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Consolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell online

. (page 36 of 295)
Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 36 of 295)
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hundred feet of any polling place. Unless otherwise provided by law
no person shall remove any ballot from any polling place before the
closing of the poll. Unless otherwise provided by law no person shall
apply for or receive any ballot at any election precinct other than that
in which he is entitled to vote. No person shall show his ballot after
it is marked to any person in such a way as to reveal the contents
thereof, or the name or names of the candidate or candidates for whom
he has marked his ballot; nor shall any person, except a member of



377 POLITICAL CODE. §§ 1216-1230

the board of election, receive from any voter a ballot prepared by such
voter, or examine such ballot, or solicit the voter to show the same.
No person shall ask another at a polling place for whom he intends to
vote. Unless otherwise provided by law no voter shall receive a ballot
from any other person than one of the election officers; nor shall any
other person than an election officer, or other officer authorized by law
so to do, deliver a ballot to such voter. No voter shall deliver to the
board of election, or to any member thereof, any ballot other than the
one he has received from the election officer or other officer duly au-
thorized by law to furnish him with such ballot. No voter shall place
any mark upon his ballot by which it may be afterward identified as
the one voted by him. No person shall solicit a vote or speak to a
voter on the subject of marking his tifket within one hundred feet of
the polling place. [Amendment approved June 14, 1913; Stats. 1913,
p. 1172.]

Duties of registrar of voters,

§ 1216. 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 by thi9 code upon the county clerks
and other officers, in relation to matters of election and polling places,
shall be exercised and performed by such registrar of voters, and board
of election commissioners; and all certificates of nomination, nomination
papers, or election papers, required by this code or by law to be filed
with or presented to the county clerk, shall be filed with or presented
to the registrar of voters; and the deputies or clerks in the office of
the registrar of voters acting under the orders of the registrar of voters,
or the election commission shall have all the powers of the deputies
of the county clerk in matters relating to elections. [Amendment ap-
proved May 1, 1911; Stats. 1911, p. 1445.]

Grounds for challenging voters.

§ 1230. A person offering to vote may be orally challenged by any
elector of the county upon either or all of the following grounds:

1. That he or she is not the person whose name appears on the reg-
ister.

2. That he or she has not resided within the state one year next pre-
ceding the election.

3. That he or she has not been a naturalized citizen of the United
Slates for ninety days prior to the election.

4. That he or she has not resided within the county for ninety days
preceding the election.

5. That he or she has not resided within the precinct for thirty days
next preceding the election.

6. That he or she has before voted that day.

7. That he or she has been convicted of an infamous crime.



§§ 1235-1261 POLITICAL CODE. 378

8. That he or she has been convicted of the embezzlement or mis-
appropriation of public money.

9. That he or she cannot read as required by the constitution, and
does not appear by statement in the affidavit of registration to be
entitled to vote notwithstanding such inability. [Amendment approved
May 23, 1913; Stats. 1913, p. 225.]

Test on challenge.

§ 1235. If the challenge is on the ground that the person challenged
has been convicted of an infamous crime, or that' he or she has been
convicted of the embezzlement or misappropriation of public money,
he or she must not be questioned, but the fact may be proved by the
production of an authenticated copy of the record, or by the oral tes-
timony of two witnesses. If the challenge is on the ground that the
person challenged cannot read as required by the constitution, and
it does not appear by the statement in the affidavit of registration tliat
said person is entitled to vote notwithstanding such inability, the
challenge shall be determined by the board by the inspection of the
said affidavit, and by requiring the person offering to vote (if it does
not appear from said affidavit that the person is entitled to vote not-
withstanding such inability) to read any consecutive one hundred words
of the constitution of the state selected bv the judges. [Amendment
approved May 23, 1913; Stats. 1913, p. 225."j

§ 1241.

Citations. App. 14/785.

Proceedings upon determination of challenge.

§ 1242. [Kcpcaled Ai.ril 23, 1913; SUits. 1913, p. 76.]

§ 1257.

Citations. App. 11/585; 14/070, 671, 672.

Tally of votes.

§ 1258. Kach clerk must write down each office to be filled, and the
name of each person marked in each ballot as voted for to fill such
oflice, and keep the number of votes by tallies, as they are read aloud.
Such tallies must be made with pen and ink as the name of each candi-
date voted for is read aloud from the respective ballot, and immediately
upon the completion of the tallies the clerks who respectively complete
the same must draw two heavy lines in ink from the last tally mark to
the end of the line in which such tallies terminate, and also write the
initials of the person making the last tally in such line. The ballot
so read and the tally sheet so kept must, during the reading and tally-
ing, be within the clear view of watchers at the count. [Amendment
approved June 14, 1913; Stats. 1913, p. 1172.J

§ 1261.

Citations. Cal. 155/296.



■!79 POLITICAL CODE. §§ 1262-1281a

Tally lists, etc., on inspection.

§ 1262. The other list of voters, tally list, and list attached thereto
I must be sent to the county clerk or registrar, and retained by him
open to inspection of all electors for at least six months. [Amendment
approved May 23, 1913; Stats. 1913, p. 226.]

Canvass of returns. Additional sets of clerks. Open to the public.

§ 1280. If, at the time of the meeting, the returns from each pre-
cinct in the county in which polls were opened have been received, the
board must then and there proceed to canvass the returns; but if all
the returns have not been received, the canvass must be postponed
from day to day until all of the returns are received, or until six post-
ponements have b-^en had. In any county or city and county where
the number of election precincts in said county or city and county exceed
five hundred, said board may appoint several sets of clerks to perform the
clerical work of the canvass and to assist in canvassing said returns; and
said several sets of clerks so appointed may, under the order and direction
of said board, do and perform such work in the canvassing of such re-
turns simultaneously. Such canvass may be made at such place in the
county or city and county as the board may by order entered in its
minutes designate and declare to be a necessity; provided, that where
it shall be made at a place other than the usual place of meeting of
such board, the place shall be open to the public and the canvass must
be made in public, and the said board shall cause public notice to be
posted at the usual place of meeting of said board in a conspicuous
place for at least three (3) days before the time for making such can-
vass, and during all the time while such canvass is being made, which
notice shall state clearly and fully the designation and description of
the place where such canvass will be made and conducted. [Amend-
ment approved December 23, 1911; Stats. Ex. Sess. 1911, p. 17,]

Correction of election returns.

§ 1281a. If it shall appear that tbe returns from any precinct or
precincts are incomplete, or ambiguous, or are not properly authenti-
cated, or are otherwise defective, the board of supervisors, or canvassing
board, or election commission may cause subpoenas to be issued and
served, requiring the attendance before it of the election officers of
such precinct or precincts, and upon the appearance before it of the
election officers or three-fourths of them from any such precinct or pre-
cincts, may examine such election officers under oath concerning the
manner in which the votes were counted in such precinct at such elec-
tion, and the result of such count, and may require such election officers
then and there to correct or complete such returns or the authentication
thereof so that they shall truly show the votes that were cast in said
precinct at such election for each candidate voted for and for or
against each proposition voted upon thereat. Nothing herein shall be
construed to authorize the opening of ballots except as provided by law.
[New section approved June 16, 1913; Stats. 1913, p. 1164.]



§§ 1282-1309 POLITICAL CODE. 3S0

§ 1282.

Citations. Gal. 155/298.

Abstract of district election returns.

§ 1285. When there are officers, other than representatives in con-
gress, members of the state board of equalization, and justices of dis-
trift court of appeals voted for, who are chosen by the electors of a
district composed of two or more counties, each of the county clerks of
the counties composing such districts, immediately after making out
the statement specified in section 1282, must make' a certified abstract
of so much thereof as relates to the election of such officers. [Amend-
ment approved May 23, 1913; Stats. 1913, p. 226.]
Also amended April 12, 1911 (Stats. 1911, p. 894).

Transmitting election returns.

§ 1286. The clerk must seal up such abstract, indorse it "Election
Eeturns" and, without delay, transmit the same by mail or express to
the county clerk of the county which stands first in alphabetical ar-
rangement in the list of counties composing such district. [Amend-
ment approved April 7, 1911; Stats. 7911, p. 705.]

Certification of election returns.

§ 1288. When there has been a general or special election for officers
chosen by the electors of the state at large, or for judicial officers
(except justices of the peace), or for members of the state board of
equalization, or for senators and members of the assembly, each county
clerk so soon as the statement of tlie vote of his county is made out
and entered upon the records of the board of supervisors, must make
out a certified abstract of so much thereof as relates to the votes given
or cast for persons for said offices to be filled at such election, together
with a statement of the whole number of votes cast in the county as
specified in section 1282. Whenever there is a general or special elec-
tion held within this state, and any proposed constitutional amendment
or proposition to be voted for by the electors of the state at large,
each county clerk, so soon as the statement of the vote is made out
and entered upon the record of the board of supervisors, must make out
a certified abstract of such vote. [Amendment approved May 23, 1913;
Stats. 1913, p. 227.]

Same.

§ 1289. The clerk must seal up such abstract, indorse it "Election
Returns," and without delay transmit it by mail or express to the
secretary of state. [Amendment approved April 7, 1911; Stats. 1911,
p. 706.]

Same.

§ 1309. The clerk must seal up such abstract, indorse it "Presidential
Election Returns," and without delay transmit it to the secretary of



i



381 POLITICAL CODE. §§ 1313-1345

state by mail or express, or in the manner hereinafter prescribed.
[Amendment approved April 7, 1911; Stats. 1911, p. 706.]

§ 1313.

Citations. Cal. 160/759.

Election of United States senators.

§ 1332. Elections for senators in congress for full terms must be
held at the general election, at which members of the legi^Litiire are
elected, next preceding the commencement of the term to be filled.
[Amendment approved May 20, 1913; Stats. 1913, p. 237.]

Vacancy.

§ 1333. Elections to fill a vacancy in the term of a United States
senator must be held at the general election or any special election held
throughout the state next succeeding the occurrence of such vacancy.
[Amendment approved May 20, 19K5; Stats. 1913, p. 238.]

Abstract of vote for United States senators.

§ 1334. The clerk of each county, as soon as the statement of the
vote of his county at such election is made out and entered on the
records of the board of supervisors, must make a certifictl abstract of
so much thereof as relates to the vote given for persons for senators
in congress. [New section approved May 20, 1913; Stats. 1913, p. 238.]

To secretary of state.

§ 1335. The clerk must seal up such abstract, indorse it "Congres-
sional election returns for senator in congress," and without delay
transmit it by mail to the secretary of state. [New section approved
May 20, 1913; Stats. 1913, p. 238.]

Declaration of vote.

§ 1336. On the sixtieth day after the day of election, or as soon
as the returns have been received from all of the counties of the state,
if received within that time, the secretary of state must compare and
estimate the votes given or cast for such persons for senator, and certify
to the governor the person having the highest number of votes in the
state as duly elected. [New section approved May 20, 1913; Stats.
1913, p. 238.]

Governor's certificate.

§ 1337. The governor must upon the receipt of such certificate, trans-
mit to such person a certificate of his election, sealed with the great
seal and attested by the secretarv of state. [New section approved
May 20, 1913; Stats. 1913, p. 238.]

Same.

§ 1345. The clerk must seal up such abstract, indorse it "Congres-
sional Ekction Keturns," and without delay transmit it by mail or



§§ l.j.57-1370 POLITICAL CODE. 382

express to the secretary of state. [Amendment approved April 7, 1911;
Stats. 1911, p. 706.]

Delegates to be elected at primary elections.

§ 1357. [Repealed May 1, 1011; 8tats. 1911, p. 1.393.]
Citations. Cal. 155/779.

Certain terms relating to political conventions defined.
§ 1358. [Repealed May 1, 1911; Stats. 1911, p. 1393.]

Under what control. Expenses. Return.

§ 1360. [Rcpeale.l May 1, 1911; Stats. 1911, p. 1393.]

Parties entitled to designation upon official ballot. Petitions.
§ 1361. [Keiiealcd May 1, 1911; Stats. 1911, p. 1393.]
Citations. Cal. 155/779.

When shall be held.

§ 1362. [Rcjicaled May 1, 1911; Stats. 1911, p. 1393.]

Secretary of state to transmit copies of petition. Appoitionment of
delegates. Notice.
§ 1363. [Repealed May 1, 1911; Stats. 1911, p. 1393.]

Election officers. Precincts.

§ 1364. [Repealed May 1, 1911; Stats. 1911, p. 1393.]

Ballots.

§ 136.5. [Ropcale.l May 1, 1911; Stats. 1911, p. 1393.]

Qualifications and registration of voters.

§ 1366. I Repealed May 1, 1911; Stats. 1911, p. 1393.]
Citations. Cal. 157/318, 319, 320, 321.

§ 1366a.

Citations. Cal. 155/792; 157/320, 321, 400.

Manner of voting. Challenge.

§ 1367. [Repealed May 1, 1911; Stats. 1911. p. 1303.]

Duty of ballot clerk to compare signature of voters.

§ 1367a. [Repealed May 1, 1911; Stats. 1911, p. 1393.]

Legality of conventions.

§ 1368. [Rejtealed May 1, 1911; Stats. 1911, p. 1393.]

List of delegates holding credentials. Duplicate.

§ 1369. [Ropealc.l May 1, 1911; Stats. 1011, p. 1393.]

Penalty for failure to act as primary election officers.
§ 1370. [Repealed May 1, 1911; Stats. 1911, p. 1393.]



383 POLITICAL CODE. §§ 1371-1489

Election commissioners, who may act.

§ 1371. [Repealed May 1, 1911; Stats. 1911, p. 1393.]
Citations. Cal. 157/319.

Where this chapter mandatory. Where optional.

§ 1372. [Repealed May 1, 1911; Stats. 1911, p. 1393.]
Citations. Cal. 157/319, 321.

Presidential primary in May.

§ 1373. [Repealed May 1, 1911; Stats. 1911, p. 1393.]

Ballots, preservation of. Contests.

§ 1374. [Repealed May 1, 1911; Stats. 1911, p. 1393.]

Vacancies, additional vote.

§ 1375. [Repealed May 1, 1911; Stats. 1911, p. 1393.]
Citations. Cal. 155/779; 157/319.

§ 1468.

Citations. App. 14/494.

Powers and duties of normal school trustees.

§ 1489. The powers and duties of each board of trustees of the state
normal schools of California are as follows:

1. To elect a secretary who shall receive such salary (not to exceed
one hundred fifty dollars per annum) as may be allowed by the board;

2. To prescribe rules for their government and the government of the
school;

3. To prescribe rules for the reports of officers and teachers of the
school and for visiting other schools and institutions;

4. To provide for the purchase of school apparatus, furniture, equip-
ment, stationery, and text-books for the use of students;

Establish training schools.

.5. To establish at their discretion, and maintain model and training
schools of the primary and grammar grade, and, in their discretion of
the kindergarten grade, and to require the students of the normal
schools to teach and instruct classes therein.

Establish courses for training school teachers.

6. To establish at their discretion courses for the training of teachers
of drawing, music, physical culture, and commercial, technical, or in-
dustrial subjects in the elementary and secondary schools of the state
and upon the satisfactory completion of these courses to grant diplomas
of graduation therefrom.

Elect president and teachers.

7. To elect the president of the school, and to elect the teachers, upon
their nomination by the president of the school, fix their salaries, and



§ 1517 POLITICAL CODE. 38^

prescribe their duties; provided, that after the president or a teacher
has served successfully and acceptably in the school for the period of
two years prior to or after the passage of this act, his or her appoint-
ment thereafter may, at the discretion of the board of trustees, he
made for a term not to exceed four years, unless removed for cause;

Expend moneys.

8. To control and expend all moneys appropriated for the support
and maintenance of the school, and all moneys received for tuition or

donations;

Record of proceedings.

9. To cause a record of all their proceedings to be kept, which shall
be open to public inspection at the school;

Account of receipts and expenditures.

10. To keep open to jiuMic inspection an account of receipts and ex-
penditures;

Annual report of transactions.

11. To annually report to the state superintendent of public instruc-
tion a statement of their transactions, and of all matters pertaining
to the school;

President's annual report.

12. To transmit with such report a copy of the president's annual
report;

Revoke diplomas.

13. To revoke any diploma by them granted, on receiving satisfac-
tory evidence that the holder thereof is addicted to drunkenness, is
guilty of gross immorality, or is reputedly dishonest in his dealings;
provided, that such person shall have at least thirty days' previous
notice of such contemplated action, and shall, if he asks it, be heard
in his own defense;

Exclude students.

14. On recommendation of the faculty and president of the school,
to exclude students, who, because of poor scholarship or other evi-
dences of unfitness, are judged incapable of becoming successful teach-
ers in the public schools of the state. [Amendment approved June 13,
1913; Stats. 1913, p. S09.]

State board of education created. Vacancies.

§ 1517. There is liereby created a state hoard of education to con-
sist of seven members, who shall be appointed by the governor and shall
hold office for a term of four years; provided, that those members
first appointed hereunder shall be appointed within thirty days after
the taking effect of this act; one shall be appointed to serve for a



-3^5



POLITICAL CODE. § 1518



term of one year; two for a term of two years; two for a term of
three years; and two for a term of four years. Thereafter, all ap-
pointments shall be for a term of four years. Should any vacancy
occur, such vacancy shall be filled by appointment by the governor, the
person ao appointed to hold office only for the balance of the period
of time that his predecessor in office would have held had no vacancy
occurred.

No appointive member of the state board shall during his term of
office hold any salaried educational position. [Amendment approved
June 6, 1913; Stats. 1913, p. 659.]

Meeting and organization of board.

§ 1518. Tlie superintendent of public instruction shall within thirty
days after the appointment of the state board of education, as provided
for in section 1517 of the Political Code, call a meeting of such board
in his office and said board shall organize by electing one of its mem-
bers president.

Superintendent of public instruction secretary. Duties.

The superintendent of public instruction shall be secretary of the
board. Such secretary shall have charge of all correspondence and
keep a record of its proceedings. The superintendent of public in-
struction shall act as the executive officer of the state board of edu-
cation. It shall be the duty of the state board of education to deter-
mine all questions of policy; it shall be the duty of the superintendent
of public instruction to execute under direction of the board the policies
which have been decided upon, and to direct, under such general rules
and regulations as the state board of education may adopt, the work
of all assistant superintendents of public instruction, and such other
appointees, and employees of the board as may be provided by law.

Meetings.

The board shall meet every three months at such time as ^t may by
resolution determine, and special meetings may be called by the presi-
dent. Upon the request of any two members in writing, the secretary
shall call a special meeting. Notice of each meeting shall be given
by the secretary bj' registered mail to each member of the board
at least ten days prior to the time of any meeting, unless notice of
such meeting is waived in writing by all members of the board.

Majority may act.

The concurrence of the majority of all the members of the state
board shall be necessary to the validity of any of its acts.

Organization after change in membership.

At the first meeting, following any change in the membership of the
board, said board shall again organize in accordance with the above
provision. [Amendment approved June 6, 1913; Stats. 1913, p. 659.]
25



§ 1519 POLITICAL CODE. 386

Powers and duties.

§ 1519. The powers and duties of the state board of education shall
be as follows:

Rules and regulatioas.

First — To adopt rules and regulations not inconsistent with the laws
of this state for its own government, for the government of its ap-
pointees and employees, for the government of the day and evening
elementary schools, the day and evening secondary schools, the tech-
nical and vocational schools of the state and such other schools except-
ing the University of California, as may receive in whole or in part
financial support from the state. Such rules and regulations shall be
published for distribution as soon as practicable after adoption.

Attendance of witnesses, etc.

Second — To issue subpoenas to compel the attendance of witnesses
before the board, or any member thereof, in the same manner that any
court in this state may; and whenever the testimony of any witness
upon any matter pending before it is material, the president must cause
the attendance of the witness before such board, or a member thereof,
to testify concerning such matter, and the board may make a reasonable
allowance therefor, not exceeding the fees of witnesses in civil cases,
which must be paid for out of the appropriation for the contingent ex-
penses of tlie board, but in no instance can an allowance be made in
favor of a witness who appears in behalf of a claimant.

Seal.

Third — To adopt and use, in authentication of their acts, an official
seal.

Assistant superintendents of public instruction.

Fourth — To appoint throp assistant su]>erintenilents of public instruc-
tion, who jhall noi' be suliject to the provisions of any civil service law
of the state, and who shall be known and designated as follows:

(a) One commissioner of elementary schools, who shall be experienced
in teaching in and supervising elementary schools.

(b) One commissioner of secondary schools, who shall be experienced
in teaching and who has been principal or supervisor of secondary
schools.

(c) One commissioner of industrial and vocational education who has
had experience as a supervisor of industrial or vocational education.



Online LibraryCaliforniaConsolidated supplement to the codes and general laws of 1909, showing the changes affecting the codes and the general laws for the years 1911 and 1913, together with the citations contained in volumes 154 to 164 of the California Supreme Court reports and in volumes 8 to 19 of the California Appell → online text (page 36 of 295)