A subsequent section of this Title requires the penal must pub mation, etc. SEC. 1055. The Board of Supervisors upon receipt of Supervisors such proclamation must cause a copy of the same, lish proclatogether with a copy of Title IV, Part I of the Penal Code, to be published in some newspaper printed in the county (if any), and to be posted at each place of election, at least ten days before the election. SEC. 1056. Whenever a special election is ordered by the Board of Supervisors, they must issue an election proclamation containing the statement provided for in subdivision one of section one thousand and fifty-four, and must publish and post it in the same manner as proclamations issued by the Governor. ARTICLE III. MISCELLANEOUS PROVISIONS. SECTION 1066. Majority to elect. 1067. Proceedings on a tie vote other than for Governor or Lieutenant Governor. 1068. Same, on tie vote for Governor or Lieutenant Governor. 1070. Electors exempt from militia duty, when. 1072. Compensation of officers of election. 1073. Supervisors to have blanks prepared. to elect. SEC. 1066. The person receiving at any election the Majority highest number of votes for any office to be filled at such election is elected thereto. SEC. 1067. If at any election, except that for Governor or Lieutenant Governor, two or more persons receive an equal and the highest number of votes, there is no choice, and a special election to fill such office must be ordered by the proper Board or officer. Stats. 1850, p. 101. vote for Lieutenant Governor. Same,on tie SEC. 1068. In case any two or more persons have an Governor or equal and highest number of votes for either Governor or Lieutenant Governor, the Legislature must by joint vote of both Houses choose one of the persons to fill such office. Electors privileged when. State Const., Secs. 4 and 16, Art. V. SEC. 1069. Electors are privileged from arrest, except from arrest, for an indictable offence, during their attendance on the election and in going to and returning from the same. NOTE.-Sec 2, of Art. II, State Constitution, is as follows: "SEC. 2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom." "The principal difficulty that is likely to arise under this [constitutional] provision is, as to what amounts to a breach of the peace; does it include every indictable offence? or is it confined to those which are attended with actual violence or disturbance of public order? In Rex vs. Wilkes (2 Wills. 151), Lord Camden delivered the unanimous judgment of the Court of Common Pleas, that a libel was not a breach of the peace, and that a member of Parliament was not liable to arrest by reason of having been convicted of that offence; very soon afterwards, however, it was resolved by both Houses of Parliament that the writing and publishing of seditious libels was not entitled to privilege. (1 Bl. Com. 166.) In Cecil vs. Nottingham (12 Mod. 348), where there had been an arrest on Sunday, under an attachment for contempt, Lord Holt said: 'Suppose it were a warrant to take for forgery, perjury, etc., shall they not be served on Sunday? and shall not any process at the King's suit be served on Sunday? Surely the Lord's day ought not to be a sanctuary for malefactors; and this partakes of the nature of process upon an indictment.' And Blackstone says: 'It seems to have been understood that no privilege of Parliament was allowed to the members, their families or servants, in any crime whatsoever, for all crimes are treated by the law as being contra pacem.' (1 Bl. Com. 166.) In 1839, the Court of Common Pleas of Bucks County, Pennsylvania, decided that a warrant of arrest on a charge of malicious mischief could not be executed on Sunday. (1 Haz. U. S. Reg. 263.) But the District Court of Philadelphia have ruled that an arrest on Sunday, on a warrant for obtaining goods by false pretences, was illegal, and that the officer who executed it was a trespasser, and liable to an action for false imprisonment. (Bayley vs. Simpson, Binn. Justice, 498, n.; and see Commonwealth vs. Eyre, 1 S. and R. 347.) The question, in view of these authorities, can hardly be considered as settled, though the weight of authority appears to be in favor of the right to arrest for any indictable offence."-Brightly's Election Cases, 281. Section 11 is a declaration of the constitutional rule, but the language is in accord with the judicial interpretation of that rule. militia empt from duty, when. SEC. 1070. No elector is obliged to perform militia Electors exduty on the day of election, except in time of war or public danger. State Const., Sec. 3, Art. II. SEC. 1071. No fees must be charged for registration No fees for or certificates thereof. SEC. 1072. The compensation of members of Boards of Election and Clerks must be fixed and audited by the Board of Supervisors and paid out of the County Treas ury. SEC. 1073. The necessary printed blanks for poll lists, tally lists, lists of voters, oath, and returns, must be furnished by the Board of Supervisors to the officers of each election precinct at the expense of the county. Stats. 1866, p. 510. certificate of registration. Compensaofficers of tion of election. Supervisors blanks to have prepared. CHAPTER II. QUALIFICATIONS AND DISABILITIES OF ELECTORS. SECTION 1083. Qualifications of a voter. 1084. Certain citizens not entitled to vote. SEC. 1083. Every male citizen of the United States who shall have been a resident of the State six months next preceding the election, and of the precinct in which he claims his vote thirty days, and whose name is enrolled on the Great Register of such county, is a qualfied elector thereof. NOTE. We have stricken from the original section the word "white," so as to meet the requirements of the fifteenth amendment to the Constitution of the United States. Of the binding force in law of that amendment there can be no question. Mr. Brightly, the learned compiler of “ Leading Cases on Elections," who evidently is no believer in the policy of the amendment in question, in a note on page forty-three upon this topic, among other things says: Qualifications of a voter. Ce tain citizens SEC. 1084. "Let it not be supposed from these remarks that the author is one of those impracticable politicians who deny the validity of the Fifteenth Amendment. It is an accomplished fact, and, therefore, having been passed by the forms of law, however much influenced by fraud or force, is now a part of the fundamental law, and binds the whole community. The question of duress has no place when considering the effect of a change in a people's form of government. Many acts which cannot be defended on moral grounds, when fully carried into execution are binding upon a Nation. The American Revolution was wholly indefensible on theological grounds, and yet, when successful, it effected an entire change in the form of our government, and the new order of things bound the people to obedience not only in fact but in conscience also. So it is with the recent great changes in our Constitution; they are accomplished facts, and as much a part of the organic law as the original Articles." No idiot or insane person or person connot entitled victed of any infamous crime is entitled to the privilege to vote. of an elector. State Const., Sec. 5, Art. II. CHAPTER III. REGISTRATION OF ELECTORS. SECTION 1094. Great Register to be kept. 1095. Names of electors to be entered. 1096. Substance of entry. 1097. Rules governing entry. 1098. Assessor's roll of electors. 1099. What enrolment must show. 1100, Duty of Clerk or Assessor relative to certain proofs produced before him. 1101. Assessor must make monthly returns of his enrolment. 1102. Duty of Clerk upon receipt of the return. 1103. Affidavits must be filed in Clerk's office. 1104. Persons not to be registered in different counties at the same time. 1105. Cancellation of entry. 1106. When entry may be cancelled. 1107. Clerk must give certificate of registration. 1108. Persons refused registration may proceed by action. 1109. Any person may proceed by action to have registra tion cancelled. 1110. Parties to such actions. 1111. Same. SECTION 1112. Costs not to be recovered against the Clerk, except in certain cases. 1113. Clerk to make copy of Great Register. 1114. Names must be arranged alphabetically and num bered. 1115. Great Register must be printed. 1116. Printed copies, how distributed. 1117. Copy of entry primary evidence that the party is an SEC. 1094. There must be kept in the office of the Great County Clerk of each county a Great Register. SEC. 1095. In the Great Register the Clerk must, as hereinafter provided, enter the names of the qualified electors of the county whose names are not already thereon. NOTE.-The Great Register already in existence contains the names of nearly all the electors in the county. A continuation thereof will not be much of a burden on the people. We have abolished the poll list-have made provisions by which the Great Register will perform all the offices the poll lists were ever intended to perform. Experience has shown that the poll lists are prolific sources of fraud. If the Board of Election is composed of dishonest men, they, having weeks in which to prepare for fraud, are better enabled to successfully consummate it than they would be if all had to be done on the day of election. The poll lists are but a burden upon the elector, depriving him of his time, depleting the public Treasury, and affording means for fraud rather than for protection. Referring to the expenses attending the present system of enrolment, the Alta California, published in San Francisco, in a recent issue said: "The items of expense have only been incidentally referred to, and when it is told that it cost over one dollar and fifty cents for each of the twenty-five thousand votes cast on September sixth, many will be surprised. Yet such is the fact, and the immediate cause for the expenditure of the large sum of thirty-five thousand dollars lies in the immediate defects of the Registry Act, and the Legislature which meets in December next will be called upon to give this matter their serious consideration. "The Registry Act now in force must be changed in many particulars, the expense of elections decreased, and the purity of the ballot made still more sacred. A new law should be drafted, retaining some of the principal features of the present law. It should further provide that the tickets of all parties be uniform, printed on a certain kind of paper, and designating the style of type. Register to be kept. Names of be entered. electors to |