ARTICLE XII. MISCELLANEOUS PROVISIONS. $1026. Seals of executive officers. §1027. Great seal. $1028. Executive and judicial officers may administer oaths. §1029. Salaries of officers. $1030. Office hours. §1031. Signature of officers acting ex officio. § 1032. Records open to public inspection; exceptions in divorce and attachment. § 1033. State officers; no fees for performance of official duty. §1026. SEALS OF EXECUTIVE OFFICERS. Except where otherwise specially provided by law, the seals of office of the various executive officers are those in use by such officers at the time this code takes effect, and each of such officers must at once file a description and impression of such seal in the office of the secretary of state. History: Enacted March 12, 1872. As to definition of "seal,” see ante § 14. As to great seal of the state, see post $ 1027. As to seal of notary public, see ante § 794 subds. 7 and 8. As to seal of commissioner of deeds, see ante § 812 subds. 4 and 5. As to seal of inspector of gas-meters, see ante § 578. As to seal of fire department, see post § 3340. § 1027. GREAT SEAL. The great seal of the state is the one in use at the time of the adoption of this code. History: Enacted March 12, 1872. As to great seal of state, see Const. 1879 art. V 13, HENNING'S GENERAL LAWS p. lxxvii. As to custody and use of great seal, see ante 407 subd. 4, § 408 subd. 3, and § 416 subd. 3. §1028. EXECUTIVE AND JUDICIAL OFFICERS MAY ADMINISTER OATHS. Every executive and judicial officer may administer and certify oaths. History: Enacted March 12, 1872. 1. Applied, cited, construed, referred to. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Winder vs. Hendricks, 56 Cal. 464, 465 (cited with other sections); Haile vs. Smith, 128 Cal. 415, 420, 60 Pac. Rep. 1032 (cited with other sections). As to what officers may administer oaths, sce KERR'S CYC. CODE CIV. PROC. §§ 179, 259, 2012, 2093, 2097; also post §§ 4103, 4118. 2. DISTRICT ATTORNEY IS AN EXECUTIVE OFFICER with general power to administer and certify oaths and that power cannot be limited by judicial construction to particular kinds of oaths. Verification to an answer taken before district attorney is good and such answer will not be stricken out.-Haile vs. Smith, 128 Cal. 415, 420, 421, 60 Pac. Rep. 1032. 3. UNITED STATES COURT COMMISSIONER is not an officer authorized to administer oaths within meaning of this section.-Winder vs. Hendricks, 56 Cal. 464, 465. 1029. SALARIES OF OFFICERS. Unless otherwise provided by law, the salaries of officers must be paid out of the general fund in the state treasury, monthly, on the last day of each month. §§ 1030-1032 (220) RECORDS-INSPECTION OF-EXCEPTIONS. this section to as great an extent as if appropriation for such salaries expressly stated time and amounts of payment as part of such appropriation. The only exception to this would be where some different [Pt. III. arrangement for payment of salaries was provided for by law creating office.-Irelan vs. Colgan, 96 Cal. 413, 415, 416, 31 Pac. Rep. 294. § 1030. OFFICE HOURS. Unless otherwise provided by law, every officer must keep his office open for the transaction of business from ten o'clock a. m. until four o'clock p. m. each day, except upon holidays. History: Enacted March 12, 1872. As to holidays, see ante §§ 10, 11. § 1031. SIGNATURE OF OFFICERS ACTING EX OFFICIO. When an officer discharges ex officio the duties of another office than that to which he is elected or appointed, his official signature and attestation must be in the name of the office the duties of which he discharges. History: Enacted March 12, 1872, founded upon § 1 Act April 9, 1861, 1. Applied, cited, construed, referred to. 1. Applied, cited, construed, referred to, etc., in: In re Guerrero, 69 Cal. 88, 93, 10 Pac. Rep. 261 (applied); Niles vs. Edwards, 95 Cal. 41, 47, 30 Pac. Rep. 134 (erroneously cited as §1032). 2. City auditor who is also ex officio clerk of council should use in connection with his official signature only designation of clerk of council, and not sign as auditor and ex officio clerk.-In re Guerrero, 69 Cal. 88, 93, 10 Pac. Rep. 261. See Touchard vs. Crow, 20 Cal. 150, 81 Am. Dec. 108. § 1032. RECORDS OPEN TO PUBLIC INSPECTION; EXCEPTIONS IN DIVORCE AND ATTACHMENT. The public records and other matters in the office of any officer are at all times, during office hours, open to the inspection of any citizen of this state. In all actions for divorce, the pleadings and the testimony taken and filed in said actions, shall not be by the clerk with whom the same is filed, or the referee before whom the testimony is taken, made public, nor shall the same be allowed to be inspected by any person except the parties that may be interested, or the attorneys to the action, or by an order of the court in which the action is pending; a copy of said order must be filed with the clerk. In cases of attachment, the clerk of the court with whom the complaint is filed shall not make public the fact of the filing of such complaint, or of the issuing of such attachment, until after the filing of return of service of attachment. History: Enacted March 12, 1872; amended March 30, 1874, Code Amdts. 1873-4, p. 14. 1. Applied, cited, construed, referred to. 3. Instructions by attorney to sheriff, private. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Niles vs. Edwards, 95 Cal. 41, 47, 30 Pac. Rep. 134 (erroneously cited as §1031); In re Shortridge, 99 Cal. 526, 531, 37 Am. St. Rep. 78, 34 Pac. Rep. 227, 21 L. R. A. 755 (applied); Whelan vs. Superior Court, 114 Cal. 548, 549, 550, 46 Pac. Rep. 468 (cited). As to open inspection of public writings, see KERR'S CYC. CODE CIV. PROC. § 1892 and note. As to penalty for violation of section, see KERR'S CYC. PEN. CODE § 176 and note. As to divorce, generally, see KERR'S CYC. CIV. CODE, §§ 82-148 and notes. As to attachments, generally, see KERR'S CYC. CODE CIV. PROC. §§ 537-559 and notes. 2. SUPREME COURT IS ALWAYS OPEN for transaction of business, and modification of an order made by supreme court is not rendered nugatory by reason of absence of clerk or his failure to enter it in his minutes.-Niles vs. Edwards, 95 Cal. 41, 47, 30 Pac. Rep. 134. 3. INSTRUCTIONS GIVEN BY ATTORNEY TO SHERIFF for enforcement of writ of execution are in nature of private directions of principal to agent and do not by reason of being in writing become public record or any other public matter in office of sheriff.-Whelan vs. Superior Court, 114 Cal. 548, 549, 550, 46 Pac. Rep. 468. 4. DIVORCE.—Order of court, that no public report or publication of any character of testimony in case be made, was in excess of jurisdiction of court and violation thereof not contempt.-In re Shortridge, 99 Cal. 526, 37 Am. St. Rep. 78, 34 Pac. Rep. 227, 21 L. R. A. 755. §1033. STATE OFFICERS; NO FEES FOR PERFORMANCE OF OFFICIAL DUTY. The salaries fixed by law for all state officers, elective or appointive, shall be compensation in full for all services rendered in any official capacity or employment whatsoever, during their terms of office, and no such officer shall receive for his own use any fee or perquisite for the performance of any official duty. History: Enacted March 18, 1905, State and Amdts. 1905, pp. 212, 213, Chapter I. GENERAL PROVISIONS RELATING TO ELECTIONS, §§ 1041-1080. VIII. ELECTION TICKETS AND BALLOTS, §§ 1185-1216. IX. VOTING AND CHALLENGES, §§ 1224-1243. X. CANVASSING AND RETURNING THE VOTE, §§ 1252-1268. XI. CANVASS OF RETURNS; DECLARATION OF RESULT; COMMISSIONS AND CERTIFICATES XII. ELECTIONS FOR ELECTORS OF PRESIDENT AND VICE-PRESIDENT, §§ 1307-1322. XIV. PRIMARY ELECTIONS, §§ 1357-1380. CHAPTER I. GENERAL PROVISIONS RELATING TO ELECTIONS. Article I. Time of Holding Elections, §§ 1041-1043. IV. County, City and County Boards of Election Commissioners, §§ 1075-1080. ARTICLE I. TIME OF HOLDING ELECTIONS. § 1041. General election, when to be held. § 1042. Judicial election (repealed). § 1043. Special elections, when to be held. § 1041. GENERAL ELECTION, WHEN TO BE HELD. There must be held throughout the state, on the first Tuesday after the first Monday of November, in the year eighteen hundred and eighty, and in every second year thereafter, an election, to be known as the general election. History: Enacted March 12, 1872; amended April 16, 1880, Code Amdts. 1880 (Pol. pt.), p. 77. 1. Applied, cited, construed, referred to. 2. Act of 1865-6, construction of. 3, 4. Conformity with law. 5. Constitutional provision. 6. Election at time and place, to fill vacaney, is valid without notice, when. 7. Election must be authorized. 8. General elections, what are. 9. Hartson Act, application of. 10. Right to hold election comes from statute, not from official notice. 11. Statute governs notice as to time and place of election. 12. Time and place are of substance of every election. 13. Time of holding must be designated. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Kenfield vs. Irwin, 52 Cal. 164, 169 (cited); Barton vs. Kalloch, 56 Cal. 95, 100 (referred to); People ex rel. Pennie vs. Ransom, 58 Cal. 558, 560 (construed); Treadwell vs. Board of Supervisors, Yolo Co., 62 Cal. 563 (referred to and construed in dis. op. 572, 573, 574); People ex rel. Attorney-General vs. Curry, 130 Cal. 82, 94, 62 Pac. Rep. 516 (referred to); Sanchez vs. Fordyce, 141 Cal. 427, 430, 75 Pac. Rep. 56 (applied). As to act relating to purity of elections, see HENNING'S GENERAL LAWS p. 421. As to effect of irregularities in calling or ordering election, see note 90 Am. St. Rep. 61-64. Rule as to first and last days in computation of time concerning elections and offcers. See monographic note by F. H. Bowlby, 49 L. R. A. 193, 244-246. That time and place of holding elections are of substance of election.-See post § 1131 and note. 2. ACT OF 1865-6, CONSTRUCTION OF. -The legislative act of 1865-6 governed whole subject of election franchise and applied to municipal and local as well as to general state and county elections.People ex rel. Ellsworth vs. Laine, 33 Cal. 55, 58. 3. CONFORMITY WITH LAW.-Election not held in conformity with law is void and confers no right upon persons claiming to have been elected.-People ex rel. Ellsworth vs. Laine, 33 Cal. 55, 60. 4. Election for purpose of voting upon proposition to move county seat must be conducted according to statute and board must pursue its requirements.- Fox VS. Board of Supervisors, 49 Cal. 563, 565. on even 5. Constitutional provision.-Elections of officers provided for by constitution, except in 1879, shall be at election numbered years next before expiration of their respective terms; and terms of such officers shall commence on first Monday after first day of January next following their election.-Const. 1879 art. XX § 20; HENNING'S GENERAL LAWS p. cv. 6. ELECTION AT TIME AND PLACE, TO FILL VACANCY, IS VALID WITHOUT NOTICE, WHEN.-When vacancy exists in office which law requires shall be filled at next general election, time and place of which are fixed, and that notice of general election shall also specify vacancy to be filled, an election at that time and place to fill vacancy will be valid notwithstanding notice is not given; and such election cannot be defeated by showing that a small portion only of electors were actually aware of vacancy, or cast their votes to fill it.Sanchez vs. Fordyce, 141 Cal. 427, 430, 75 Pac. Rep. 56. of full term are general elections.-Kenfield vs. Irwin, 52 Cal. 164, 169. 9. HARTSON ACT, APPLICATION OF.The old Hartson Act, which simply provided for uniform system of election for elective county, city and county, and township officers in state, on even-numbered years, commencing in 1882, applied to all elections, including city and county of San Francisco. -Staude vs. Board of Election Commissioners, 61 Cal. 313, 321. 10. RIGHT TO HOLD ELECTION COMES FROM STATUTE, NOT FROM OFFICIAL NOTICE.-When both time and place of election are prescribed by law every voter has right to take notice of law and to deposit his ballot at time and place appointed, notwithstanding officer whose duty it is to give notice of election has failed of that duty. The notice thus to be given is one additional to that which statute gives, and is prescribed for purpose of greater publicity; but right to hold election comes from statute, and not from official notice.Sanchez vs. Fordyce, 141 Cal. 427, 430, 75 Pac. Rep. 56. 11. STATUTE GOVERNS NOTICE AS TO TIME AND PLACE OF ELECTION. - In township where only one constable should have been elected, election was valid notwithstanding fact that proclamation of board of supervisors called for election of two constables, statute governing notice of time and place of election, and officer to be elected.-Sanchez vs. Fordyce, 141 Cal. 427, 430, 75 Pac. Rep. 56. 12. TIME AND PLACE ARE OF SUBSTANCE OF EVERY ELECTION. - Dickey vs. Hurlburt, 5 Cal. 343, 344. 13. TIME OF HOLDING MUST BE DESIGNATED.—Time of holding an election, whether general or special, must be authoritatively designated in advance, either by law or by some means which law has prescribed; otherwise election is held without authority and is ineffectual for any purpose. Kenfield vs. Irwin, 52 Cal. 164, 169. See People vs. Hoge, 55 Cal. 612, 620. § 1042. JUDICIAL ELECTION (repealed). History: Enacted March 12, 1872; repealed April 16, 1880, Code Amdts. 1880 (Pol. pt.), p. 77. § 1043. SPECIAL ELECTIONS, WHEN TO BE HELD. Special elections are such as are held to supply vacancies in any office, and are held at such times as may be designated by the proper board or officer. History: Enacted March 12, 1872. 1. Applied, cited, construed, referred to. 2. Casting of votes is not an election, when. 3. Power to fill vacancy. 4. Special elections-Purpose of. 5-8. Same-What are. 9. Same-When invalid. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Kenfield vs. Irwin, 52 Cal. 164, 169 (referred to); People vs. Tome, 55 Cal. 612. 617 (construed); People ex rel. Miller vs. Davie, 114 Cal. 363, 364, 46 Pac. Rep. 150 (referred to and construed); People ex rel. Attorney-General vs. Curry. 130 Cal. 82, 94, 62 Pac. Rep. 516 (referred to) As to act concerning special elections, see HENNING'S GENERAL LAWS p. 421. As to city elections, see post § 4369 note. As to election proclamation by governor, see post §§ 1053, 1054. As to how vacancies occur, see ante § 996. |