§ 1. Voting machine to be tested before election; duty of county clerk. § 2. Committee of political party to be notified of test. Right of independent candidates.

§ 1. Voting machine to be tested before election; duty of county clerk. Within not more than thirty nor less than twenty days before the holding of any election in any county, city and county, city or town, at which is to be used voting or ballot machines adopted under the provisions of the act referred to in the title of this act, the county clerk or other officer having control of such election in such county, city and county, city or town, shall fix a day, which shall not be more than fifteen days nor less than five days before the date of such election, upon which the voting or ballot machines to be used at such election shall be examined, tested and sealed as hereinafter provided.

§ 2. Committee of political party to be notified of test. Right of independent candidates. At least twenty days before an election in any political subdivision where voting machines are to be used in one or more precincts, of such subdivision, under and pursuant to the law of this state, it shall be the duty of the board of election commissioners or other body having charge and control of such election, to notify in writing by mail with postage prepaid the chairman or secretary of the executive or central committee of any political party or organizations for the territory, which may have made nominations of candidates to be voted for at such election, that it may appoint representatives of such political party who shall be authorized to attend and observe the final adjustment, testing and sealing of such ballot machines, and thereupon it shall be the right of such committee to appoint as many representatives as it may see fit to select for such purpose, and to issue certificates of such appointment to such representatives by the secretary of such committees, respectively, which shall forthwith send a list of such representatives with the name of the political party or organization for which they are selected, and the name of each representative with his full address, adding street and number, to the said board of election commissioners or other body having charge and control of such election. If any political party or organization which has made nominations shall not have any chairman or secretary of such committee, or the name and address of such chairman or secretary shall not appear in its nomination papers, then the said election commissioners may send the notice above required to any person named in its nomination papers as the person to whom the certificate of nomination may be returned. Such board of election commissioners shall thereafter, and at least five days before the time therefor, send written notice with postage prepaid to each such representative of a political party or organization which has so been filed in its office, with the address of such representative; which notice shall state the time and place before such election where such representatives are invited to attend, to observe the final adjustment, testing and sealing of such voting machines, and thereafter at such time and place the final adjustment, testing and sealing of such voting machines under the directions of such board of election commissioners, shall proceed in the presence of as many of said representatives as

shall assemble to observe and view the same, a full and complete opportunity shall then and there be given to such representatives to observe the processes by which such adjustment, testing and sealing is performed, and to see that the said machines are set at zero, and without any vote registered thercon for the advantage of any party or candidate or otherwise. When the said machines are so sealed they shall not be unsealed again, except by the precinct election board on the day of election and except for trial as to their correctness after transportation to the various booths or polling places, at which places such trial may be made as the board of election commissioners or body having control of the elections shall direct, to see if any machine has become in any way disarranged during transportation to the polling place, and a seal necessary to such investigation may be broken or any work performed that may be necessary to put any machine in any such polling place in complete working order for such election, and the representatives aforesaid shall have the right to attend at any and all polling places for the purpose of viewing and observing any such unsealing arrangement and resealing, which final work shall take place not later than the day before the election, nor earlier than the third day before the election. If independent candidates are nominated, and no chairman or secretary is named in the certificate of nomination, then such candidate, or candidates, shall be notified as herein specified, and may attend, or appoint representatives to attend, with all the rights and privileges provided for by this act. It shall be the duty of the board of election commissioners, or other body having charge and control of such election, to notify in writing by mail with postage prepaid, the chairman or secretary of any of the executive or central committee of any political party or organization herein before referred to, and any independent candidate or candidates herein before referred to, of the time when the final inspection, adjustment, testing and sealing of such voting or ballot machines will commence at the polling-places, and of the place or places from which the inspectors will start in the performance of such duty, and that the representatives appointed pursuant to this act or such independent candidate or candidates, may attend as provided by this act. Such notices shall be so mailed not less than three days before the time named for commencing such final inspection.

§ 3. Penalty. Any person violating any provision of this act shall be guilty of a misdemeanor and punishable by a fine of not more than five hundred dollars or imprisonment of not more than six months, or both.

§ 4. Act takes effect when. This act shall take effect immediately. ACT 2273.

An act creating a state commission on voting machines, defining their powers, and providing for the use at the option of indicated local authorities of voting machines for receiving and registering the vote in one or more precincts of any county, or city and county, city or town, at any or all elections held therein, and for ascertaining the immediate result of such elections; and providing for the punishment of all violations of the provisions of this act.

[Approved May 3, 1923. Stats. 1923, p. 182.]

See prior act.

§ 1. Voting machines may be used generally.

§ 2. State commission created. Examination and approval of ma

§ 3.

chines.

Procedure attending examination and approval.

84. Requirements necessary and optional.

§ 5.

Local boards may adopt approved machines. Shall supply machines.

§ 19.

§ 20.

§ 21.

§ 22.

"Irregular ballots," manner of voting.

Certificates to be signed by board. Statement of votes cast, what to show and how prepared. Verification. Who may be present. Proclamation of result.

Machine to be kept locked and sealed until end of contest period.

Custody of keys.

Recanvass of votes where discrepancy in returns.

§ 23. Election precincts. Election boards.

§ 24. Application of other laws. Misconduct at elections. Offenses concerning voting machines. Definitions.

§ 25.

§ 1. Voting machines may be used generally. At all state, county, city and county, city, town and district elections of any character, primary, general, special or otherwise, hereafter held in the state of California, ballots or votes may be cast, registered, recorded and counted by means of voting machines, as hereinafter provided, and in compliance with section six of article two of the constitution of the state of California.

§ 2. State commission created. Examination and approval of machines. The governor, secretary of state and attorney general, and their successors in office are hereby created and constituted the state commission on voting machines. It shall be the duty of said commissioners to examine all voting machines, which may be offered for their inspection, in order to determine whether such machines comply with the requirements of this act, unless the said machine or machines shall have previously received the approval of a majority of said commission as herein provided.

Any machine or machines which shall have the approval of a majority of said commission may be provided for use at elections by the boards authorized so to do under the provisions of this act. The report of said commission on each and every kind of voting machine shall be filed with the secretary of state within thirty days after their examination of said machines and the secretary of state must within five days after the filing of any report approving any machine or machines, transmit to the boards of supervisors or other boards having

charge and control of elections in each of the counties, cities and counties, cities or towns of the state, a list of the machines so approved.

No machine or machines shall be used unless such type of machine shall have received the approval of the state commission prior to any election at which such machine or machines are to be first used.

§3. Procedure attending examination and approval. Any person or corporation owning or being interested in any voting machine may apply to the state commission on voting machines to examine such machine and report on its accuracy and efficiency to register the votes cast thereon. The commissioners shall examine the machine and report accordingly. The report shall be filed in the office of the secretary of state and shall state whether in their opinion the kind of machine so examined can be safely used by such voters at elections, under the conditions prescribed in this act. If the report states that the machine can be so used, it shall be deemed approved by the commissioners and machines of its kind may be adopted for use at elecas herein provided. When the machine has been so approved by the commissioners any improvement or change that does not impair its accuracy and efficiency shall not render necessary a re-examination or reapproval thereof. Any form of voting machine not so approved, or which has not been heretofore examined by said commissioners and reported on pursuant to law and its use specifically authorized by law, cannot be used at any election.

tions

For the purpose of assistance in examining such machine the said commissioners may employ not more than three expert machinists at a cost of not more than ten dollars for each day employed. The compensation of said machinists shall be paid by the person or corporation submitting the machine. Within thirty days after completing the examination of any voting machine the commissioners shall make and file with the secretary of state written or printed description and such drawings and photographs as shall clearly identify such machine and the mechanical operation thereof; and within ten days after receiving such report, the secretary of state shall send a copy thereof to the board of supervisors or other board having charge of elections of each of the counties, cities and counties, cities and towns.

§ 4.

Requirements necessary and optional. No voting machines shall

be approved by the state commission on voting machines unless it be so constructed to fulfill the following requirements: It shall secure to the voter secrecy in the act of voting. It shall provide facilities for voting for the candidates of as many political parties or organizations as may make nominations, and for or against questions.

Voting devices. The voting devices for the candidates at primary elections shall be arranged in separate parallel party lines, one or more lines for each party and in parallel office rows transverse thereto, and for general elections shall conform as nearly as practicable to the form of ballot provided for in section 1197 of the Political Code. No voting machine shall be approved except such as provides in the general election, for grouping, under the name of the office to be voted

on,

designation of the

all the candidates for such office with the parties, if any, by which they were respectively nominated. It shall permit the voter to vote for any person for any office that he shall

have the right to vote for but none other. It shall, except at primary elections, permit the voter to vote for all the candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties. It shall permit the voter to vote for as many persons for an office as he is lawfully entitled to vote for but no more. It shall prevent the voter from voting for the same person more than once for the same office. It shall permit the voter to vote for or against any question he may have the right to vote on but none other.

Equipment of machines. When used in primary elections it shall be so equipped that the election officials can lock out all rows except those of the voter's party by a single adjustment on the outside of the machine. It shall correctly register or record all votes cast for any and all persons and for or against any and all questions. It shall be provided with a lock or locks by which all operation of the registering mechanism can be prevented as soon as the polls of the election are closed. It shall be provided with a "protective counter," or "protective device" whereby any operating or tampering with the machine before or after the election will be detected. It shall be provided with a counter which shall show at all times during an election how many persons have voted. It shall be provided with a mechanical model, illustrating the manner of voting on the machine suitable for the instruction of voters.

Devices for voting for presidential electors. It may also be provided with one device for each party, for voting for all the presidential electors of that party by one operation, and a ballot label therefor containing only the words "presidential electors" preceded by the name of the party and followed by the names of the candidates thereof for the offices of president and vice-president, and a registering device therefor which shall register the vote cast for said electors when thus voted collectively, and similarly may be provided with one device for each party for voting, at the May presidential primary election, by one operation for such groups of candidates to national conventions as may be voted for as a group according to the provisions of the presidential primary act; provided, however, that means shall be furnished whereby the voter can cast a vote in part for the candidates for delegates to a national convention or for presidential electors of one party and in part for those of one or more other parties or in part or in whole for persons not nominated by any party;

No straight party voting device. and provided, further, that no straight party voting device shall be used except for delegates to a national convention or for presidential electors as set forth herein.

Order of list of candidates. Voting machines shall provide for the same order of the list of candidates for any office as is provided for in section 1197 of the Political Code.

§ 5. Local boards may adopt approved machines. Shall supply machines. The board of supervisors or other board having charge and control of elections in each of the counties, and cities and counties, cities or towns, of the state may adopt for use at eleetions any kind of voting machine approved by the state commission on voting machines, or the use of which has been specifically authorized by law; and thereupon such voting machine may

be