§ 1073. SUPERVISORS TO HAVE BLANKS PREPARED. The necessary printed blanks for poll lists, tally lists, lists of voters, oath, and returns, together with envelopes in which to inclose returns, must be furnished by the board of supervisors to the officers of each election precinct at the expense of the county.

History: Enacted March 12, 1872.

ARTICLE IV.

COUNTY, CITY AND COUNTY BOARDS OF ELECTION COMMISSIONERS.

[A new article added March 28, 1895, Stats. and Amdts. 1895, pp. 341-345; took effect July 1, 1895.]

$1075. BOARD OF ELECTION COMMISSIONERS. The board of supervisors of each county is ex officio the board of election commissioners in and for the county, and the common council, or other governing body of a city, is ex officio the board of election commissioners in and for such city; provided, that in cities and cities and counties of this state having one hundred and fifty thousand or more inhabitants the board of election commissioners shall consist of four persons, citizens and electors of such city, or city and county, each of whom must be a freeholder, and have been an actual resident of said city and county at least five years preceding his appointment, who shall be appointed by the mayor; provided, that the respective executive committees of the state committees of either of the political parties who may be entitled under the provisions of this act to have members of their party appointed as members of said board of election commissioners, shall have the right, within ten days. after such appointment, to file with the mayor a written protest against the appointment of a member of said board of election commissioners, as having been appointed as one of affiliation with said party, on the grounds that said appointee is not a person of well-known affiliation and standing with said party from which he has been appointed; and the mayor thereupon shall make another appointment in the place of the party against whom the protest has been filed. The members of said commission shall be ineligible to any other. office or public employment, elective or appointive, during the term for which they have been appointed and for one year thereafter. Two of the persons so appointed shall be selected from the body of citizens and electors of such city, or city and county, of known affiliation with and belonging to the political party or organization which at the last presidential election held in such city, or city and county, polled within said city, or city and county, the highest number of votes cast for the candidates of the political party for presidential electors at such election; and the two remaining members of said board shall be selected from the body of electors of such city, or city and county, of known affiliation with and belonging to the political party which, at the last presidential election held at such city, or city and county, polled within such city,

1076 (230)

ELECTION COMMISSIONERS-POWERS OF.

[Pt. III.

or city and county, the next highest number of votes cast for the candidates for presidential electors of a political party.

[Chairman of board.] The members of said commission shall, every two years, choose one of their number as chairman; in the event of their failure to select a chairman in five ballots, the oldest of said members in point of years shall be chairman.

[Term of office.] The persons first appointed as such board of election commissioners shall be appointed on the first Monday of July, eighteen hundred and ninety-five, and shall each hold their office for the term of four years from and after the date of their appointment, except that of those first appointed, two (one belonging to each political party or organization as aforesaid), to be designated by the mayor, shall retire at the end of two years, when their successors shall be appointed by the mayor.

[Vacancy, how filled.] Whenever any vacancy shall occur in the said board, such vacancy shall be filled by appointment as herein prescribed, and the person so appointed to fill such vacancy shall be selected in the same manner and from the same political party or organization with which his predecessor in office affiliated and belonged at the time of his appointment thereto, and shall hold office for the balance of the unexpired term to which he was appointed.

The salary of each member of the board of election commissioners in and for a city, or city and county, having one hundred thousand or more inhabitants, shall be seven hundred and fifty dollars per annum, payable in equal monthly instalments, out of the treasury of such city, or city and county, in the same manner as the salaries of other officers of such city, or city and county, are paid.

History: Enacted March 28, 1895, 1. Applied, cited, construed, referred to. 2-4. Construction of section.

1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Denman vs. Broderick, 111 Cal. 96, 99, 100, 43 Pac. Rep. 516 (construed); Trafton VS. Quinn, 143 Cal. 469, 471, 77 Pac. Rep. 164 (construed with §§ 1075, 1077 ante and §§ 1264, 1265 post).

2. CONSTRUCTION OF SECTION.-This section, in so far as it provides for board of election commissioners in cities and counties of this state having 150,000 or more inhabitants, while it may have been intended for an excellent and worthy purpose, was evidently drafted in ignorance of constitution of state, or with reckless disregard of its provisions. There is intent by act itself to create class for special purwithout pose,

reference to an existing

Stats. and Amdts. 1895, pp. 341-343.

classification by general law, which is unauthorized. It is, therefore, local, special. and for that reason unconstitutional and void.-Denman vs. Broderick, 111 Cal. 96, 102, 105, 43 Pac. Rep. 516.

3. Under this section common council or other governing body of city constitute election commissioners for city elections.Trafton vs. Quinn, 143 Cal. 469, 471, 77 Pac. Rep. 164.

4. Where all parts of section, as in this one, are alike involved in vice of unconstitutionality, there is no play of principle that separable parts of statute may be valid while be other parts may stitutional.-Denman VS. Broderick, 111 Cal. 96, 105, 43 Pac. Rep. 516. As to city elections, see post § 4369 note.

uncon

$1076. POWERS TO BE EXERCISED BY COMMISSIONERS. The board of election commissioners, as provided for in this article, shall, within their respective counties, cities, or cities and counties, be invested with and shall exercise all the powers conferred, and shall discharge and perform all the duties imposed by this code or by any law of this state, upon boards of supervisors of the several counties, or upon the common council or other governing body of cities, or upon any other board or body, in respect to the conduct, control, management, and supervision of elections, and all matters

pertaining to elections held within the respective counties, cities, or cities and counties, as the same are now or may be hereafter prescribed by law.

History: Enacted March 28, 1895, Stats. and Amdts. 1895, p. 343.

Irregularity of board, effect of.-Omission of board of election commissioners to appoint for each precinct as many officers of election as it was authorized to appoint, is mere irregularity, which does not authorize such election to be set aside where it is not

shown that it had any effect on election, either in number of votes that were cast, or in correctness of their canvass and return.-Fragley vs. Phelan, 126 Cal. 383, 400, 58 Pac. Rep. 923.

§ 1077. CLERKS OF BOARDS. [SALARY OF.] The county clerk is ex officio clerk of the board of election commissioners of the county, and the clerk or secretary of the common council or other governing body of a city is ex officio the clerk or secretary of the board of election commissioners; provided, that in cities, or cities and counties, of this state having one hundred and fifty thousand or more inhabitants, the board of election commissioners shall appoint a suitable person, not one of their own number, to act as secretary, at a salary not to exceed two hundred and fifty dollars per month, payable in the same manner as the salaries of the commissioners are paid. Such secretary shall hold his office during the pleasure of the said board..

[Qualifications of secretary.] The secretary of the board of election commissioners shall not, during the term of his office, engage in any other calling or trade, or profession or employment, and shall be ineligible to be a candidate or delegate to any convention which shall nominate candidates for office, and he shall be ineligible to be voted for for any office while acting as such secretary; and if these provisions of the law are not obeyed, it shall be the duty of the board of election commissioners forthwith to declare his place vacated, and the vacancy shall be filled in the same manner and terms as provided for in the original appointment.

[Official oath.] Each member of the board of election commissioners, and the secretary elected by said board of election commissioners, shall, within fifteen days after receiving notice of their appointment, take the usual oath of office before any judge of the superior court of said county, or city and county, and said oaths of office shall be filed with the county clerk of said city and county.

[Appointment of clerks, etc.] The board of election commissioners shall have the power to appoint all deputies, and such clerks as may be necessary, and to fix their salaries at the time of their employment. All deputies and clerks thus appointed shall be equally divided between the representatives of the political parties that polled the highest and the next to the highest number of votes at the preceding presidential election. The salaries of all deputies and clerks that may be appointed by said board of election commissioners shall be payable in equal monthly instalments out of the treasury of said city, or city and county, in the same manner as the salaries of other officers of such city, or city and county, are paid.

[Administering oaths.] The members of the board of election commissioners, the secretary of the board of election commissioners, all deputies and clerks appointed by the board of election commissioners, and all election officers, shall have the power to administer oaths; and any false oaths taken

§§ 1078, 1079 (232)

DUTY OF CLERK-EXPENDITURES.

[Pt. III.

before them, or either of them, shall be deemed to be perjury, and the person so convicted thereof shall be punished according to law.

History: Enacted March 28, 1895, Stats. and Amdts. 1895, p. 343.

1. Applied, cited, construed, referred to. 2. Construction of section.

1. Applied, cited, construed, referred to, etc., in: Trafton vs. Quinn, 143 Cal. 469, 471, 77 Pac. Rep. 164 (construed with § 1075 ante and § 1078, 1264, 1265 post).

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2. Construction of section. Under this section, clerk of city is ex officio clerk of board of election commissioners, and such is entitled to the custody and control of the ballots.-Trafton vs. Quinn, 143 Cal. 469, 471, 77 Pac. Rep. 164.

§ 1078. DUTIES OF CLERKS. The county clerk of each county, and the clerk or secretary of the common council of a city, shall, within their respective counties or cities, exercise all the powers conferred, and shall discharge and perform all the duties imposed by this code, or by any law of this state, upon such officers in respect to the conduct, management, and supervision of elections, and matters pertaining to elections, held within the respective counties or cities, as the same are now or may be hereafter prescribed by law;

[Secretary, in cities of 150,000 population.] Provided, that in cities, or cities and counties, having one hundred and fifty thousand or more inhabitants, the secretary of the board of election commissioners, under the direction of the board of election commissioners, shall exercise all the powers conferred, and shall discharge and perform all the duties imposed by this code, or by any law of this state, upon the county clerk or any other officer in such cities, or cities and counties, in respect to the conduct and supervision of matters relating to elections held within such cities, or cities and counties, as the same are now or may be hereafter prescribed by law.

History: Enacted March 28, 1895, Stats. and Amdts. 1895, p. 344.

1. Applied, cited, construed, referred to. 2. Construction of section.

1. Applied, cited, construed, referred to, etc., in: Trafton vs. Quinn, 143 Cal. 469, 471, 77 Pac. Rep. 164 (construed with §§ 1075, 1077 ante and §§ 1264, 1265 post). 2. Construction of section. This section, and §§ 1075 and 1077 ante, considered in

connection with §§ 1264 and 1265 post, clearly do not put the city clerk, with respect to city elections, in same place occupied by county clerk with respect to county elections, and give to him, in city elections, rights and duties which latter has in county elections.-Trafton VS. Quinn, 143 Cal. 469, 471, 77 Pac. Rep. 164.

§ 1079. EXPENDITURE OF MONEYS. Whenever the clerk, secretary, or any officer of a county, city, or city and county, is charged with the performance of any official duty in respect to elections which involves the expenditure of public moneys, such expenditures shall be subject to the control and supervision of the board of election commissioners;

[Contracts to be let.] And when any printing or other service is to be performed, or materials are to be furnished, the amount of which in the aggregate shall exceed the value of five hundred dollars, it shall be the duty of the board of election commissioners to invite proposals for the work, or the furnishing of the materials, and to let the contract for the same to the lowest responsible bidder therefor, in the same manner and upon the same conditions as is [are] required in the letting of contracts for doing other and similar work, or furnishing other and similar materials, for county, city, or city and county purposes;

[Same Printing of ballots may be accepted, when.] Provided, that no such proposal or bid shall be required for the contract to print ballots, if the time

within which such ballots must be had does not reasonably admit of such proposal and bid.

History: Enacted March 28, 1895, Stats. and Amdts. 1895, p. 344.

§1080. STATUTES CONTINUED IN FORCE. Nothing contained in this article affects any of the provisions of this code, or of any statute of this state, touching the registration and qualification of voters and the method of calling, holding, and conducting elections, in force in any county, city, or city and county; but such provisions and statutes are recognized as continuing in force, except so far as they are inconsistent with the provisions of this article upon the subject to which this article relates.

History: Enacted March 28, 1895, Stats. and Amdts. 1895, p. 345.

CHAPTER II.

QUALIFICATIONS AND DISABILITIES OF ELECTORS.

§1083. Qualifications of a voter.

§ 1084. Who not entitled to vote.

§1083. QUALIFICATIONS OF A VOTER. Every male citizen of the United States, every male person who shall have acquired the right of citizenship under or by virtue of the treaty of Queretaro, and every male naturalized citizen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have been a resident of the state one year next preceding the election, and of the county in which he claims his vote ninety days, and in the election precinct thirty days, and who has conformed to the law governing the registration of voters, shall be a qualified elector at any and all elections held within the county, city and county, city, town, or district within which such elector resides.

History: Enacted March 12, 1872; amended April 16, 1880, Code Amdts. 1880 (Pol. pt.), p. 77; March 9, 1893, Stats. and Amdts. 1893, p. 124; March 4, 1899, Stats. and Amdts. 1899, p. 60.

1. Applied, cited, construed, referred to. 2, 3. Construction of section. 4-6. Same-Amendment.

7. Difference between elector and voter. 8-10. Eligibility to office without power to

vote.

11. No property qualifications shall ever be required.

12. One may be an elector though his name is not on the great register. 13, 14. Persons engaged in military service of United States.

15. Power of state to determine who may

vote.

16. Soldiers, college students, or inhabit

ants of veterans' home or infirmary. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: People vs. Neil, 91 Cal. 465, 467, 27 Pac. Rep. 760 (referred to); People vs. Rodgers, 118 Cal. 393, 394, 46 Pac. Rep. 740, 50 Id. 668 (applied); Falltrick vs. Sullivan, 119 Cal. 613, 617, 51 Pac. Rep. 947 (construed); Bergevin vs. Curtz, 127 Cal. 86, 89, 59 Pac. Rep. 312 (construed); Huston vs. Anderson, 145 Cal. 320, 324, 338 (construed), 341, 342 (construed in dis. op.), 78 Pac. Rep. 626.

As to great register and reregistration, see post § 1094.

As to how far right to vote is absolute, see note by Irwin Taylor, 25 L. R. A. 480485.

As to qualifications and disabilities of electors, see Const. 1879 art. II § 1, HENNING'S GENERAL LAWS p. lxvii.

As to soldiers voting, see monographic note 25 L. R. A. 482.

As to who are citizens, see ante § 51. Nature of right of suffrage. See monographic note by Robert Desty, 1 L. R. A. 111-115.

Payment of poll tax as qualification of electors. See monographic note by F. H. Bowlby, 29 L. R. A. 414, 415.

Right of women to vote. See monographic note by Ernest Watts, 21 L. R. A. 662, 663; and notes 19 L. R. A. 110; 37 L. R. A. 644; 39 L. R. A. 768.

Rules for determining questions of residence for purpose of voting. See post § 1239.

That possession of political rights is not essential to citizenship.-See note 8 L. R. A. 337.