to act.

1146. Judges and clerks may administer oaths.

SEC. 1146. Any member of the board, or either clerk thereof, may administer and certify oaths required to be administered during the progress of an election.

1147. Clerks.

SEC. 1147. The board of election for each precinct must, before opening the polls, appoint two electors to act as clerks of election. [Amendment, approved April 16, 1880; Amendments 1880, 80 (Ban. ed. 370); took effect from passage.]

The original section used "person" instead of "electors."

1148. Board and clerks to be sworn.

SEC. 1148. Before opening the polls, each member of the board and each clerk must take and subscribe an oath to faithfully perform the duties imposed upon them by law. Any elector of the township may administer and certify

such oath.

Failure to comply does not invalidate election: Whipley v.

1149. Board to post copies of great register.

McKune, 12 Cal. 352.

SEC. 1149. Before opening the polls the board must post, in some separate convenient places, easy of access, not less than four printed copies of the great register of the county, as last printed, except in the city and county of San Francisco, wherein not less than four printed copies of the register of the ward shall be so posted. Amendment, approved March 30, 1874; Amendments 18734, 22; took effect July 6, 1874.]

1150. Copies not to be torn nor defaced.

SEC. 1150. The copies so posted must be maintained during the whole time of voting, and must not in any manner be torn or defaced.

In Napa county copies of the great register are dispensed with, except at general or judicial elections provided for by sections 1041 and 1042 of this code, by act of March 20, 1874; · 1873-4, 515. In Sacramento county a new great register was ordered to be provided by act of March 30, 1874; 1873-4, 795.

"One object of the two preceding sec

tions is that every person may have the means of informing himself as to who are on the register. Another is that each voter may ascertain the number affixed to his name thereon. By section 1225, post, it is provided that each person as he offers his ballot must declare such number:" Commissioners' note.

CHAPTER VI.

OPENING AND CLOSING THE POLLS.

160. Time of opening and closing polls.

SEC. 1160. The polls must be opened at one hour after sunrise on the morn ing of the election, and must be kept open until sunset, when the same must be closed, except in the city and county of San Francisco, wherein the polls must be opened at sunrise and be kept open continuously until six o'clock and thirty minutes of the evening of the same day, when the same shall be closed. Amendment, approved March 8, 1876; Amendments 1875-6, 25; took effect from passage.]

Opening and closing the polls.-If the polls are not opened until a much later hour than that prescribed by the act it will vitiate the election: Chadwick v. Melvin, Brightly's Election Cases, 251; People v. Seale, 52 Čal. 620. But the failure to close them until an hour after the specified time does not invalidate the election: Piatt v. People, 29 Ill. 54; affirmed in Hodge v. Linn, 100 Id. 405. And the closing the poll

1161. Closing polls.

Section 1161 was repealed by act approved March 30, 1874; Amendments 1873-4, 23; took effect July 6, 1874.

The original section was:

1162. Ballot-box to be exhibited.

for an hour at noon to enable the judges to go to dinner, although in the face of positive statutory directions not to do so, was held no ground to set aside the whole poll. Notices of election should state the hours during which the polls would be opened in accordance with the provisions of the statute: People v. Seale, 52 Cal. 620; S. C., Id. 72.

"SEC. 1161. The board may close the polls for one hour at any time during the day before three o'clock P. M."

SEC. 1162. Before receiving any ballots the board must, in the presence of any persons assembled at the polling-place, open and exhibit and close the ballot-box; and thereafter it must not be removed from the polling-place or presence of the by-standers until all the ballots are counted, nor must it be opened until after the polls are finally closed.

1163. Proclamation at opening the polls.

SEC. 1163. Before the board receive any ballots they must cause it to be proclaimed aloud at the place of election that the polls are open.

1164. Proclamation at closing the polls.

SEC. 1164. When the polls are closed, that fact must be proclaimed aloud at the place of election; and after such proclamation no ballots must be received.

CHAPTER VII.

POLL-LISTS.

1174. Form of poll-lists and tally-lists.

SEC. 1174. The following is the form of poll-lists and tally-lists to be kept by boards and clerks of election:

POLL-LISTS

on the A.

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Of the election held in the precinct of, in the county of day of, in the year A. D. one thousand eight hundred and B., C. D., and E. F., judges, and G. H. and J. K., clerks of said election, were respectively sworn (or affirmed), as the law directs, previous to their entering on the duties of their respective offices.

NUMBER AND NAME OF ELECTORS VOTING.

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We hereby certify that the number of electors voting at this election amounts

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Names of persons voted for, and for what office, containing the number of votes given for each candidate:

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Clerks.

E. F.,

Board of Election.

[Amendment, approved March 30, 1874; Amendments 1873-4, 23; took effect

July 6, 1874.]

Original section did not have the word "tally-lists."

1175. Want of form not to vitiate.

SEC. 1175. No list, tally, paper, or certificate returned from any election must be set aside or rejected for want of form, nor on account of its not being strictly in accordance with the directions of this title, if it can be satisfactorily understood.

CHAPTER VIII. .

ELECTION TICKETS AND BALLOTS.

1185. "Ticket" defined.

SEC. 1185. A ticket is a paper upon which is written or printed the names of the persons for whom the elector intends to vote, with a designation of the office to which each person so named is intended by him to be chosen.

1186. "Ballot" defined.

SEC. 1186. A ballot is a ticket folded in such a maner that nothing written

or printed thereon can be seen.

"The authority for this definition is Whar- ple v. ton's Law Lexicon, tit. Ballot; see also Peo- note.

1187. Tickets must be uniform.

Holden, 28 Cal. 12:" Commissioners'
See Const. Cal., art. 2, sec. 5.

SEC. 1187. Every ticket must be of paper uniform in size, color, weight, texture, and appearance.

1188. Secretary of state to keep paper for tickets.

SEC. 1188. The secretary of state must provide and keep constantly on hand a sufficient quantity of paper uniform in color, weight, texture, and appearance, without marks of any kind thereon, to supply the demand for paper for tickets. 1189. Must supply such paper to any person on application.

SEC. 1189. He must, upon payment of the cost thereof and ten per cent profit, furnish such paper to every person who may apply therefor, and who makes and files with him an affidavit that such paper is to be used in providing tickets to be used as ballots at any election next to ensue.

1190. Money received from sale of paper.

SEC. 1190. The sum collected by him for paper so sold must be paid into the state treasury, and ten per cent of such sum must be credited to a fund to be kept in the treasury and known as the election reward fund, from which fund all rewards provided for in section ten hundred and fifty-four of this code shall be paid. [Amendment, approved March 12, 1885.]

use.

Sale of paper.—"If the secretary of state was compelled to furnish paper at cost prices, he might be made a dealer in paper for general Buying in large quantities, he would purchase at prices less than the usual market rates; and as no restrictions of an effectual character can be thrown around the sale without giving the secretary too much power in the 1191. Form of ballot.

premises, it has been thought advisable to increase the price ten per cent above the actual cost, and to devote nearly the whole of such increased price to the payment of rewards given for the detection of election frauds:" Commissioners' note. Under the original section, ten per cent of the money received went to the reward fund.

SEC. 1191. No ticket must be used at any election, or circulated on the day of election, unless:

1. It is written or printed on paper furnished by the secretary of state, or upon paper in every respect precisely like such paper.

2. It is five inches in width, or within one fourth of an inch of such width. If not more than fifty offices are designated to be filled, it is twelve inches in length, or within one half of an inch of such length. If more than fifty offices, and not more than eighty offices, are designated to be filled, it is eighteen inches in length, or within one half of an inch of such length. If more than eighty offices are designated to be filled, it is twenty-four inches in length, or within one half of an inch of such length.

3. If printed, the names of the persons voted for, and the offices designated, are printed in black ink, and in long-primer capitals—the names of the offices in small capitals, and of the persons in large capitals-and both without spaces, except between the different words or initials in each line, and between the numbers and initials.

4. If printed, the same margin is left above the printed matter as below it. 5. If printed, the lines are straight, and the matter double-leaded with sixto-pica leads. The word "For" comprises the top line, the margins both sides of it being equal in size. The line after the top one commences with the figure

1, then follows immediately on the same line the name of the first office designated by the board of supervisors in its order, issued under section one thousand one hundred and thirty-one, and lastly, on the same line, the name of the person voted for. Each subsequent line commences with the figure next in numerical order, and such number is in like manner immediately followed by the name of the office designated, and the person voted for; so that the offices shall appear upon the ticket in the order designated by the board of supervisors, and be numbered in numerical order, commencing with the number one. The numbers are in a straight line from top to bottom, and are within one quarter of an inch of the left-hand edge of the ticket; so that the blank space for substituted names shall be on the right-hand side of the ticket. The ticket shall be substantially in the following form:

FOR

1. STATE SENATOR, FRANK COWPER.

2. STATE SENATOR, PHILIP ROSS.

3. MEMBER OF ASSEMBLY, A. S. WARDEN.

4. MEMBER OF ASSEMBLY, WASHINGTON SWIFT

5. MEMBER OF ASSEMBLY, CALEB T. HOLLIDAY.

[Amendment, approved March 30, 1874; Amendments 1873-4, 24; took effect July 6, 1874.]

The various provisions were designed to secure uniformity and simplicity in the ballot,

and to guard against anything that indicates the contents thereof: Commissioners' note.

An Act to prevent the circulation of bogus election tickets, and to prevent frauds upon voters. [Approved March 7, 1878; 1877-8, 180.]

Vignette and inscription on election tickets.

SECTION 1. It shall hereafter be lawful for the state central or other managing committee of any political party having a state organization, and for the city or county or other managing committee of any municipal or local party, before each election in this state, to prepare and adopt, by engraving or otherwise, a ticket vignette, or heading, with an appropriate inscription, to be printed at the top of the ticket of the party, on the inside thereof, as a distinctive and characteristic heading thereto. Such vignette shall not be more than two inches high by four and a half inches wide, and in addition to the device adopted shall set forth legibly the fact that the ticket is the regular ticket of the party, with the name thereof. It shall also show the district, ward, or precinct where such ticket may be lawfully voted. Said vignette and inscription shall stand at the head of the ticket, on the inside thereof, and be followed within a space not to exceed one half of an inch by the word "For" on the first line thereof, and the names of candidates and offices shall then be printed below in the order and manner provided for in section eleven hundred and ninety-one of the Political Code. The length of the tickets to be used at elections in this state hereafter shall, in case the length of tickets now allowed by law is insufficient to permit of the printing of such vignette or heading, and have sufficient margin at thẹ top and bottom, and not otherwise, be increased two inches in addition to the length prescribed by section eleven hundred and ninety-one of the Political Code, in order to allow space for said vignette and inscription.

Copy of vignette to be filed.

SEC. 2. When such vignette and inscription have been adopted and prepared, an impression of the same, followed by the regular ticket of such party, printed so as to constitute a lawful election ballot, and sealed up in an envelope, may be filed with the county clerk of the county at any time before the opening of the polls on election-day. Such ballot shall be kept by said clerk on deposit, and from the time of said filing it shall be unlawful for any person to imitate, copy, or in any manner counterfeit the same. Any person violating the foregoing provision shall be deemed guilty of a misdemeanor, and on conviction punished accordingly.

Counterfeiting of vignette.

SEC. 3. Any person who shall knowingly print, circulate, or distribute any ticket or tickets, ballot, or voting paper, having therein or thereon the vignette, or an imitation of the vignette or inscription, of any ballot or ticket so filed with the county clerk, but containing the name or names of any candidate or candidates other or different from the name or names, candidate or candidates, upon the ballot or ticket of such party so filed or deposited with said clerk, shall be deemed guilty of a misdemeanor, and on conviction punished accordingly; provided, that nothing in this act shall be construed to interfere with the right of any elector to erase or insert any proposition upon said ticket, if done in writing.

name or

Additional matter on tickets.

SEC. 4. Hereafter all tickets, in addition to the matters provided for in section eleven hundred and ninety-one of the Political Code, and immediately above the word "For," as specified

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