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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.

1.

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.

Construction

of subdivision 3.-The first sentence of subdivision 3 means that if there is any fact required to be stated by any other law, the affidavit must state it,

although such fact is not expressly mentioned in the form given in section 1097 (concurring opinion of Shaw, J.).-Don v. Pfister, 172 Cal. 25, 155 Pac. 60.

§ 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.

§ 1120.

1.

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.

Qualification and registration of voters. Registration is not a qualification of an elector, and can not add to the qualifications fixed by the constitution, but it is to be regarded as a reasonable regulation by the legislature for the purpose of ascertaining who are qualified electors in order to

prevent illegal voting.-Minges v. City of Merced, 27 Cal. App. 15, 148 Pac. 816.

2. A qualified elector is a person whose qualifications measure up to the constitutional standard, while a registered qualified elector is a person who possesses the constitutional qualifications and is registered in accordance with the registration stat

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ELECTION TICKETS AND BALLOTS.

§ 1188. Nomination of candidates otherwise than by primary election.
§ 1192. Nomination papers must be filed when.

§ 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 nominated 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.

§ 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.

§ 1197.

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.

FORM OF BALLOT-CONSTRUCTION OF

SECTION.

1, 2. "Distinguishing marks" (subd. 10). 3. Instruction to voters (subd. 10).

4, 5. Order of questions on ballot (subd. 3). 6. Proposition column (subd. 9).

7, 8. Two officers for different terms (subd. 8). 1. "Distinguishing marks" (subd. 10).— While section 1197 still provides for printing a direction on the ballot that "all distinguishing marks or erasures are forbidden and make the ballot void," there is no provision of substantive law anywhere in the code to the effect that "a distinguishing mark or erasure" does make the ballot vold. Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

As to "distinguishing marks," see, also, post, Pol. C. pt., § 1211, pars. 5-12.

2. The provision of section 1197 of the Political Code, devoted to the matter of form of ballot, that "all marks except the cross are forbidden," and that "all distinguishing marks or erasures are forbidden and make the ballot void," is not an enactment of substantive law at all, but a mere provision that certain cautions shall be given to the voter himself.-Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

3. Instruction to voters (subd. 10).—The provisions of subdivision 10 are not an enactment of substantive law, but mere provisions that certain cautions shall be given to the voter.-Turner v. Wilson, 171 Cal. 600, 154 Pac. 2.

4. Order of questions on ballot (subd. 3).— Questions of purely municipal or local significance are placed upon the ballot after the names of all candidates and after the submission of all questions calling for statewide determination.-City and County of San Francisco v. Jordan, 168 Cal. 313, 143 Pac. 67. 5. Where a statute in terms provided that a certain bonding proposition should be submitted at an election "and all ballots

at said election shall have printed thereon and at the end thereof" the propositión in the alternative, it meant no more than to designate that it should take its place after the names of the candidates. It is equivalent to saying that it should take on the ballot the place provided for it by law.— City and County of San Francisco v. Jordan, 168 Cal. 313, 143 Pac. 67.

6. Proposition column (subd. 9).—At an election where many proposed laws and constitutional amendments were voted upon the secretary of state in placing the proposition involving the issue of bonds for San Francisco harbor at the end of all the propositions submitted to the electors of the whole state and before questions of purely municipal or local significance performed the duty imposed by this subdivision. — City and County of San Francisco v. Jordan, 168 Cal. 313, 143 Pac. 67.

7. Two officers for different terms (subd. 8). The provision of subdivision 8 is not an enactment of substantive law.-Turner v. Wilson, 171 Cal. 600, 154 Pac. 2.

8. While it is permissible to hold such elections at one time, the offices of the commissioners sought to be recalled, because of their different terms, are separate offices, and they should be so designated upon the ballot, and the names of the candidates for such offices against each of the incumbents placed respectively in the proper places set apart on the ballot for that purpose.-Wilson v. Blake, 169 Cal. 449, Ann. Cas. 1916D 205, 147 Pac. 129.

§ 1205.

PREPARATION OF BALLOT.

1-3. Statute mandatory.

4. Leadpencil cross not sufficient.

5. Stamped cross not essential when.

1. Statute mandatory.-Under the law as it now is, and has been ever since the year 1903, the only way in which a voter can indicate his intent to vote for a particular

candidate is by stamping a cross in, or at least partly in, the voting square, the provisions of section 1205 of the Political Code being mandatory in this regard. Any other method is legally ineffectual to express an intent to vote for a particular candidate, by reason of the express language of this section providing how, and how only, the intent shall be indicated.-Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

2. The voter who has omitted to stamp his cross in, or at least partly in, the voting square, opposite the printed name of a particular candidate, has not voted for that candidate. The case is simply one of no vote. Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

3. The intent of the voter to vote for a particular candidate whose name is printed on the ballot can be expressed only by stamping a cross in or at least partly in the voting square. Lacking such stamped cross, the ballot can not be counted for such candidate, even though the courts may feel that the voter in fact intended so to vote. The express language of the law forbids it. Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

4. Leadpencil cross not sufficient.-A cross made with a leadpencil is not a cross stamped on the ballot within the meaning of this section.-Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

See post, § 1211 Pol. Pt., par. 18.

5. Stamped cross not essential when.-A stamped cross is not essential where the name is written on the ballot.-Turner v. Wilson, 171 Cal. 600, 154 Pac. 2.

See post, § 1211 Pol. Pt.

§ 1211.

MARKS ON BALLOT.

1, 2. Attempted erasure of cross.
3, 4. Construction-Subdivision 4.
5-12. "Distinguishing marks."
13. Inadvertent cross.

14-17. Invalidate when (subd. 4).

18. Leadpencil cross permissible when (subd. 1).

1. Attempted erasure of cross.-A ballot is not invalid as to one candidate because of an attempted erasure of a cross stamped opposite another candidate's name.-Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

2. The erasure of all signs of crosses placed by the voter as to certain candidates or propositions does not render the ballot invalid as to a candidate not affected thereby.-Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

3. Construction-Subdivision 4.-The effect of the amendment of 1903 to section 1211 of the Political Code by adding thereto subdivision 4, which provides that "no mark upon a ballot which is unauthorized by this act shall be held to invalidate such ballot, unless it shall appear that such mark was placed thereon by the voter for the purpose of identifying such ballot," is that where there is no evidence whatever before the trial court other than the ballot itself, unless such ballot is so marked as to warrant

an inference by the trial court that the marking was designedly made by the voter for the purpose of identifying his ballot, the ballot must not be rejected on the ground that it bears a distinguishing mark.-Turner v. Wilson, 171 Cal. 600, 154 Pac. 2.

4. Decisions relative to unauthorized marks on a ballot rendered prior to the amendment of section 1211 in this regard must be read in the light of the law as it then was.-Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

5. "Distinguishing marks." - Attempted erasures of signs of crosses first placed thereon as to some candidate or proposition are not distinguishing marks.-Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639. See as to "distinguishing marks," also, ante, § 1197, pars. 1 and 2.

6. A ballot upon which the voter has written in one of the voting squares provided for the vote on certain bond questions the word "Yes," there being four such propositions to be voted upon, does not bear a distinguishing mark.-Turner v. Wilson, 171 Cal. 600, 154 Pac. 2.

7. A ballot on which a cross is stamped in the voting square opposite the blank space under the name of a candidate for governor does not bear a distinguishing mark.-Turner v. Wilson, 171 Cal. 600, 154 Pac. 2.

8. A cross near the upper right-hand corner of the ballot, on the margin to the right of the directions to voters, does not constitute a distinguishing mark invalidating the ballot, where the stamp is very slight and has not the appearance of being the result of a deliberate impression.-Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

9. The stamping of the cross as to various propositions on the word "Yes" or "No" instead of in the voting square; the stamping of the cross on the word "Yes" followed by a stamp in the square; the writing of the word "Yes" or "No" in the voting squares instead of stamping a cross; and the marking of a cross with pen and ink in the voting square on one of the propositions, are not distinguishing marks, and it is error to exclude such ballots in so far as a contest for a particular office is concerned.-Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

10. The stamping of a cross as to both "Yes" and "No" on one of several propositions followed by the attempt to rub out one of such crosses, and the attempt with the voting stamp to cancel a cross placed in the voting square on one of such propositions, are not distinguishing marks.Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

11. The writing in of the names of two persons for justice of peace and constable, respectively, and the stamping of a cross immediately to the right of each name, but not in the voting square, is not a distinguishing mark.-Sweetser v. Pacheco, 172 Cal. 137, 155 Pac. 639.

12. The writing in of the name of "J. V. Snyder" in the blank space for the office 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. 639.

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

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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.

CHAPTER IX.

VOTING AND CHALLENGES.

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

§ 1239. 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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