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voters, and may also provide by resolution for the registration of voters at specified times and places, other than the office of the county clerk or registrar of voters, deemed most convenient to large numbers of voters, without reference to respective or particular precincts, in such a manner that the affidavits of registration as provided by law may be taken at such time and place, of any voter within the county who is entitled to register therein; provided, however, that in any city and county no registration outside of the main office of the officer charged with the registration of voters shall be had except that which is without reference to particular precincts as last specified herein; and provided, also, that any registration which may be made at the main office for registration in any such city and county may be made and taken in any place in said city and county in such manner as may be provided by rules and regulations made by the board having control of registration in any such city and county.
[List of lodgers.] Upon the written request of the officer charged with the registration of voters, which request said officer shall make upon petition from any ten electors of the county, such petition to specify the premises from which lists are desired, every landlord or keeper of premises where lodgers abide, shall furnish said officer a list of all lodgers occupying rooms, or sleeping apartments, or beds in the premises under his or her or its control. Such lists shall be furnished upon blanks provided by said officer. Any landlord or keeper of premises where lodgers abide, who neglects or refuses to comply promptly with the provisions of this section or who furnishes a false list of such lodgers, shall be guilty of a misdemeanor. All lists so returned shall be kept on file in the office of the officer receiving same, open to public inspection. It shall be the duty of said officer to compile a list of such persons, if there are any, who are registered as residing in any of these premises and whose names are not returned in the lists furnished by the landlord or keeper thereof.
[Challenge of voters not on certified list of lodgers. At least three days before the date of the next succeeding election, in any precinct where such premises are located, said officer shall send by registered mail to the inspector of election in said precinct a certified copy of the list he has thus prepared, with instructions to challenge the vote of each and all such persons if offered at the election, under subdivision five of section one thousand two hundred thirty of the Political Code. Whenever in the laws of this state the word "register" or "great register" is used with relation to elections, it shall be deemed to mean and include the relative and proper affidavits of registration, or both thereof, prepared and bound by the county clerk or registrar of voters.
History: Enacted March 12, 1872; amended March 30, 1878, Code Amdts. 1877-8, p. 27; March 20, 1889, Stats, and Amdts. 1889, p. 424; March 27, 1895, Stats, and Amdts. 1895, p. 228; March 4, 1899, Stats. and Amdts. 1899, p. 60; May 1, 1911, Stats. and Amdts. 1911, p. 1441; June 16, 1913, Stats, and Amdts. 1913, p. 1438; March 28, 1915, Stats. and Amdts. 1915, p. 287; May 21, 1917, Stats, and Amdts. 1917, p. 798. In effect July 27, 1917.
8 1096. QUALIFICATIONS FOR REGISTRATION. The affiant making the aindavit of registration must be at least twenty-one years of age at the time of the next succeeding election; a citizen of the United States ninety days prior to such election; a resident of the state one year, of the county ninety days, and of the precinct thirty days next preceding such election and the affidavit must show such facts. It shall also show:
1. [Additional facts to be shown.] The name at length, including Christian or given name, and middle name, or initial, if any, said Christian or given name, if the name of a woman, to be preceded in all cases by the designation of Miss or Mrs., as the case may be.
2. The place of residence and post-office address with sufficient particularity to identify the same and determine therefrom the voting precinct of such affiant. If the elector be not the proprietor or head of the house, or the wife or husband of such proprietor, then it must show upon what floor thereof, and what room such elector occupies in such house.
3. The occupation of affiant.
6. If foreign born, how citizenship was acquired; whether by citizenship of father, by provisions of a treaty or act of congress, by order of a court of naturalization, by marriage to a citizen, by naturalization of a parent or husband, or otherwise. The date or year when, and the place or state where affiant became a citizen, shall be shown, except in the case of citizenship acquired by citizenship or naturalization of parents, by treaty, or by act of congress. When citizenship depends upon the citizenship or naturalization of parent or husband the name of such parent or husband shall appear.
7. The fact whether or not the elector desiring to be registered is able to read the constitution in the English language and to write his or her name, and whether or not the elector has any physical disability, by reason of which he or she can not mark the ballot; and if he or she can not mark the ballot by reason of physical disability, then the nature of such disability must be entered. The affiant, if able to write, shall sign such affidavit with his or her customary signature and the county clerk or reg. istrar before whom such affidavit is made shall insert therein the date of such affidavit, which shall be the date of the jurat. The affiant may state in such affidavit the name of any political party or organization with which he intends to affiliate at the ensuing primary election, whether or not such party or organization is a party or organization qualified, at the time of such registration, to participate in such primary election according to the provisions of the direct primary law.
History: Enacted March 12, 1872; amended March 31, 1891, Stats. and Amdts. 1891, p. 281; March 27, 1895, Stats. and Amdts. 1895, p. 299; March 4, 1899, Stats. and Amdts. 1899, p. 61; April 12, 1911, Stats, and Amdts. 1911, p. 889; June 14, 1913, Stats, and Amdts. 1913, p. 1173; April 28, 1915, Stats. and Amdts. 1915, p. 289; May 29, 1917,
Stats. and Amdts. 1917, p. 1334. In effect July 28, 1917. 1. Construction. This section so far as effective, and which are still subject to be Essential to the maintenance of the party suspended until the next general election primary provisions of the Primary Act be by the filing of a petition for a referendum came an actual part of such act, and the thereon, an elector is entitled to state in legislature could not subsequently effect his affidavit of registration the name of the such Primary Act by simply amending this political party with which he intends to section so as to eliminate party registra affiliate at the ensuing primary election, tion.-Don v. Pfister, 172 Cal. 25, 155 Pac. 60. notwithstanding the amendment of section
2. Under the law as it now exists and 1096 of the Political Code, at the regular regardless of certain acts adopted at the legislative session of 1915, by striking from recent extra session of the legislature, said section the provision that an elector which, by virtue of the referendum provi may state such fact in his affidavit.-Don v. sions of the constitution, are not as yet Pfister, 172 Cal. 25, 155 Pac. 60.
81096a. DECLARATION OF POLITICAL PARTY. At the time of registering and of transferring registration, in all places where the primary election law is in force, each elector shall declare the name of the political party with which he intends to affiliate at the ensuing primary election or elections, and the name of such political party shall be stated in the affidavit of registration and the index thereto. If the elector declines to state the fact, the fact of such declination shall likewise be stated and no person shall be entitled to vote the ticket of any political party at any primary election, by virtue of such registration, unless he has stated the name of the political party with which he intends to affiliate at the time of such registration. Nor shall he be permitted to vote on behalf of any party or for delegates to the convention of any party other than the party so designated in the registration.
[Change of political affiliation.] In case any elector shall have declined to designate or shall have changed his political affiliation prior to the close of registration for primary elections he is entitled to have such change recorded prior to the close of said registration upon application to the county clerk or registrar of voters as hereinafter provided. In case any elector shall have declined to designate or shall have changed
his political affiliations prior to the close of registration, he may appear in person before the county clerk or registrar of voters, or any registration deputy of said county clerk or registrar of voters, and make affidavit substantially in the following form:
[Form of affidavit.] State of California, County of .....
....., being duly sworn, deposes and says that he is registered on the great register of the said county of .................. as a ...... ........ (insert former party affiliation, or that he had declined to designate his party affiliation); that since the date of such registration he has changed his political views and in good faith declares his affiliation with
......... party. Subscribed and sworn to before me, this ........ ......... day of .................., 19....
The county clerk or registrar of voters shall take such affidavit without charge and shall file the same.
History: Enactment approved May 29, 1917, Stats, and Amdts. 1917, p. 1335. In effect July 28, 1917.
§ 1097. AFFIDAVIT OF REGISTRATION. Subdivision 1. No person shall be registered as an elector except by affidavit of registration. Such affidavit must be made before the county clerk or officer charged with the registration of voters, or their deputy or registration clerk and shall set forth all the facts required to be shown in sections one thousand ninety-six and one thousand ninety-seven of the Political Code.
[If elector is absent from residence.] If an elector is absent from the county in which he or she claims residence, he or she may appear before any judge or clerk of any court of record, or notary public, or if in a foreign country, before any minister, consul, or vice consul of the United States, and may make and subscribe an affidavit as to his or her residence, specifying in what ward or precinct he or she claims resi. dence; that he or she will be necessarily and unavoidably absent from said county, or city and county, on all the days allowed by law for general registration of electors, and setting forth in such affidavit each and all the matters required by sections one thousand ninety-six and one thousand ninety-seven of the Political Code of the State of California, and forward such affidavit, in duplicate, duly authenticated as above, by mail, enclosed in an envelope addressed to the county clerk of any county, or the registrar of voters in any county or city and county in which he or she claims to be an elector. Upon receipt of such affidavit by such clerk or registrar of voters within the time allowed by law for registration, the said affidavit shall be entered and bound by the clerk in the proper register in such precinct.
Sub. 2. [Conditions of registering foreign born.] No foreign born person shall be registered unless:
(a) If a naturalized citizen upon the production of his or her certificate of naturalization or upon the production of a certificate of registration in the county of his or her last residence in the state, showing the date and place of naturalization, or upon his or her affidavit stating date and place of naturalization; provided, that any person registering for the first time in the state must produce his or her certificate of naturalization.
(b) If a citizen by virtue of his or her father being a citizen at the time of his or her birth, upon his or her sworn statement that his or her father was a citizen of the United States at the time of his or her birth and has been a resident thereof. Such statement need not be noted in full upon the affidavit of registration, but the words “I acquired citizenship by the citizenship of my father (naming him)” shall be sufficient.
(c) If a citizen by virtue of the naturalization of his or her parent, upon his or her affidavit that he or she became a citizen by such naturalization of his or her parent, naming such parent, that such naturalization took place during his or her minority and that he or she began to reside permanently in the United States while such minor child. Such statement need not be noted in full upon the affidavit, but the words "I
acquired citizenship by my father's, or mother's, naturalization" as the case may be, naming him or her, shall be sufficient.
(d) If a citizen by virtue of marriage to a citizen, the date and place of such marriage shall be entered upon the affidavit of registration together with the name of the husband.
(e) If a citizen by virtue of the naturalization of her husband the date or year and place of such naturalization together with the name of the husband shall be entered.
Sub. 3. [Affidavit must show all facts required.] In every case the affidavit of the party must show all the facts required to be stated. The clerk or registrar of voters may cause to be written or printed upon the margin of the affidavit, in addition to any matter hereinafter provided for, all such words as are deemed necessary or convenient for the purpose of designating the precinct, district or political subdivision for which such affidavit is taken, or deemed necessary or convenient to indicate any removal or transfer of registration, and also any date or memorandum deemed necessary or convenient to indicate the number of the ballot voted by an elector as provided by section one thousand two hundred four of the Political Code, or any other reasonable memo randa deemed necessary or convenient for the purpose of enabling such clerk or registrar of voters to perform his duties in the assorting or classification or handling of such affidavits with correctness and dispatch.
[Substitutions permitted.] Wherever in the following form of affidavit the word "county" is inserted, if the affidavit is for use in a city and county, such last mentioned words may be printed or written in lieu of said word "county." In connection with the place of residence the affidavit may have printed either the word "precinct" or the word "street" or the word "avenue," or any or all of such words as the clerk or registrar of voters shall deem most convenient in practical use for the territory in which such affidavits are to be used. In designating the residence of the voter or the postoffice address it shall not be necessary in either case to repeat the county or city and county or state where the name of said county or city and county or state previously appear. In connection with the statement regarding the citizenship of affiant, the affi. davit may have printed in brackets statements of the various methods of acquiring citizenship, and it shall be sufficient to underline, or otherwise mark, with pen and ink, or indelible pencil, that statement applicable to the particular affiant. The words printed in the body of the affidavit, which by reason of statement of the voter are not applicable to such registration, shall not be deemed a portion of such affidavit of registration. The lines to indicate the separation between the margin of the affidavit of registration and the said margin shall be at the top and on the right side of such affidavit, and may be double or single lines in the discretion of the clerk or registrar of voters of the county or city and county or territory for which the affidavit is to be used.
(Manner of printing.] The affidavit shall be printed in horizontal lines. Wherever any blank space is left in any line for the entry of any matter the lines shall not be less than one-third of an inch apart vertically. Commencing with the first statement of the affidavit proper each statement shall be numbered immediately at the left of such statement in a numerical sequence, the first statement commencing with number one, and so on to the end, but the jurat and space for the signature of the voter need not be numbered.
[Width. The horizontal width of the affidavit, separate from any and all margin, shall not be less than seven inches, and the margin upon all sides and at top and bottom shall be of such width as may be determined by the clerk or the registrar of voters. The words "affidavit of registration” shall be not less than twenty-four-point black-face type. Pen and ink or indelible pencil must be used in making the portions of the affidavit which are not printed.
[Type.] The matter in the body of the affidavit, where the size of type is not otherwise specified, shall be not less than ten-point plain-face type, save that words inserted in parentheses, which are for the information or instruction of the deputies or registration clerks, may be in smaller type at the discretion of the county clerk or registrar of voters.
[Form.] Subject to the foregoing provisions the body of said affidavit shall be substantially in the following form:
AFFIDAVIT OF REGISTRATION.
authorize the cancellation of my last previous registration in sala
-----..county) State of California
) County of The undersigned affiant, being duly sworn, says: I will be at least twenty-one years of age at the time of the next succeeding election, a citizen of the United States ninety days prior thereto, and a resident of the state one year, of the county ninety days, and of the precinct thirty days next preceding such election, and will be an elector of this county at the next succeeding election. 1. I have not (have) registered from any other precinct in the state since January 1, 1916.. (Mark out words "have not" or "have" as the case may be, and if applicant has so previously registered, or has previously regis.
tered under another name, all out the appropriate blanks at the top of the amdavit, under "statement of transfer or change of name.)
My full name is------------------------------
-------------------- ---------.. ......... (Including christian or given name, and middle name or initial, and in the case of women, the prenx Miss or Mrs.)
3. My residence is.--------
----------streets----------floor, room.-.-.-. Post-office address at------
--------------- ----------4. My occupation is----------5. My height is.-------------feet -
--------inches 6. I was born in
(State or country.) 7. I acquired citizenship by, a. Decree of court. d. Marriage to a citizen. (Underline method of acquiring
b. Father's naturalization. e. Naturalization of my husband. citizenship.)
c Citizenship of father. f. Act of congress. E. By treaty. (when)-------
--- (where) My husband's name is (was) -
(To be alled out when citizenship depends on citizenship or naturalization of parent or husband.) 8. I can..----read the constitution in the English language; I can.----- write my name; I am entitled to vote by reason of having been on November 6, 1894:
a. An elector.
6. More than sixty years of age. I can.-----mark my ballot by reason of---
(State physical disability, if any.) 9. I intend to affiliate at the ensuing primary election with the----
(If am Hation is not given, write or stamp"Declines to state.") Subscribed and sworn to before me this
(Amant sien here.)
County clerk (or registrar of voters). •Or the year when registration commenced.
ch, 710–p. 1340
Sub. 4. [Change of name by marriage.] Whenever any elector, between the time of her last registration and the time for the closing of registration for any given election in the same county or city and county, shall have lawfully changed her surname by a change or assumption of marital relation she shall be entitled to reregister under her new or changed name, upon an additional statement made at the time of such reregistration, giving the name under which she was so last registered in said county or city and county, and the residence given and contained in said last affidavit of registration, which additional statement shall be printed or written upon the margin of such affidavit of reregistration before the said affidavit is signed, and shall be deemed a part thereof. Upon such registration the last previous registration of such elector shall be canceled. And in case any elector shall reregister or transfer his or her registration