$1066. § 1067. § 1068. § 1069. § 1070. § 1071. § 1072. $ 1073. ARTICLE III. MISCELLANEOUS PROVISIONS. Plurality to elect. Proceedings on a tie vote other than for governor or Same, on tie vote for governor or lieutenant-governor. Electors exempt from militia duty, when. No fees for certificates of registration. § 1066. PLURALITY TO ELECT. The person receiving at any election the highest number of votes for any office to be filled at such election is elected thereto. History: Enacted March 12, 1872. See Kerr's Cyc. Pol. C. for 4 pars. annotation. 132 C. 283, 284, 64 P. 285 (applied); 143 C. 544, 77 P. 477 (construed in dis. op. 549); 7 C. A. 151, 152, 93 P. 1060 (construed with art. XX, § 13, of the constitution). As to what constitutes sufficient majority to carry an election, see authorities referred to in 51 L. 722. § 1067. PROCEEDINGS ON A TIE VOTE OTHER THAN FOR GOVERNOR OR LIEUTENANT-GOVERNOR. 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. History: Enacted March 12, 1872, founded upon § 50 Act March 23, 1850, Stats. 1850, p. 106. See Kerr's Cyc. Pol. C. for 6 pars. annotation. 132 C. 283, 284, 64 P. 285 (construed); 143 C. 544, 546, 547, 549, 77 P. 477 (construed); 151 C. 451, 452, 453, 91 P. 102 (construed and applied with § 803 C. C. P.). As to special elections, see Kerr's Cyc. Pol. C. §§ 1043, 1053 and notes. 1 Decision of tie vote at election.-See 47 L. 551-564. § 1068. SAME, ON TIE VOTE FOR GOVERNOR OR LIEU. TENANT-GOVERNOR. In case any two or more persons have an equal and the 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. History: Enacted March 12, 1872. As to choice of governor by legislature where two or more persons have an equal and highest number of votes for that office, see Const. 1879 art. V § 4, Hen. G. L. p. lxxvi. § 1069. ELECTORS PRIVILEGED FROM ARREST, WHEN. Electors are privileged from arrest, except for an indictable offense, during their attendance on the election, and in going to and returning from the same. History: Enacted March 12, 1872. As to privilege of electors from arrest on days of election, see Const. 1879 art. II § 2, Hen. G. L. p. lxviii. § 1070. ELECTORS EXEMPT FROM MILITIA DUTY, WHEN. No elector is obliged to perform militia duty on the day of election, except in time of war or public danger. History: Enacted March 12, 1872. As to performance of military duties by elector, see Const. 1879, art. II § 3, Hen. G. L. p. lxviii. § 1071. NO FEES FOR CERTIFICATE OF REGISTRATION. No fees must be charged for registration or certificates thereof. History: Enacted March 12, 1872. § 1072. COMPENSATION OF OFFICERS OF ELECTION. Each member upon a board of election in any county, or city and county, in the state, and each clerk thereof, shall receive as compensation for his services upon such board, a sum not to exceed ten dollars, which sum shall be paid out of the treas ury of the county, or city and county, in which such persons act. History: Enacted March 12, 1872; amended March 20, 1889, Stats. and Amdts. 1889, p. 423. See Kerr's Cyc. Pol. C. for 2 pars. annotation. 142 C. 513, 517, 76 P. 253 (referred to). § 1073. SUPERVISORS TO HAVE BLANKS PREPARED. The necessary printed blanks for poll lists, tally lists, lists of voters, oath, and returns, together with envelopes in which to inclose returns, must be furnished by the board of supervisors to the officers of each election precinct at the expense of the county. History: Enacted March 12, 1872. ARTICLE IV. COUNTY, CITY AND COUNTY BOARDS OF ELECTION [A new article added March 28, 1895, Stats. and Amdts. 1895, pp. 341-345; took effect July 1, 1895.] § 1079. § 1080. Clerks of boards. [Salary of.] Expenditure of moneys [in respect to elections]. Statutes continued in force. § 1074. [No section of this number.] The § 1075. BOARD OF ELECTION COMMISSIONERS. board of supervisors of each county is ex officio the board of election commissioners in and for the county, and the common council, or other governing body of a city, is ex officio the board of election commissioners in and for such city; provided, that in cities and cities and counties of this state having one hundred and fifty thousand or more inhabitants the board of election commissioners shall consist of four persons, citizens and electors of such city, or city and county, each of whom must be a freeholder, and have been an actual resident of said city and county at least five years preceding his appointment, who shall be appointed by the mayor; provided, that the respective executive committees of the state committees of either of the political parties who may be entitled under the provisions of this act to have members of their party appointed as members of said board of election commissioners, shall have the right, within ten days after such appointment, to file with the mayor a written protest against the appointment of a member of said board of election commissioners, as having been appointed as one of affiliation with said party, on the grounds that said appointee is not a person of well-known affiliation and standing with said party from which he has been appointed; and the mayor thereupon shall make another appointment in the place of the party against whom the protest has been filed. The members of said commission shall be ineligible to any other office or public employment, elective or appointive, during the term for which they have been appointed and for one year thereafter. Two of the persons so appointed shall be selected from the body of citizens and electors of such city, or city and county, of known affiliation with and belonging to the political party or organization which at the last presidential election held in such city, or city and county, polled within said city, or city and county, the highest number of votes cast for the candidates of the political party for presidential electors at such election; and the two remaining members of said board shall be selected from the body of electors of such city, or city and county, of known affiliation with and belonging to the political party which, at the last presidential election held at such city, or city and county, polled within such city, or city and county, the next highest number of votes cast for the candidates for presidential electors of a political party. [Chairman of board.] The members of said commission shall, every two years, choose one of their number as chairman; in the event of their failure to select a chairman in five ballots, the oldest of said members in point of years shall be chairman. [Term of office.] The persons first appointed as such board of election commissioners shall be appointed on the first Monday of July, eighteen hundred and ninety-five, and shall each hold their office for the term of four years from and after the date of their appointment, except that of those first appointed, two (one belonging to each political party or organization as aforesaid), to be designated by the mayor, shall retire at the end of two years, when their successors shall be appointed by the mayor. [Vacancy, how filled.] Whenever any vacancy shall occur in the said board, such vacancy shall be filled by appointment as herein prescribed, and the person so appointed to fill such vacancy shall be selected in the same manner and from the |