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from one precinct to another the former address or precinct shall be noted in the margin of such affidavit, and the former registration shall thereupon be canceled.

Sub. 5. [Registration otherwise than above.] No person shall be registered except as above provided unless upon the production and filing of a certified copy of the judgment of the superior court directing such entry to be made.

History: Enacted March 12, 1872; amended March 30, 1874, Code Amdts. 1873-4, p. 15; April 16, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 78; March 13, 1883, Stats. and Amdts. 1883, p. 284; March 4, 1899, Stats. and Amdts. 1899, p. 61; March 19, 1909, Stats, and Amdts. 1909, p. 467; May 1, 1911, Stats. and Amdts. 1911, p. 1442; June 14, 1913, Stats, and Amdts. 1913, p. 1174; April 28, 1915, Stats. and Amdts. 1915, p. 290;

May 29, 1917, Stats. and Amdts, 1917, p. 1338. in effect July 28, 1917. 1. Construction of subdivision 3.-The although such fact is not expressly menfirst sentence of subdivision 3 means that if tioned in the form given in section 1097 there is any fact required to be stated by (concurring opinion of Shaw, J.).-Don v. any other law, the affidavit must state it, Pfister, 172 Cal. 25, 155 Pac. 60.

8 1115. INDEX TO REGISTRATION BOOKS. Within five days after the binding of said books by precincts the clerk shall prepare an index of each book, said index to contain the numbers, names, occupations and addresses, as they appear in said books. Such names shall include Christian or given names, the middle name or initial, if any; and, if the name be that of a woman, the Christian name shall be preceded by the designation of "Miss" or "Mrs.” as the case may be.

[Number of copies.] The clerk shall have at least one hundred copies of said index printed for the use of said county, and he shall have printed and shall furnish to the municipalities within said county, such additional number of copies thereof, not exceeding fifty, as the governing body of such municipalities shall by resolution require.

[Index furnished to candidates.] The county clerk shall furnish upon written or oral demand of every candidate, who is to be voted for in said county, city, or city and county or any political subdivision of said county, city, or city and county, a printed index of the registration, for such primary and general elections in which said candidate will participate, at a cost of fifty cents per thousand names. All such moneys collected shall be deposited in the county treasury, to the credit of the general fund. The number of copies of said index necessary to be printed shall apply only to the index prepared for use at general elections.

[Indexes for primaries.] In counties where indexes are prepared for primary elections, a smaller number of such indexes may be printed. The clerk shall have bound together in one or more volumes, a general index of said books arranged alphabetically by precincts, and shall keep at least one copy of said general index in his office for public reference.

(State librarian.) He shall also transmit one copy of said general index to the state librarian at Sacramento.

History: Enacted March 12, 1872; amended March 30, 1874, Code Amdts. 1873-4, p. 19; March 24, 1876, Code Amdts. 1875-6, p. 624; March 27, 1895, Stats, and Amdts. 1895, p. 231; March 4, 1899, Stats. and Amdts. 1899, p. 62; March 18, 1905, Stats. and Amdts. 1905, p. 231; April 19, 1909, Stats. and Amdts. 1909, p. 1004; April 12, 1911, Stats. and Amdts. 1911, p. 891; January 12, 1912, Extraordinary Session 1911, p. 223; June 14, 1913, Stats. and Amdts. 1913, p. 1171; April 28, 1915, Stats. and Amdts. 1915, p. 293; May 14, 1917, Stats, and Amdts. 1917,

p. 436. In effect July 27, 1917. § 1120.

prevent illegal voting.–Minges v. City of 1. Qualification and registration of vot- Merced, 27 Cal. App. 15, 148 Pac. 816. ers-Registration is not a qualification of 2. A qualified elector is a person whose an elector, and can not add to the qualifica- qualifications measure up to the constitutions fixed by the constitution, but it is to tional standard, while a registered qualified be regarded as a reasonable regulation by elector is a person who possesses the conthe legislature for the purpose of ascertain- stitutional qualifications and is registered ing who are qualified electors in order to in accordance with the registration statute. - Minges v. City of Merced, 27 Cal. App. 15, 148 Pac. 816.

8 1142.

1. Construction-Inapplicable to municipal elections.-Mandamus will not lie to compel the board of election commissioners

of the city of Oakland to appoint election officers for a municipal election to be held therein in the manner provided by section 1142 of the Political Code. That section is not applicable to such election, in view of the provisions of $$ 1044 and 1151.-Booth v. Mott, 169 Cal. 677, 147 Pac. 953.

CHAPTER VIII.

ELECTION TICKETS AND BALLOTS.

$ 1188. Nomination of candidates otherwise than by primary election.

$ 1192. Nomination papers must be filed when. 8 1188. NOMINATION OF CANDIDATES OTHERWISE THAN BY PRIMARY ELECTION. A candidate for any public office for which no nonpartisan candidate has been nominated at any primary election may be nominated subsequent to said primary election, or in lieu of any primary election, in the manner following: A nomination paper containing the name of the candidate to be nominated, with other information required to be given in the nomination papers provided for in the direct primary law then governing primary elections, shall be signed by electors residing within the district or political subdivision for which the candidate is to be presented, equal in number to at least one per cent of the entire vote cast at the last preceding general election in the state, district or political subdivision for which the nomination is to be made subject to the restrictions contained in said direct primary law. The provisions of said direct primary law as therein applied to nonpartisan offices, when the nomination to be made under this section is for an office for which nominations are made at the August primary election, and the provisions of that law as therein applied to primaries other than the August primary election and the May presidential primary election, when the nomination to be made under this section is for a municipal office or for any office to which that law does not apply, shall substantially govern as to the manner of the appointment of verification deputies, the form of nomination papers and the securing of signatures thereto, and fastening together of sections of the nomination paper containing such signatures, and the filing thereof with the county clerk, or the certification thereto by the county clerk and transmission thereof to the secretary of state or to the city clerk or secretary of the legislative body of any municipality, as the case may be, the filing of the candidate's affidavit, the payment of a filing fee, and all other things necessary to get the name of a candidate under this section upon the ballot, except that such provisions shall be directed toward getting the candidate's name on the ballot for a general or municipal election or a special election and not on the ballot for nomination at a primary election. In addition to the other matter required to be set forth on the candidate's nomination paper, it must also be set forth that each signer thereof did not vote at the primary election immediately preceding at which a candidate was nominated for the public office mentioned in said nomination paper; provided, that this statement shall be omitted in case no candidate was nominated at said primary election for the public office mentioned in said nomination paper.

Upon the filing of a sufficient nomination paper and affidavit by any candidate nomi. nated under the provisions of this section and the payment of the filing fees as hereinbefore provided, the name of such candidate shall go upon the ballot at the ensuing general or municipal election according to the provisions of section one thousand one hundred ninety-seven of this code.

History: Enacted March 12, 1872; amended March 20, 1891, Stats. and Amdts. 1891, p. 166; March 23, 1893, Stats, and Amdts. 1893, p. 303; March 19, 1907, Stats. and Amdts. 1907, p. 657, Kerr's Stats. and Amdts. 1906-7, p. 64; April 12, 1911, Stats. and Amdts. 1911, p. 898; June 14, 1913, Stats, and Amdts. 1913, p. 1168; May 26, 1915, Stats. and Amdts. 1915, p. 844; May 29, 1917, Stats. and Amdts. 1917, p. 1336. In effect July 28, 1917.

1. Construction.—The election laws are not to be interpreted so as to require that a candidate for the superior court must first

have been a successful candidate at the primaries.-Miller v. Childs, 28 Cal. App. 478, 152 Pac. 972,

8 1192. NOMINATION PAPERS MUST BE FILED WHEN. Nomination papers required to be filed with the secretary of state, or with the county clerk, shall be filed not more than sixty days, nor less than thirty-five days before the day of election, when the nomination is made by electors as provided in section one thousand one hundred eighty-eight of this code. Nomination papers required to be filed with the clerk or secretary of the legislative body of any city or town, shall be filed not more than forty days nor less than twenty days before the day of election, when the nomination is made by electors as provided in section one thousand one hundred eighty-eight of this code.

History: Enacted March 12, 1872; amended March 30, 1891, Stats. and Amdts. 1891, p. 167; March 28, 1895, Stats. and Amdts. 1895, p. 303; March 23, 1901, Stats, and Amdts. 1900-1, p. 601; March 19, 1907, Stats. and Amdts, 1907, p. 650, Kerr's Stats. and Amdts. 1906-7, p. 68; April 12, 1911, Stats, and Amdts. 1911, p. 893; June 14, 1913, Stats. and Amdts. 1913, p. 1169; April 28, 1915, Stats. and Amdts. 1915, p. 295; May 29, 1917, Stats, and Amdts. 1917, p. 1337. In effect July 28,

1917. $ 1197.

at said election shall have printed thereon

and at the end thereof" the proposition in FORM OF BALLOT-CONSTRUCTION OF

the alternative, it meant no more than to SECTION.

designate that it should take its place after 1, 2. “Distinguishing marks" (subd. 10).

the names of the candidates. It is equiva3. Instruction to voters (subd. 10).

lent to saying that it should take on the 4,5. Order of questions on ballot (subd. 3).

ballot the place provided for it by law.6. Proposition column (subd. 9).

City and County of San Francisco V. Jordan, 7, 8. Two officers for different terms (subd. 8).

168 Cal. 313, 143 Pac. 67. 1. “Distinguishing marks” (subd. 10),- 6. Proposition column (subd. 9).-At an While section 1197 still provides for print- election where many proposed laws and coning a direction on the ballot that "all dis- stitutional amendments were voted upon the tinguishing marks or erasures are forbidden secretary of state in placing the proposition and make the ballot void," there is no pro- involving the issue of bonds for San Franvision of substantive law anywhere in the cisco harbor at the end of all the proposicode to the effect that "a distinguishing tions submitted to the electors of the whole mark or erasure" does make the ballot state and before questions of purely municivoid.Sweetser v. Pacheco, 172 Cal. 137, 155 pal or local significance performed the duty Pac. 639.

imposed by this subdivision. —City and As to “distinguishing marks," see, also, County of San Francisco V. Jordan, 168 Cal. post, Pol. C. pt., § 1211, pars. 5-12.

313, 143 Pac. 67. 2. The provision of section 1197 of the

Two officers for different terms Political Code, devoted to the matter of (subd. 8).—The provision of subdivision 8 is form of ballot, that “all marks except the not an enactment of substantive law.—Turcross are forbidden,” and that "all distin- ner v. Wilson, 171 Cal. 600, 154 Pac. 2. guishing marks or erasures are forbidden 8. While it is permissible to hold such and make the ballot void," is not an enact- elections at one time, the offices of the comment of substantive law at all, but a mere missioners sought to be recalled, because provision that certain cautions shall be of their different terms, are separate offices, given to the voter himself. Sweetser and they should be so designated upon the Pacheco, 172 Cal. 137, 155 Pac. 639.

ballot, and the names of the candidates for 3. Instruction to voters (subd. 10).—The such offices against each of the incumbents provisions of subdivision 10 are not an en- placed respectively in the proper places set actment of substantive law, but mere provi- apart on the ballot for that purpose.—Wilsions that certain cautions shall be given to son v. Blake, 169 Cal. 449, Ann, Cas. 1916D the voter.-Turner v. Wilson, 171 Cal. 600, 205, 147 Pac.' 129. 154 Pac. 2.

4. Order of questions on ballot (subd. 3).- $ 1205. Questions of purely municipal or local sig

PREPARATION OF BALLOT. nificance are placed upon the ballot after

1-3. Statute mandatory. the names of all candidates and after the

4. Leadpencil cross not sufficient. submission of all questions calling for state

5. Stamped cross not essential when. wide determination.-City and County of San Francisco v. Jordan, 168 Cal. 313, 143 Pac. 67. 1. Statute mandatory.-Under the law as

5. Where a statute in terms provided it now is, and has been ever since the year that a certain bonding proposition should 1903, the only way in which a voter can be submitted at an election "and all ballots indicate his intent to vote for a particular ing of a cross with pen and ink in the (subd. 1).

V.

candidate is by stamping a cross in, or at an inference by the trial court that the least partly in, the voting square, the pro- marking was designedly made by the voter visions of section 1205 of the Political Code for the purpose of identifying his ballot, the being mandatory in this regard. Any other ballot must not be rejected on the ground method is legally ineffectual to express an that it bears a distinguishing mark.—Turintent to vote for a particular candidate, ner v. Wilson, 171 Cal. 600, 154 Pac. 2. by reason of the express language of this 4. Decisions relative to unauthorized section providing how, and how only, the marks on a ballot rendered prior to the intent shall be indicated.–Sweetser v. Pa- amendment of section 1211 in this regard checo, 172 Cal. 137, 155 Pac. 639.

must be read in the light of the law as it 2. The voter who has omitted to stamp then was.-Sweetser v. Pacheco, 172 Cal. 137, his cross in, or at least partly in, the voting 155 Pac. 639. square, opposite the printed name of a par- 5. “Distinguishing marks." — - Attempted ticular candidate, has not voted for that erasures of signs of crosses first placed candidate. The case is simply one of no thereon as to some candidate or proposivote.—Sweetser v. Pacheco, 172 Cal. 137, 155 tion are not distinguishing marks.—SweetPac. 639.

ser v. Pacheco, 172 Cal. 137, 155 Pac. 639. 3. The intent of the voter to vote for a See as to "distinguishing marks," also, particular candidate whose name is printed ante, $ 1197, pars. 1 and 2. on the ballot can be expressed only by 6. A ballot upon which the voter has stamping a cross in or at least partly in the written in one of the voting squares provoting square. Lacking such stamped cross, vided for the vote on certain bond questions the ballot can not be counted for such can- the word “Yes," there being four such propdidate, even though the courts may feel ositions to be voted upon, does not bear a that the voter in fact intended so to vote. distinguishing mark.-Turner v. Wilson, 171 The express language of the law forbids Cal. 600, 154 Pac, 2. it.Sweetser v. Pacheco, 172 Cal. 137, 155 7. A ballot on which a cross is stamped Pac. 639.

in the voting square opposite the blank Leadpencil cross not suficient.-A space under the name of a candidate for cross made with a leadpencil is not a cross governor does not bear a distinguishing stamped on the ballot within the meaning mark.—Turner v. Wilson, 171 Cal. 600, 154 of this section.-Sweetser v. Pacheco, 172 Pac. 2. Cal. 137, 155 Pac. 639.

8. A cross near the upper right-hand corSee post, $ 1211 Pol. Pt., par. 18.

ner of the ballot, on the margin to the right 5. Stamped cross not essential when.-A of the directions to voters, does not constistamped cross is not essential where the tute a distinguishing mark invalidating the name is written on the ballot.-Turner v. ballot, where the stamp is very slight and Wilson, 171 Cal. 600, 154 Pac, 2.

has not the appearance of being the result See post, $ 1211 Pol. Pt.

of a deliberate impression.-Sweetser v. Pa

checo, 172 Cal. 137, 155 Pac. 639. § 1211.

9. The stamping of the cross as to various MARKS ON BALLOT.

propositions on the word "Yes" or "No" in1, 2. Attempted erasure of cross.

stead of in the voting square; the stamping 3, 4. Construction Subdivision 4.

of the cross on the word “Yes” followed by 5-12. “Distinguishing marks."

a stamp in the square; the writing of the 13. Inadvertent cross.

word "Yes" or "No" in the voting squares 14-17. Invalidate when (subd. 4).

instead of stamping a cross; and the mark18. Leadpencil cross permissible when

voting square on one of the propositions, are 1. Attempted erasure of cross.-A ballot not distinguishing marks, and it is error to is not invalid as to one candidate because exclude such ballots in so far as a contest of an attempted erasure of a cross stamped for a particular office is concerned.-Sweetopposite another candidate's name.-Sweet- ser v. Pacheco, 172 Cal. 137, 155 Pac. 639. ser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

10. The stamping of a cross as to both 2. The erasure of all signs of crosses "Yes" and "No" on one of several proposiplaced by the voter as to certain candidates tions followed by the attempt to rub out or propositions does not render the ballot one of such crosses, and the attempt with invalid

as to a candidate not affected the voting stamp to cancel a cross placed thereby.-Sweetser v. Pacheco, 172 Cal. 137, in the voting square on one of such propo155 Pac. 639.

sitions, are not distinguishing marks.3. Construction-Subdivision 4.-The ef- Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. fect of the amendment of 1903 to section 639. 1211 of the Political Code by adding thereto 11. The writing in of the names of two subdivision 4, which provides that "no mark persons for justice of peace and constable, upon a ballot which is unauthorized by this respectively, and the stamping of a cross act shall be held to invalidate such ballot, immediately to the right of each name, but unless it shall appear that such mark was not in the voting square, is not a distinplaced thereon by the voter for the purpose guishing mark.-Sweetser V. Pacheco, 172 of identifying such ballot," is that where Cal. 137, 155 Pac. 639. there is no evidence whatever before the 12. The writing in of the name of "J. V. trial court other than the ballot itself, un- Snyder" in the blank space for the office less such ballot is so marked as to warrant of lieutenant-governor, although such name

was printed on the ballot as one of the candidates for that office, is not a distinguishing mark. Sweetser V. Pacheco, 172 Cal. 137, 155 Pac. 639.

13. Inadvertent cross.-A ballot is not invalid because it contains a light and apparently inadvertent cross stamped in the upper right-hand corner.-Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

14. Invalidate when (subd. 4).—The controlling rule of substantive law as to the invalidating of ballots by reason of unauthorized marks, including erasures, is that of this subdivision, and not that of subd. 10 of $ 1197. There is no difference between erasures and other unauthorized marks.Sweetser v. Pacheco, 172 Cal. 137, 155 Pac.

the voter of some name not printed on the ballot, without writing any name in said space, is properly counted.--Sweetser V. Pacheco, 172 Cal. 137, 155 Pac. 639.

16. The stamping of a cross in the rectangular space at the right of the name of the candidate, but not within the voting square, is ineffectual.--Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

17. The making of a leadpencil cross in a voting square is ineffectual.-Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

18. Leadpencil cross permissible when (subd. 1).—A ballot which contains a pencil cross opposite the name of a candidate written in by the voter is a legal ballot; a stamped cross is not essential in the case of a name written on the ballot.-Turner v. Wilson, 171 Cal. 600, 154 Pac. 2.

See ante, $ 1205, par. 4.

15. A ballot on which a cross is stamped in the voting square at the right of a blank space left on the ballot for the insertion by

CHAPTER IX.

VOTING AND CHALLENGES.

§ 1239. Rules for the determination of questions of residence.

81239. RULES FOR THE DETERMINATION OF QUESTIONS OF RESIDENCE. The board of election, in determining the place of residence of any person, must be governed by the following rules, as far as they are applicable:

1. That place must be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning;

2. A person must not be held to have gained or lost residence by reason of his presence or absence from a place while employed in the service of the United States, or of this state, nor while engaged in navigation, nor while a student of any institution of learning, nor while kept in an almshouse, asylum, or prison;

3. A person must not be considered to have lost his residence who leaves his home to go into another state, or precinct in this state, for temporary purposes merely, with the intention of returning;

4. A person must not be considered to have gained a residence in any precinct into which he comes for temporary purposes merely, without the intention of making such precinct his home;

5. If a person remove to another state with the intention of making it his residence, he loses his residence in this state;

6. If a person remove to another state with the intention of remaining there for an indefinite time, and as a place of present residence, he loses his residence in this state, notwithstanding he entertains an intention of returning at some future period;

7. The place where a man's family resides must be held to be his residence; but if it be a place for temporary establishment for his family, or for transient objects, it is otherwise;

8. If a man have a family fixed in one place, and he does business in another, the former must be considered his place of residence; provided, that any man having a family, and who has taken up his abode with the intention of remaining, and whose family does not so reside with him, must be regarded as a resident where he has so taken up his abode;

9. The residence of the husband is the residence of the wife except in the case mentioned in the proviso in subdivision eight hereof;

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