Returns to be delivered by Clerk to Supervisors. Copy of tion Board in public; and under the provisions of this Title it is scarcely probable that anything wrong could occur in the counting. But if such should be the case, or be suspected, the evidence has been protected by all the safeguards that can be conveniently thrown around it, and any further examination should take place in a tribunal authorized to try contested election cases, subject to the rules of pleadings and practice therein. SEC. 1267. The other package the Clerk must produce before the Board of Supervisors, when it is in session, for the purpose of canvassing returns. SEC. 1268. As soon as the returns are canvassed the Clerk must take the copy of the Register returned and file it in his office. NOTE. It has already been seen by the reader that the names on the copy of the Great Register are numbered consecutively from first to last, and opposite the name of each person who has voted is written the word "Voted." The concluding provisions of the last section brings every copy so used together in the Clerk's office. If any one is suspected of having voted twice in the same county that fact must appear. If William Thompson, opposite whose name stands the number seven hundred and fifty, voted at a given precinct, it is only needed to tell whether he has voted at another to turn to the Register returned from that precinct and look at number seven hundred and fifty. Indeed, it would be but little work for a Grand Jury to examine every number. The facility with which double voting could be detected is one of the great advantages of a system founded upon the Register as a "list of voters," over the present system of "poll lists." 1290. Duty of Secretary of State relative to. 1291. Commissions issued by Governor. 1292. Returns of election for Governor and Lieutenant 1293. How transmitted. 1294. Same. 1295. Same. 1296. Canvass of returns of election for Governor and Lieutenant Governor. 1297. Defects in form of returns, when to be disregarded. SEC. 1278. The Board of Supervisors of each county, except Humboldt, San Diego, and Trinity, must meet at their usual place of meeting on the first Monday after each election to canvass the returns. SEC. 1279. The Board of Supervisors of the counties Same. excepted must each meet at its usual place of meeting on the second Monday after each election to canvass the returns. NOTE. The counties named in the preceding section are excepted from the general rule as to time of meeting in the law as it now stands. SEC. 1280. If at the time of meeting the returns from Same. each precinct in the county in which polls were opened have been received, the Board must then and there proceed to canvass the returns; but if all of the returns have not been received the canvass must be postponed from day to day until all of the returns are received, or until six postponements have been had. how made. SEC. 1281. The canvass must be made in public, and Canvass, by opening the returns and estimating the vote of such county or township for each person voted for, and for and against each proposition voted upon at such election, and declaring the result thereof. SEC. 1282. The Clerk of the Board must, as soon as the result is declared, enter on the records of such Board a statement of such result, which statement must show: 1. The whole number of votes cast in the county; 2. The names of the persons voted for and the propositions voted upon; 3. The office to fill which each person was voted for; 4. The number of votes given at each precinct to each of such persons and for and against each of such propositions; 5. The number of votes given in the county to each of such persons and for and against each of such propositions. SEC. 1283. The Board must declare elected the person having the highest number of votes given for each office to be filled by the votes of a single county or subdivision thereof. SEC. 1284. The County Clerk must immediately make out and deliver to such person (except to the person elected County Judge) a certificate of election, signed by him and authenticated with the seal of the County Court. SEC. 1285. When there are officers other than Representatives in Congress voted for who are chosen by the electors of a district composed of two or more counties, each of the County Clerks of the counties composing such district, immediately after making out the statement specified in section twelve hundred and eighty-two, must make a certified abstract of so much thereof as relates to the election of such officers. SEC. 1286. The Clerk must seal up such abstract, indorse it "Election Returns," and without delay transmit the same by mail to the County Clerk of the county which stands first in alphabetical arrangement in the list of counties composing such district. SEC. 1287. The Clerk to whom the election returns of a district are made must, on the twentieth day after such election, or sooner if returns from all the counties in the district have been received, open in public such returns, and from them and the statement of the vote for such officers in his own county: 1. Make a statement of the vote of the district for such officers, and file the same, together with the returns, in his office; 2. Transmit a certified copy of such statement to the Secretary of State; 3. Make out and deliver or transmit by mail to the persons elected a certificate of election (unless it is in some law otherwise provided). SEC. 1288. When there has been a judicial election, or when there has been a general or special election for officers chosen by the electors of the State at large, each County Clerk, so soon as the statement of the vote of his county is made out and entered upon the records of the Board of Supervisors, must make a certified abstract of so much thereof as relates to the votes given for persons for offices to be filled at such judicial election (except Justices of the Peace) or at such general or special elections. mitted. SEC. 1289. The Clerk must seal up such abstract, How transindorse it "Election Returns," and without delay transmit it by mail to the Secretary of State. SEC. 1290. On the sixtieth day after the day of election, or so soon as the returns have been received from all the counties of the State, if received within that time, the Secretary of State must compare and estimate the vote, and make out and file in his office a statement thereof, and transmit a copy of such statement to the Governor. Duty of of State Secretary relative to. sions issued Governor. SEC. 1291. Upon receipt of such copy the Governor Commismust issue commissions to the persons who from it appear by to have received the highest number of votes for offices, except that of Governor or Lieutenant Governor, to be filled at such election. SEC. 1292. When an election has been held to fill the office of Governor or Lieutenant Governor, the Clerk of election for Governor and Governor, Returns of each county, in addition to the abstract made for transmission to the Secretary of State, must, as soon as the Lieutenant statement of the vote of his county is made out and entered upon the records of the Board of Supervisors, make two certified abstracts of so much thereof as relates to the vote given for such officers. how made. How transmitted. Same. Same. Canvass of returns of Governor SEC. 1293. The Clerk must seal up each abstract separately, and indorse thereon "Election Returns for Governor and Lieutenant Governor." SEC. 1294. He must at once direct one copy to "The Speaker of the Assembly next to meet," address it to Sacramento, California, and deposit it, post paid, in the Post Office. SEC. 1295. The other copy he must direct and address in the same manner, and at once deliver it to a member elect of the Legislature or to a Senator who holds over; and the person to whom it is so delivered must deliver it to the Speaker on or before the second day next after his election. SEC. 1296. The returns of election for Governor and election for Lieutenant Governor must during the first week of the session be opened, canvassed, and the result declared by the Speaker of the Assembly in presence of both Houses. and Lieutenant Governor. Defects in form of returns, when to be disregarded. SEC. 1297. No declaration of the result, commission, or certificate must be withheld on account of any defect or informality in the return of any election if it can with reasonable certainty be ascertained from such return what office is intended, and who is elected thereto. CHAPTER XII. ELECTION FOR ELECTORS OF PRESIDENT AND VICE PRESIDENT. SECTION 1307. Electors, when chosen. 1308. Returns, how made. 1309. How transmitted. 1310. Messenger, when Clerk may employ. |