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California Legislative Counsel Bureau California. Secretary of State.

Amendments to the Constitution and proposed statutes : with arguments ... online

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tlie county clerk and proceed, in the presence of any citizens
who may be present, to open all envelopes containing identifica-
tion certificates and ballots and examine the certificates as
herein provided. The clerk shall open one envelope at a time
and remove therefrom the certificate and ballot. The officers
mentioned in tills section chall then proceed to compare the
certificate with the stub corrcrponding thereto, for the purpose
of determining whether the certiflcate Is the one isnied to the
person named on the stub and certificate; provided that the
ballot shall under no circumstances be unfolded during the pro-
ceedings of the officers named in this section. If it appear that
the certiflcate is the one issued to the person named thereon,
the clerk shall securely seal the stub and certiflcate In a blank
envelope, and after separating the slip contamlng the number
from the ballot, shall deposit the ballot without unfolding the
same. In a box provided solely for ballots cast and received in
the manner provided in this act. The number of each ballot shall
be immediately destroyed. All blank envelopes containing stubs
and certiflcates shall be enclosed in a large package, which shall
be securely sealed and preserved unopened by the county clerk
during such time as the ballots are preserved. If on compar-
ison it appears that the certificate does not correspond to any
stub of certificates issued, the stub and certiflcate shall be de-
livered to the district attorney, who shall be charged with the
preservation of the same, and whose duty It shall be to at
once commence an Investigation for the purpost of discovering
and prosecuting the person who committed the flraud; the bal-
lot shall, with the number rem^lQlng aMacbed thereto, be sealed

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with other ballots rejected In the same nuumer, in a paohoge
vhich shall be marked "Rejected ballots of absent voters."
Hm county clerk of the county shall preserve the ballot box
in which properly authenticated ballots have been deposited,
unopened, in his ofBce until the board of supervisors canvass
the vote according to law, at which time the ballot box shall
be opened by % member of said board of supenisors. The bal-
lots therein contained shall be recorded, upon a poll §heet pro-
vided for the recording of ballots of absent voters. In can-
vassing the vote at said election, the board of supervisors shall
count the votes of all absent voters taken as herein provided,
and shall count the votes so cast as a part of total vote cast
for the candidates for whom the votes were cast. After said
votes have been counted the ballots shall be securely sealed in
a package which shall be marked, "Ballots of absent voters,"
and shall be disposed of in the manner provided by law for the
disposition of other ballots.

Sec. 7. If any person to whom the certificate and ballot
herein provided for, shall be present in the voting precinct of
which he is a registered voter, on the election day next fol-
lowing the issuance of the certificate and ballot, he shall be
entitled to vote in the following manner. A member of the
election board shall first examine the register of voters of the
precinct to whom certificates and ballots have been issued, and
if the name of the voter appear therein, he shall first be re-
quired to surrender to the officers of the election board tiie
envelope containing the certificate and ballot. A member of
the election board shall then cancel the name of the voter on
the register by drawing a line through it and shall also write
on the face of the envelope the word "cancelled," and cut or
tear the envelope and its contents half way across the middle.
The voter shall then receive a ballot and be allowed to vote as
in other cases provided by law. The envelope with its contents
shall be transmitted to the county clerk, who shall open the
same and proceed to destroy the ballot, certificate and the
stub corresponding thereto.

Sec. 8. If any person shall wilfully swear falsely to the
affidavit herein provided for, he shall upon conviction thereof
be deemed guilty of perjury and be punished as in such cases
provided by law. If the oflicers of the election permit any person
to vote as herehi provided for without his taking said affidavit,
or shall neglect or refuse to perform any of the duties pre-
scribed by this act, they shall upon conviction thereof be deemed
guilty of a misdemeanor, and shall be punished as in such cases
provided by law. If any member of the board of supervisors
w any county clerk or district attorney, or other county officer,
shall refuse or neglect to perform any of the duties prescribed
by this act, or shall reveal or divulge any of the details of any
ballot, or certificate herein provided for, he shall upon convic-
tion thereof, be adjudged guilty of a misdemeanor and punished
as in such cases provided by law.

Sec 9. In cities and counties, or counties, in which boards
of election commissioners have been created, the duties herein
prescribed to be performed by the board of supervisors shall be
performed by the boards of election commissioners, and the
duties herehi prescribed to be performed by the county clerks
shall In counties and cities and counties in which the office of
registrar of voters has been created, be performed by such
registrar of voters.



ARGUMENT IN FAVOR OF VOTING BY
ABSENT ELECTORS.

This proposed law, commonly known as the
Postal voting Act, is designed in the interests
of a large number of citizens who, by reason
of their occupations, are generally called away
from home on election day and are thus prac-
tically disfranchised. Incidentally, too, there are
many others who, by the accidents of life, such
as the sickness of an absent relative, are called
away from home. The proposed measure would
be of particular benefit to commercial travelers,
locomotive engineers, trainmen, and railway pos-
tal clerks. It is probable that there are thirty
thousand or more men in these occupations who
now are prevented from voting.

The measure provides machinery through which
the votes of such men as have been enumerated
above may be cast and counted. The first of its
provisions is that any registered voter may apply
to the county clerk of the county in which he
resides, not less than ten nor more than twenty
days prior to a given election, and receive an
identification certificate. The certificate contains
a description of the man to whom it is given and
his signature. It is issued under the seal of the
superior court, and together with the ballot is
sealed in an envelope. The voter carries this
with him wherever his duties require him to go.

Election day having come, the voter may pre-
sent himself at any polling place in the. state
and deliver the package containing his certificate
and ballot to the officers of the election board.
The seal is broken by them and the description
contained in the certificate checked with the ap-
pearance of the man who presents it. He is also
required to swear that he is the same person to
whom it was issued and to sign his name to an
affidavit. After all steps in the verification have
been taken, the ballot Is returned. to the appli-
cant and he is allowed to stamp tHe same. The
ballot is tlien returned to the election board,
together with the certificate, and is mailed to
the county clerk by whom it was issued.

All such ballots are retained by the clerk until
the day on which the official canvass of the elec-
tion is made by the supervisors. At that time,
the clerk, the district attorney, and other copnty
officials designated in the measure, meet as a
special board and, step by step, in an orderly
way as provided, canvass all ballots of this kind
received. Should cases of fraud arise, the ballots
and certificates are turned over to the district
attorney, whose duty it is to conduct an exam-
ination for the purpose of placing the responsi-
bility for the fraud, and to prosecute the culprit.

The benefits from such a law are so great that
the objections which may arise regarding it are
hardly worthy of consideration. The judgment
of the engineer, the commercial traveler or the
student is quite as valuable to the welfare of
the commonwealth as that of any other class
of citizens who might be named : and if these
men are to retain a healthy interest in the affairs
of state, some method must be provided through
which they will be allowed and encouraged to
participate in the election of officials.

Fred H. Hall.



ERRORS IN TEXT.



Acting under advice from the office of the attorney general, received at the outset of the
preparation of this pamphlet, the constitutional amendments and other measures proposed by the
legislature, and acts submitted to the referendum, have been reproduced. literally as to text, exactly
as they appear in the official copies on file in the state archives, even to the reprinting of typo-
graphical errors. This course was also followed with the initiative measures. Conspicuous among
such errors reprinted are the following, with the pages of this pamphlet upon which they appear:
Page 5, column 1, section la, line 6, "securties" instead of "securities."
Page 14, column 1, section 8, line 6, "from" instead of "form" or "frame."
Page 19, column 1, line 5, tlie word "than" omitted between the words "more" and "sixty."
Page 23, column 1, section 23, line 4, "interburban" instead of "interurban."
Page 26, column 1, section 31, repetition of words beginning with word "shall" in line 17 and
ending with syllable "tlon" in line 22.

Page 29, column 1, title, line 3, repetition of word "the."

Page 36, column 1, section 6, line 26, "treasury" instead of "treasurer."

Page 56, column 2, section 27, line 8, "not" Instead of "nor."

Page 61, column 1, section 12, line 45, "acknowledgd" Instead of "acknowledged."

Page 63, column 2, section 45, line 19, "effect" Instead of "affect."

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INDEX.

Paok

ABATEMENT OF NUISANCES, (Red Light Abatement Act) 50

ABSENT ELECTORS, voting by mail 101

ALAMEDA COUNTY, authorized to Incur bonded Indebtedness for exposition purposes 7

APPEAL, DISTRICT COURTS OF, extra sessions 2

ASSEMBLY PAY ROLl- EXPENSES, amount allowed 13

AUDITOR OF INVESTMENTS, act creating office 78

BLUE SKY LAW, Investment Companies Act..^ 38

Investors' Protective Act 78

BONDED INDEBTEDNESS, Incurring of, by counties, cities and other subdivisions 7

BOND ELECTIONS, property qualification of voters ^ 55

BONDING ACTS AND MEASURES.

Los Angeles state building 70

Sacramento state buildings 32

San Francisco harbor Improvement 36

San Francisco stat^ building

State Fair grounds

University of California buildings

BONDS, of public corporations, place of payment

BOXING EXHIBITIONS, act regulating



35

73

^ 4

95

CHARTERS, of cities, how framed and adopted 14

City and county consolidation, and annexation with consent of annexed territory 85

Consolidation of city and county, and limited annexation of conti^ruous territory 89

County, how framed and adopted 18

COMMISSIONER OF CORPORATIONS, act creating office (Blue Sky Law) 38

CONDEMNATION, Of property for public purposes, by state, county or municipality 6

Property of public utility, valuation by railroad commission 26

CONSOLIDATION, OF CITY AND COUNTY GOVERNMENTS, and annexation with consent of

annexed territory 85

Limited annexation of contiguous territory 89

CONSTITUTIONAL CONVENTIONS, method of electing delegates, and mode of procedure 27

COI^VENTION, for revision of constitution, resolution callingr 30

COUNTY CHARTERS, how framed and adopted 18

COURTS OF APPEAL, extra sessions of 2

DAY OF REST, one In seven 83

DEPOSIT OF PUBLIC MONEYS 93

DRAINAGE, IRRIGATION, AND RECLAMATION DISTRICTS, legislative control of 17

DRUGLESS PHYSICIANS, state board for examination 97

EDUCATIONAL INSTITUTIONS, exemption from taxation 5

EIGHT HOUR LAW, limiting hours of labor 58

ELECTIONS, by plurality, preferential vote and primary 12

Bond, property qualification required ; 55

Non-partisan, for delegates to constitutional conventions 27

Prohibition, limitation of 75

Voting at, by absent electors 101 ^

EMINENT DOMAIN, exercise of, by state, county or municipality 6

Valuation of public utilities condemned by state, county, municipality or municipal water

district '. 26

ERRORS, In text, of measures printed In this pamphlet 103

EXPOSITION, Panama- Pacific, Alameda county contribution 7

GAME, WILD, sale of, prohibited 52

HOURS OF LABOR, eight hour law 58

INCORPORATION OF MUNICIPALITIES, and performance of certain functions by county

officers 26

INTEREST, on bonds of public corporations, where payable 4

INTERNATIONAL WATER SYSTEMS, control of by Irrigation districts 26

INVESTMENT COMPANIES ACT (Blue Sky Law) 38

INVESTORS' PROTECTIVE ACT, regulating investment companies 78

IRRIGATION DISTRICTS, controlling International water systems 26

IRRIGATION, RECLAMATION AND DRAINAGE DISTRICTS, legislative control of 17

JUSTICE, miscarriage of 3

One hundred four Digitized by VjOOQ IC



Page

LAND TITLE LAW, Torren8 system of land registration 59

LEGISLATURE, pay roll expenses for senate and assembly 13

LIQUORS, INTOXICATING, prohibition against 56

Prohibition elections, limitation of „, ,_^ .• , ^ ., , ^ ,^ ^ 76

Suspension of prohibition amendment ^,«, ..^*««,,m«— « - -*• - -^-,, ^•^^ 82

LOCAL TAXATION EXEMPTION, governed by counties or municipalities 11

LOS ANGELES state building bonds^ 70

MINIMUM WAGE, tor women and minors 29

MISCARRIAGE OF JUSTICE 3

MUNICIPAL CHARTERS, how framed and adopted 14

See, also, CHARTERS.
MUNICIPAL COURTS, chartered cities authorized to establish 86

Establishment of. In chartered cities 89

MUNICIPALITIES, acquirement and operation of public utilities 9

Condemnation of property by, for public improvement 6

incorporation of, and performance of certain functions by county officers 25

See, also, CHARTERS; PUBLIC UTILITIES; TAXATION.
MONEYS, public, deposit of 93

NON-SALE OF GAME, wild 52

NUISANCES, ABATEMENT OF (Red Light Abatement Act) 50

PAY ROLL EXPENSES, senate and assembly 13

PHYSICIANS, drugless, state board for examination 97

POLL TAX, abolition of 54

POSTAL VOTE, by electors absent from home precincts 101

PREFERENTIAL VOTING, at primary or other elections 12

PRIZE FIGHTS, act prohibiting 95

PROHIBITION, against Intoxicating liquors — 56

PROHIBITION AMENDMENT, suspension of 82

PROHIBITION ELECTIONS, limitation of 75

PROPERTY QUALIFICATION, of voters at bond elections 55

PUBLIC MONEYS, deposit of 93

PUBLIC PROPERTY, taxation of 9

PUBLIC UTILITIES. See UTILITIES.

RECLAMATION, DRAINAGE, AND IRRIGATION DISTRICTS, legislative control of 17

RED LIGHT ABATEMENT ACT (abatement of nuisances) 50

REGULATION OF PUBLIC UTILITIES, by railroad commission . 23

RESOLUTION, calling convention for revision of constitution 30

See, also, CONSTITUTIONAL CONVENTIONS.

REST, one day of In seven 83

RIPARIAN RIGHTS, act creating state water commission 42

SACRAMENTO STATE BUILDINGS BONDS, act to provide for 32

SAN FRANCISCO HARBOR IMPROVEMENT, act to provide for 36

SAN FRANCISCO STATE BUILDING ACT, bond Issue _ 33

SENATORS, UNITED STATES, election of 30

STATE FAIR GROUNDS BONDS, act to provide for 35

SUSPENSION of prohibition amendment 82

TAXATION, educational Institutions exempted from 5

Local exemption, determined by counties or municipalities ^ 11

Poll tax, abolition of 54

Public property, located outside of county or municipality owning same 9

Vessels exempted from, registered in California _ 5

TITLES, LAND, establishment of by Torrens system 59

UNITED STATES SENATORS, election of 30

UNIVERSITY OF CALIFORNIA, buildings bond act 73

UTILITIES, public, acquirement of by municipalities 9

Regulation of, by railroad commission.. 23

Valuation of, by railroad commission, in condemnation proceedings 26

VESSELS, exemption from taxation, of those registered in California 5

VOTERS, property qualification of, at bond elections 55

See, also, ELECTIONS.
VOTING, by absent electors, by mail 101

WAGE, MINIMUM, for women and minors 29

WATER COMMISSION ACT, regulating appropriation and use of water 42

WATER SYSTEMS, international, control of by irrigation districts 26

WILD GAME, sale of, prohibited -, 52

Digitized b^cAie. hundred five



ORDER OF MEASURES ON BALLOT, AND LOCATION IN THIS PAMPHLET.

No. Pagb No. Paqb

1. Calling convention for revision of const!- 25. Adoption and amendment of munlclpai

tutlon 30 charters 14

2. Prohibition ^ — _ ... 56 26. Legislative control of Irrigation, reclama.

3. Eight hour law __^_ ;__^^_i«^ 58 tlon and drainage districts ._ 17

4. Abatement of nuisances 50 27. County charters 18

5. Investment companies act 38 28. Regulation of public utilities 23

6. Water commission act 42 29, incorporation of municipalities 25

7. Local taxation exemption 11 30. irrigation districts controlling interna-

8. Exempting vessels from taxation 5 t'ona' water systems 26

9. Regulating investment companies 78 31. Valuation of condemned public utilities by

10. Abolition of poll tax 54 ,^ .^.''*L. ®°**^.T.T f*i°." 1 ^^

11. University of California building bond act 73 ff- S'*/;V°"x?;. Y \^^ States senators 30

12. Constitutional conventions 27 33. Public utilities In municipalities 9

13. Qualification of voters at bond elections- 55 JJ' P^**'°" ?' public property 9

14. Voting by absent electors 101 ff. Sacramento state building bonds 32

15. Deposit of public moneys 93 f$- |f " Francisco state building act 33

16. Condemnation for public purposes 6 ^7. State Fair grounds bonds 35

17. Exposition contribution by Alameda coun- fS. Los Angeles state bulding bonds 70

ty 7 39. Suspension of prohibition amendment 82

18. Non-saFe of game I I 52 40. Extra sessions of district courts of appeal 2

19. Consolidation of city and county, and llm- ^"•' Miscarriage of justice 3

Ited annexation of contiguous territory. 89 42, Place of payment of bonds and Interest — 4

20. Prize fights 95 43. Exempting educational Institutions from

21. City and county consolidation, and annex- ^^ taxation 5

atlon with consent of annexed territory. 55 44. Minimum wage 29

22. Land title law 59 45. One day of rest in seven 83

23. Elections by plurality, preferential vote 46. Drugless practice 97

and primary 12 47. Prohibition elections 75

24. Assembly pay roll expenses 13 48. San Francisco harbor Improvement act.. 36

SUMMARY OF MEASURES SUBMITTED TO ELECTORS.

(Total number, 48.)

CONSTITUTIONAL AMENDMENTS PROPOSED BY LEGISLATURE.

Page

S. C. A. No. 12. Miscarriage of Justice 3

S. C. A. No. 13. Place of payment of bonds and interest 4

S. C. A. No. 15. Exempting educational Institutions from taxation __ _. 5

S. C. A. No. 16. Condemnation for public purposes 6

S. C. A. No. 17. Exempting vessels from taxation .• 5

S. C. A. No. 34. Exposition contribution by Alameda county 7

S. C. A. No. 53. Public utilities in municipalities 9

A. C. A. No. 6. Taxation of public property ?

A. C. A. No. 7. Local taxation exemption 11

A. C. A. No. 19. Elections by plurality, preferential vote and primary 12

A. C. A. No. 23. Assembly pay roll expenses 13

A. C. A. No. 25. Adoption and amendment of municipal charters 14

A. C. A. No. 32. Extra sessions of district courts of appeal 2

A. C. A. No. 47. Legislative control of Irrigation, reclamation and drainage districts 17

A. C. A. No. 60. County charters IS

A. C. A. No. 62. Regulation of public utilities 23

A. C. A. No. 81. incorporation of municipalities 115

A. C. A. No. 84. irrigation districts controlling international water systems 26

A. C. A. No. 87. Valuation of condemned public utilities by railroad commission 26

A. C. A. No. 88. Constitutional conventions 27

A. C. A. No. 90. Minimum wage 1 29

A. C. A. No. 92. Election of United States senators 30

CONCURRENT RESOLUTION SUBMITTED BY LEGISLATURE.
A. C. R. No. 17. CaLingr convention for revision of constitution 30

BONDING PROPOSITIONS SUBMITTED BY LEGISLATURE.

Sacramento state buildings 32

San Francisco harbor improvement 3'7

San Francisco state building 33

State Fair grounds 25

ACTS OF LEGISLATURE SUBMITTED TO REFERENDUM.

Abatement of nuisances; Red Light Abatement Act ; 5^

investment Companies Actj Blue Sky Law S8

Non-sale of game; amends Penal Code section 626k ^2

Water Commission Act; creates state water commission ^2

One hundred six

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CONSTITUTIONAL AMENDMENTS PROPOSED BY INITIATIVE PETITION.

Page
Abolition of poll tax 54

Deposit of public moneys 93,

City and county consolidation, and annexation with consent of annexed territory— . 85

Consolidation of city and county, and limited annexation of contiguous territory ^ 89

Prohibition _ ,'. 56

Prohibition elections 75

Suspension of prohibition amendment 82

Qualification of voters at bond elections 55

BONDING PROPOSITIONS SUBMITTED BY INITIATIVE PETITION.

Los Angeles state building 70

University of California buildings 73

AMENDMENTS TO PENAL CODE SUBMITTED BY INITIATIVE PETITION.

E'siKt hour law 58

Prize fights 95

GENERAL LAWS SUBMITTED BY INITIATIVE PETITION.

Regulating Investment companies 78

Land title law 59

One day of rest in seven 83

Drugless practice 97

Voting by absent electors - 101

RECAPITULATION.

AMENDMENTS TO CONSTITUTION.

Art. I, Sees. 26 and 27. Prohibition 56

Art. I, Sec. 26a. Suspension of prohibition amendment 82

Art. II, Sec. 7. Qualification of voters at bond elections 55

Art. IV, Sec. V/z. Prohibition elections 75

Art. IV, Sec. 23a. Assembly pay roll expenses 13

Art. IV, Sec. 31. Irrigation districts controlling International water systems 26

Art. V, Sec. 20. Election of United States senators 30

Art. VI, Sec. 4a. Extra sessions of district courts of appeal 2

Art. VI, Sec. 4«/2. Miscarriage of Justice 3

Art. XI, Sec. 6. Incorporation of municipalities ^ 25

Art. XI, Sec. 7!/2. County charters 18

Art. XI, Sec. 8. Adoption and amendment of municipal charters 14

Art. XI, Sec. SYz. City and county consolidation 85

Art. XI, Sec. S^/z' Consolidation of city and county 89

Art. XI, Sec. 13. Legislative control of Irrigation, reclamation and drainage districts 17

Art. XI, Sec. 13'/2- Place of payVnent of bonds and Interest 4

Art. XI, Sec. I6J/2. Deposit of public moneys 93

Art. XI, Sec. 18. Exposition contribution by Alameda county 7

Art. XI, Sec. 19. Public utilities In municipalities 9

Art. XI, Sec. 20. Condemnation for public purposes 6

Art. XII, Sec. 23. Regulation of public utilities 23

Art. XII, Sec. 23a. Valuation of condemned public utilities by railroad commission 26

Art. XIII, Sec. 1. Taxation of public property : 9

Art. XI I i. Sec. la. Exempting educational Institutions from taxation 5

Art. XIII, Sec. 4. Exempting vessels from taxation 5

Art. XIII, Sec. 8/2. Local taxation exemption 11

Art. XIII, Sec. 12. Abolition of poll tax 54

Art. XVIII, Sec. 2. Constitutional conventions 27

Art. XX, Sec. 13. Elections by plurality, preferential vote and primary 12

Art. XX, Sec. 17J/2' Minimum wage . 29

CONCURRENT RESOLUTION.

A. C. R. 17. Calling convention for revision of constitution 30

AMENDMENTS TO PENAL CODE.

Section 393K2« Eight hour law 58 Section 626k. Non-sale of game 52

Sections 412, 413, 413J/2- Prize fights 95

BONDING PROPOSITIONS.

Los Angeles state building 70 San Francisco harbor Improvement 36

Sacramento state buildings 32 State Fair grounds * 35

San Francisco state building 33 University of California buildings 78

GENERAL LAWS.

Abatement of nuisances — 50 One day of rest In seven tS

Drugless practice 97 Regulating Investment companies 78

Investment companies act. ^ 38 Voting by absent electors 101

Land title faw 59 Water commission act -. 42



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MANNER IN WHICH QUESTIONS, PROPOSITIONS. PROPOSED lAWS AND CONSTITUTIONAL
AMENDMENTS WILL BE DESIGNATED ON THE BALLOT.



CALLING CONVENTION FOR REVISION OP CONSTTTirTION. Assembly Concur-
rent Resolution 17. Recommends that electors vote tor or against a convention for
revising the constitution ; provides that if majority vote In favor thereof, the legls-
1 lature shall at next session provide for election of delegates to such convention and
* the holding thereof at state capitol within three months from date of election calling
the same, and that it shall continue in session imtil it has completed the work of
revision and provided for submission thereof to electors.


YES




NO




PROHIBITION. Initiative amendment adding sections 26 and 27 to article I of consti-



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 34 of 36)