following: "The elector may write in the column below, under the title of the office, the name of any person whose name is not printed upon the ballot, for whom he desires to vote. Do not use a voting stamp, or make any cross in this column." The heading of each party or independent ticket shall be separated from the rest of the ticket by a heavy printed line. [Party voting-circle.] 4. Immediately under the heading of each party or independent ticket and above the heavy printed line shall be inserted a printed circle at least three fourths of an inch in diameter, and of uniform size and appearance for all tickets, which shall be called the party voting-circle, in which circle a stamp may be made by those who wish to vote for such party ticket. Opposite such circle and in the same space shall be printed the following words in lower case brevier type: "To vote a straight ticket stamp a cross (X) within this circle." The space occupied by such circle and words shall not exceed two inches in length. [Independent nominations.] 5. In the case of nominations provided for in section eleven hundred and eighty-eight, herein referred to as independent tickets, the ballot shall be so arranged that at the right of the last column for nominations made pursuant to section eleven hundred and eighty-seven the several tickets of the names of the candidates nominated under section eleven hundred and eighty-eight shall be printed in one or more columns according to the space required, having above each of the tickets the political or other name selected to designate such independent nominations and a circle as aforesaid to provide the party voting-circle for such independent nominations. The independent tickets occupying the same column shall be separated from each other by a solid black line one eighth of an inch wide. At the top of such column, or columns, for independent nominations, shall be printed in type known as eighteen-point gothic capitals, the words "Independent Nominations." [Column must be filled.] The independent nominations shall be placed in said column in sequence, preference being given to the office of the head of the ticket and so on; one column must be filled before another is provided. [Border on ballot.] 6. Each column upon the ballot shall be bordered on either side by a broad solid printed line one eighth of an inch wide, and the edge of the ballot on the left-hand side shall be trimmed off up to the border er solid line described, and on the right-hand side shall be perforated along the border or solid line above described. The ballot shall be so printed as to give each voter a clear opportunity to designate, by stamping a cross (X) in a blank inclosed space, heretofore designated as the voting-square, on the right of and after the name of each candidate whose name is printed on the ballot, his choice of particular candidates. The ballot shall be printed on the same leaf with a stub and separated therefrom by a perforated line across the top of the ballot. On each ballot a perforated line shall extend from top to bottom, along the border or solid line hereinbefore described, one half inch from the right-hand side of such ballot, and upon the half-inch strip thus formed there shall be no printing except the number of the ballot, which shall be upon the back of such strip, in such position that it shall appear on the outside when the ballot is folded. [Number on ballot.] The number on each ballot shall be the same as that on 1197 (270) GENERAL TICKET-INSTRUCTIONS TO VOTERS. [Pt. III. the corresponding stub, and the ballots and stubs shall be numbered consecutively in each county. [General ticket.] All ballots printed by county clerks or registrars of voters other than the separate ballots containing the names only of candidates for city and county offices, printed by the county clerks, or registrars of voters of consolidated cities and counties, shall have printed on the back, below the stub, and immediately at the left of the center of the ballot, in eighteen-point gothic capitals, the words "General Ticket," and, underneath, the respective number of congressional, senatorial, and assembly districts in which each ballot is to be voted, and all ballots printed by county clerks or registrars of voters of consolidated cities and counties containing the names of candidates for city and county officers, and also all the ballots printed by the clerk, registrar of voters, or secretary of a legislative body of any incorporated city or town, shall have printed in the same manner, on the back, the words "Municipal Ticket." [Municipal ticket.] All municipal tickets shall be printed on paper of a different tint from that of the general ticket. On the top of the face of the hallot the following directions shall be printed: INSTRUCTIONS TO VOTERS: To vote a straight ticket, stamp a cross (X) within the circle under the party heading. To vote a split ticket, that is, for candidates of different parties, stamp a cross (X) in the voting circle at the head of your party ticket, and a cross (X) after each candidate, not on your party ticket, for whom you desire to vote, or stamp a cross (X) for each individual candidate for whom you desire to vote, and DO NOT STAMP your party voting-circle. Where two or more candidates for the same office are to be elected and you desire to vote for candidates for that office who are on your party ticket, and also for candidates for that office who are not on such ticket, stamp a cross (X) after the names of all the candidates for that office for whom you desire to vote, whether they be on your party ticket or not. Where a party has made no nomination for an office, the space for that office in the party column is omitted on this ballot. If a party ticket does not contain the names of candidates for all offices for which the voter may vote, he may, if he vote the straight ticket of such party, vote for candidates for such offices so omitted by stamping a cross (X) in the voting-square opposite the names of the candidates for such offices on any other ticket, or by writing the names, if they are not printed upon the ballot, in the blank column under the title of the office. To vote for a person not on the ballot, write the name of such person, under the title of the office, in the blank column, and do not stamp a cross (X) after the name written in the blank column. ALL MARKS EXCEPT THE CROSS (X) ARE FORBIDDEN. ALL DISTINGUISHING MARKS OR ERASURES ARE FORBIDDEN AND MAKE THE BALLOT VOID. If you WRONGLY STAMP, TEAR or DEFACE THIS BALLOT, return it to the inspector of election and obtain another. [Style of printing instructions.] The caption "Instructions to Voters" shall be printed as a side heading in forty-point gothic condensed capital type, and the body of the instructions shall be printed in ten-point lower case gothic, except that the words printed in capital letters in the foregoing instructions shall be printed in capital letters on the ballot. [Ballots must be uniform.] 7. All of the ballots of the same sort prepared by any county clerk or registrar of voters, or clerk or secretary of a legislative body, or other person having charge of the preparing of such ballots, for the same polling-place, shall be precisely the same size, arrangement, quality, and tint of paper, and kind of type, and shall be printed with black ink of the same tint, so that without the numbers on the stubs it shall be impossible to distinguish any one of the ballots from the other ballots of the same sort; and the names of all candidates printed upon the ballot shall be in type of the same size and character. [Printing title of office.] 8. If two or more officers are to be elected for the same office for different terms, the term for which each candidate for such office is nominated shall be printed on the ballot as a part of the title of the office. If, at a general election, an officer is to be elected for a full term, and another to fill a vacancy, the term for which each such candidate is nominated shall be printed as a part of the title of the office, and the name of the candidate to fill such vacancy shall be placed immediately following that of the candidate for the full term. ["No nomination."] When no nomination has been made by a political party, as provided by law, for an office to be filled at the election, the title of such office shall not be printed in the party column, and no voting-space or square shall be provided in such column for such office. If any ticket or list of candidates contains more candidates for any office than there are persons to be elected to such office, it shall be deemed that no nomination has been made for such office. [Submission of propositions.] 9. Whenever any proposition or constitutional amendment is to be submitted to the vote of the people, there shall be printed at the right of the blank column, another column, or columns with voting-squares, in which such proposition, or constitutional amendment, shall be designated, and opposite such proposition, or constitutional amendment, to be voted on, in separate lines, the words "yes," and "no" shall be printed. If an elector shall have stamped a cross (X) in the voting-square after the printed word "yes," his vote shall be counted in favor of the adoption of the proposition or constitutional amendment; if he shall have stamped a cross (X) after the printed word "no," his vote shall be counted against the adoption of the same. [Form of ballot.] The ballot shall be printed in accordance with the following form: [Indorsement on back of ballot.] GENERAL TICKET. SEVENTH CONGRESSIONAL DISTRICT. SEVENTY-SECOND ASSEMBLY DISTRICT. 5313 INSTRUCTIONS TO VOTERS: To vote a straight Ticket, stamp a cross (X) within the circle under the party heading. Where a party has made no nomination for an office, the space for that office in the party column is omitted on this ballot If a party ticket does not contain the names of candidates for all offices for which the voter may vote, he may, if he votes the straight ticket of such party, vote for candidates for such offices so omitted by stamping ALL DISTINGUISHING MARKS OR ERASURES ARE FORBIDDEN AND MAKE THE BALLOT VOID If you WRONGLY STAMP, TEAR, or DEFACE THIS BALLOT, return it to the Inspector of Election and obtain another. 1903, pp. 144-149. 171; March 23, 1893, Stats. and Amdts. 1893, pp. 305-306; March 18, 1899, Amdts. 1873-4, p. 73; March 20, 1891, Stats. and Amdts. 1891, pp. 170Stats. and Amdts. 1899, pp. 135-139; March 14, 1903, Stats. and Amdts. History: Enacted March 12, 1872; amended March 30, 1874, Code 5. Ballot, what is. ferred to. 1. Applied, cited, construed, distinguished, re 3. Same-Main feature of. 2. Australian ballot system, adoption of. 6. Construction of section. 8. Mandatory provisions to be liberally con 7. Same- Unconstitutional clause - "Straight ticket"-Proper manner of voting. strued. 9. What must be placed on ballot. GENERAL FORM OF BALLOT. [Pt. III. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Coffey vs. Edmonds, 58 Cal. 521, 526 (applied); Eaton vs. Brown, 96 Cal. 371, 372, 376, 31 Am. St. Rep. 225, 31 Pac. Rep. 250, 17 L. R. A. 697 (construed); Tebbe vs. Smith, 108 Cal. 101, 109, 49 Am. St. Rep. 68, 69, 41 Pac. Rep. 454, 29 L. R. A. 673 (referred to); Jennings vs. Brown, 114 Cal. 307, 309, 46 Pac. Rep. 77, 34 L. R. A. 45 (referred to); People ex rel. AttorneyGeneral vs. Curry, 130 Cal. 82, 92, 93, 62 Pac. Rep. 516 (commented upon); Patterson vs. Hanley, 136 Cal. 265, 267, 68 Pac. Rep. 821 (referred to); Murphy vs. Curry, 137 Cal. 479, 480, 70 Pac. Rep. 461, 59 L. R. A. 97 (referred to); Salcido vs. Roberts (Cal. Feb. 25, 1902), 67 Pac. Rep. 1077, 1078 (referred to). As this section originally stood, it provided for the voting of "straight” tickets.— See stats. 1891, pp. 170, 171. As to ballots, see monographic note by Irwin Taylor, 25 L. R. A. 484. As to construction of "Australian Ballot Law," see note 29 L. R. A. 330; briefs in 15 L R. A. 771, 772; 16 L R. A. 754; 29 L. R. A. 671, 674; 30 L. R. A. 227, 228, 229. As to form of ballot under election laws of various states, see note 10 L. R. A. 150, 151. As to mandatory and directory provisions in Australian Ballot Law, see monographic note 49 Am. St. Rep. 240-243. As to number of ballots, see post § 1199. As to pioneer case respecting the use of voting machine, under constitutional provision for voting by ballot, see notes 36 L. R. A. 547, 54 L. R. A. 430. As to proper form of ballots, see note 12 L. R. A. 551. As to regularity of the printing of ballots, see note 91 Am. St. Rep. 685. As to sticker ballots, see note 27 L. R. A. 234. As to use of paster ballots, see note 40 L. R. A. 617. As to waiver of irregularities in ballots, see notes 31 Am. St. Rep. 319; 33 Am. St. Rep. 510. As to what mark upon a ballot will invalidate it, see post § 1211. As to what is prohibited generally with respect to ballots, see post § 1215. Constitutionality of "Australian Ballot" statutes, see note 16 L. R. A. 754, 755. 2. AUSTRALIAN BALLOT SYSTEMAdoption of.-In 1891, legislature, by series of amendment to this code, ingrafted upon our election law system of voting by means of what is popularly known as reformed or Australian ballot.-Eaton Brown, 96 Cal. 371, 372, 31 Am. St. Rep. 225, 31 Pac. Rep. 250, 17 L. R. A. 697. VS. 3. Main feature of.-Main feature of reformed or Australian ballot system is uniform official ballot, printed and supplied by proper public officers, containing names of all candidates to be voted for, upon which voter designates his choice by stamping a cross. In all cases, this may be done by stamping the cross opposite name of each candidate for whom elector Pol. C.-18 desires to cast his vote.-Eaton vs. Brown, 96 Cal. 371, 372, 376, 31 Am. St. Rep. 225, 31 Pac. Rep. 250, 17 L. R. A. 697. 4. Secures secrecy only, when.-The socalled Australian ballot system only secures secrecy in voting when elector desires it, and has sufficient independence to insist upon it. But a voter can, and by one who has sufficient power over him may be forced to, so mark his ballot that it can be identified. Many ways could be suggested in which this could be done without destroying legality of ballot.-Jennings vs. Brown, 114 Cal. 307, 309, 46 Pac. Rep. 77, 34 L. R. A. 45. 5. BALLOT, WHAT IS. - A ballot is paper ticket containing names of persons for whom elector intends to vote, and designating office to which each person so named is intended by him to be chosen.People ex rel. Budd vs. Holden, 28 Cal. 123, 136. was 6. CONSTRUCTION OF SECTION. - By this section, and sections to which it refers, it intended that only parties polling three per cent of entire vote cast at last election should have heading upon ticket. Such being fact, it would appear that party designation printed at head of tickets would discriminate in favor of certain parties, and would therefore be lacking in that uniformity of operation demanded by constitution. Eaton VS. Brown, 96 Cal. 371, 376, 31 Am. St. Rep. 225, 31 Pac. Rep. 250, 17 L. R. A. 697. "Straight 7. Unconstitutional clause ticket”—Proper manner of voting.-Clause in this section providing for voting of straight tickets by stamping such tickets, opposite names of certain parties printed at head of such tickets, was pronounced unconstitutional, in that it lacked uniform operation of election laws. Court said there should be no voting by stamping such designation, and that voters could express their opinions only by placing stamp opposite name of their candidate for each office, or by writing name of candidate in blank space left thereon, or their answer to each question, or proposition, or proposed amendment to constitution, excepting only in case of presidential electors, who may, under the law, be voted for in groups by single impression of stamp.Eaton vs. Brown, 96 Cal. 371, 375, 31 Am. St. Rep. 225, 31 Pac. Rep. 250, 17 L. R. A. 697. 8. MANDATORY PROVISIONS то BE LIBERALLY CONSTRUED.—While all of provisions of election law are mandatory, they should be liberally construed.-Jennings vs. Brown, 114 Cal. 307, 309, 46 Pac. Rep. 77, 34 L. R. A. 45. 9. WHAT MUST BE PLACED ON BALLOT.-In printing tickets, clerk is required by this section to place upon them the following: "To vote for a person, stamp a cross (X) in the square at the right of the name."-Tebbe vs. Smith, 108 Cal. 101, 109, 49 Am. St. Rep. 68, 69, 41 Pac. Rep. 454, 29 L. R. A. 673. |