TITLE II. OF ELECTIONS. Chapter I. General Provisions Relating to Elections, §§ 1041 1080. II. Qualifications and Disabilities of Electors, §§ 1083, 1084. Registration of Electors, §§ 1094-1121. III. VI. Opening and Closing the Polls, §§ 1160-1164. VII. VIII. IX. X. XI. Poll Lists, §§ 1174, 1175. Election Tickets and Ballots, §§ 1185-1216. Canvassing and Returning the Vote, §§ 1252-1268. XII. Elections for Electors of President and Vice-President, §§ 1307-1322. XIII. Elections for Members of Congress, §§ 1332-1347. XIV. Primary Elections, §§ 1357-1380. CHAPTER I. GENERAL PROVISIONS RELATING TO ELECTIONS. Article I. Time of Holding Elections, §§ 1041-1044. II. Miscellaneous Provisions, §§ 1066-1073. IV. County, City and County Boards of Election Commissioners, §§ 1074-1080. § 1041. GENERAL ELECTION, WHEN TO BE HELD. There must be held throughout the state, on the first Tuesday after the first Monday of November, in the year eighteen hundred and eighty, and in every second year thereafter, an election, to be known as the general election. History: Enacted March 12, 1872; amended April 16, 1880, Code Amdts. 1880 (Pol. pt.), p. 77. See Kerr's Cyc. Pol. C. for 13 pars. annotation. 52 C. 164, 169 (cited); 56 C. 95, 98, 100 (referred to); 58 C. 558, 560 (construed); 62 C. 563 (referred to and construed in dis. op. 572, 573, 574); 130 C. 82, 94, 62 P. 516 (referred to); 141 C. 427, 430, 75 P. 56 (applied). As to act relating to purity of elections, see Hen. G. L. p. 421. As to effect of irregularities in calling or ordering election, see 90 A. S. 61-64. Rule as to first and last days in computation of time concerning elections and officers.-See 49 L. 193, 244-246. That time and place of holding elections are of substance of election. See Kerr's Cyc. Pol. C. § 1131 and note. § 1042. JUDICIAL ELECTION (repealed). History: Enacted March 12, 1872; repealed April 16, 1880, Code Amdts. 1880 (Pol. pt.), p. 77. 52 C. 164, 169 (cited). § 1043. SPECIAL ELECTIONS, WHEN TO BE HELD. Special elections are such as are held to supply vacancies in any office, and are held at such times as may be designated by the proper board or officer. History: Enacted March 12, 1872. See Kerr's Cyc. Pol. C. for 9 pars. annotation. 52 C. 164, 169 (referred to); 55 C. 612, 617 (construed); 114 C. 363, 364, 46 P. 150 (referred to and construed); 130 C. 82, 94, 62 P. 516 (referred to). As to act concerning special elections, see Hen. G. L. p. 421. As to city elections, see Kerr's Cyc. Pol. C. § 4369 and note. As to election proclamation by governor, see Kerr's Cyc. Pol C. §§ 1053, 1054 and notes. As to how vacancies occur, see Kerr's Cyc. Pol. C. § 996 and note. § 1044. CONDUCT OF MUNICIPAL ELECTIONS. Except in the particulars or cases otherwise provided for in the constitution or laws of the state or by the provisions of a freeholder charter duly adopted or amended pursuant to the constitution of this state, all municipal elections, where the same are held separate from state elections, and all elections held under the authority of section eight of article eleven of the constitution, to elect boards of freeholders, or to vote upon proposed charters, or upon amendments to existing charters, and all other special elections, including all special elections to vote upon or for or against any proposition or question authorized to be submitted to a vote, shall be conducted under the provisions of sections ten hundred and forty-four, eleven hundred and thirty-three, eleven hundred and twenty, ten hundred and fifty-one and eleven hundred and twenty-one of this code. Sec. 6. [Repealing clause.] The act entitled "An act in relation to municipal elections where the same are held separate from general state elections, and elections held under the authority of section eight of article eleven of the constitution, to elect boards of freeholders, or to vote upon proposed charters or upon amendments to existing charters, and to repeal an act entitled an act in relation to elections held under the authority of section eight of article eleven of the constitution, approved March 31, 1897," approved March 4, 1899, is hereby repealed. History: Enacted March 19, 1907, Stats. and Amdts. 1907, p. In effect immediately. 661. § 1053. § 1054. § 1055. § 1056. § 1053. ERNOR. ARTICLE II. ELECTION PROCLAMATIONS. Election proclamations by the governor. ELECTION PROCLAMATIONS BY THE GOVAt least thirty days before a general election, and whenever he orders a special election to fill a vacancy in the office of state senator or member of assembly, at least ten days before such special election the governor must issue an election proclamation, under his hand and the great seal of the state, and transmit copies thereof to the boards of supervisors of the counties in which such elections are to be held. History: Enacted March 12, 1872; amended January 11, 1878, Code Amdts. 1877-8, p. 25; April 16, 1880, Code Amdts. 1880 (Pol. pt.), p. 77. See Kerr's Cyc. Pol. C. for 12 pars. annotation. 91 C. 432, 435, 24 P. 864, 27 P. 756 (applied). As to effect of irregularities in notice of election, see 90 A. S. 67-72. As to effect of irregularities in notice of special election, see 90 A. S. 68-72. As to opening and closing of polls, see Kerr's Cyc. Pol. C. 1160 and note, §§ 1161-1164. As to proclamation of governor, see 83 A. D. 750. § 1054. GOVERNOR'S PROCLAMATION, WHAT TO CONTAIN. Such proclamation must contain: 1. A statement of the time of election, and of the offices to be filled; 2. An offer of rewards, in the following form: "And I do hereby offer a reward of one hundred dollars for the arrest and conviction of any and every person violating any of the provisions of title four, part one, of the Penal Code; such rewards to be paid until the total amount hereafter expended for the purpose reaches the sum of ten thousand dollars." History: Enacted March 12, 1872. 55 C. 612, 617 (referred to); 91 C. 432, 435, 24 P. 864, 27 P. 756 (referred to and applied). As to crime against elective franchise, see Kerr's Cyc. Pen. C. §§ 40-64% and notes. As to designating time and place of holding election, see Kerr's Cyc. Pol. C. § 1041 and note pars. 12, 13. § 1055. PUBLICATION AND POSTING BY SUPERVISORS. The board of supervisors, upon the receipt of such proclamation may, in case of general or special elections, cause a copy of the same 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, and in case of special elections to fill a vacancy in the office of state senator or member of assembly, the board of supervisors, upon receipt of such proclamation, may, in their discretion, cause a copy of the same to be published or posted as herein before provided, except that such publication or posting need not be made for a longer period than five days before such election. History: Enacted March 12, 1872; amended March 15, 1876, Code Amdts. 1875-6, p. 24; January 11, 1878, Code Amdts. 1877-8, p. 26; April 16, 1880, Code Amdts. 1880 (Pol. pt.), p. 77. See Kerr's Cyc. Pol. C. for 5 pars. annotation. 53 C. 389, 393 (referred to); 56 C. 114, 116 (cited); 91 C. 432, 435, 438, 24 P. 864, 865, 866, 27 P. 756, 757 (referred to and applied). § 1056. ELECTION PROCLAMATION BY SUPERVISORS. 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, section one thousand and fifty-four, and must publish and post it in the same manner as proclamations issued by the governor. History: Enacted March 12, 1872. See Kerr's Cyc. Pol. C. for 4 pars. annotation. 55 C. 612, 617 (referred to), (construed in dis. op. 621); 91 C. 432, 435, 24 P. 864, 865, 27 P. 756, 757 (referred to and applied). As to special elections, see Kerr's Cyc. Pol. C. §§ 1043, 1053 and notes. |