appointment shall wholly cease and determine. No charge or fee of any nature for any service by any such special verification deputy shall under any circumstances be made against or paid by the state or any county, city, city and county, or political subdivision.

History: Amended March 19, 1907, Stats. and Amdts. 1907, p. 657.
In effect from and after July 1, 1907.

1189. WHEN CERTIFICATES [OF NOMINATION] ARE TO BE FILED FOR STATE AND COUNTY OFFICES. Certificates of nomination shall be filed with the secretary of state for the nomination of candidates for office to be filled by the electors of the entire state, or for members of the state board of equalization, state board of railroad commissioners, house of representatives, or justices of the district courts of appeal. Certificates of nomination shall be filed with the clerk or secretary of the legislative body of any incorporated city or town for the nomination of any candidate for an office under the government of any city or town. to be filled by the electors of such city or town. For all other nominations to public office, certificates of nomination shall be filed with the clerks of the respective counties wherein the offices are to be filled by the electors; and where the district or political division embraces more than one county, such certificate must be filed with the clerk of the county in which the candidate resides, and the name of each such candidate, as specified in the certificate of nomination, shall be certified by said county clerk to the county clerks of the other counties within the district or political division, not less than twenty-seven days before the day of election.

History: Amended March 19, 1907, Stats. and Amdts. 1907, p. 650.
In effect from and after July 1, 1907.

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§ 1192. CERTIFICATES OF NOMINATION, WHEN TO BE FILED WITH SECRETARY OF STATE. VACANCIES. Certificates of nomination quired to be filed with the secretary of state shall be filed not more than sixty days and not less than forty days before the day fixed by law for the election of the persons in nomination, when the nomination is made by a convention, and not more than sixty days and not less than thirty-five days before the day of election, when the nomination is made by electors, as provided in section one thousand, one hundred and eighty-eight of this code.

[When to be filed with county clerk.] Certificates of nomination required to be filed with the county clerks, or with the clerk or secretary of the legislative body of any city or town, shall be filed not more than fifty nor less than thirty days before the day of election, when the nomination is made by a convention, and not more than fifty days nor less than thirty days before the day of election, when the nomination is made by electors.

[Duty of county clerk.] The county clerk of the county wherein certificates of nominations for senators and members of the assembly and judges of the superior court are required to be filed, must, within five days after the filing of such certificates, make out a copy of such certificate of nomination, certify the same under his official seal, and forward such copy or copies to the secretary of state.

[Vacancies, how filled.] Should a vacancy in the list of nominees of a convention occur, such vacancy may be filled by the convention; or if it has

delegated to a committee the power to fill vacancies, such committee may, upon the occurring of such vacancy, proceed to fill the same; provided, that such nominations shall be made and certified, and such certificate filed at least thirty days before the day of election, and not thereafter. The chairman and secretary of the convention, or of such committee, shall thereupon make and file with the proper officer a certificate setting forth the cause of the vacancy, the name of the person nominated, the office for which he was nominated, the name of the person for whom the new nominee is to be substituted, the fact that the committee was authorized to fill vacancies, and such further information as is required to be given in an original certificate of nomination. The county clerk of the county wherein such certificate to fill a vacancy in the list of nominees of a convention for senators, or members of the assembly, or judges of the superior court, must, within five days after the filing of such certificate, make out a copy of such certificate, certify the same under his official seal, and forward such copy or copies to the secretary of state.

[Secretary of state to certify nominations, when.] When a certificate to fill any vacancy shall be filed with the secretary of state, he shall, in certifying the nomination to the various county clerks, insert the name of the person who has been thus nominated to fill a vacancy in the place of the original nominee.

[Withdrawal of nominee.] Any person whose name has been presented as a candidate, may, at least thirty days before the day of election, cause his name to be withdrawn from nomination, by filing in the office where the original certificate of nomination was filed his request therefor, in writing, signed by him and acknowledged before the county clerk of the county in which he resides; and no name so withdrawn shall be printed on the ballot.

[Filing certificates, duty of officers-Defects.] Whenever any certificate of nomination is presented for filing to any officer authorized to file the same, such officer shall forthwith, upon receipt of the same and before filing, examine the same, and if there is any defect, omission, or reason why the same should not be filed, such officer shall then and there forthwith designate, in writing, the defect, omission, or reason why such certificate cannot be filed, and return the said certificate to the person named in such certificate as the person to whom the same may be returned, under this section, with such written designation of defect, omission, or reason for not filing the same; and after the filing of any certificate of nomination, no officer required by law to transmit any nomination, or to make up or print any ballot, shall fail or omit to transmit such nomination, or omit to print the name of any nominee or candidate named in any certificate of nomination which has been filed; and unless a certificate of nomination is returned as herein required, the officer to whom the same is properly presented shall file the same as soon as he shall receive and examine the same as herein required, and must file it as of the day it is presented.

No certificate of nomination shall be entitled to be filed unless the same shall contain a designation of the name of a person to whom the same may be returned, pursuant to the provisions of this section, with the address of such person, adding street and number when there is such.

[Certificate showing nomination by convention.] Where a certificate of nomination shows that the nominations were made by a convention, or by a

committee appointed by a convention to fill vacancies, if the official vote of record in the office of the secretary of state, or in the office of the officer where the same is required by law to be filed shows that the political party which held the convention referred to in such certificate had not polled three per cent of the entire vote of the state, or the county, city and county, district, or other political division, for which such convention was held, such certificate shall not be filed, and the officer with whom such a certificate is required to be filed, shall examine such official vote to ascertain the fact.

History: Amended March 19, 1907, Stats. and Amdts. 1907, p. 650.
In effect from and after July 1, 1907.

1202. BALLOT-CLERKS TO BE APPOINTED. At the same time and in the same manner as inspectors and judges of election are now appointed in this state, two ballot-clerks for each election precinct in the state shall be appointed, whose duty it shall be to have charge of the ballots on the day of election, and to furnish them to the voters in the manner hereinafter provided; provided, however, that in precincts where voting or ballot machines are used, such clerks need not be appointed.

[Qualification and compensation.] Such ballot-clerks shall be electors of the precinct from which they are appointed, and shall be paid the same compensation as inspectors of election.

[To be chosen from what party.] In making appointments of such ballotclerks, one of them shall be taken from the political party that polled the largest number of votes at the last preceding general election, and the other from the party that polled the next largest number of votes at such general election.

[Service Additional clerks.] They shall act as additional clerks of election when the polls are closed, and they shall serve until the votes are counted and the returns are signed;

[Additional election officers, when.] Provided, that whenever a general and a municipal election shall be held at the same time, there shall be appointed one additional inspector, one additional judge, and two additional clerks in the manner now provided by law.

History: Amended March 6, 1907, Stats. and Amdts. 1907, p. 131.
In effect immediately.

§ 1358. TERMS [RELATING TO POLITICAL CONVENTIONS] AS USED IN THIS CHAPTER, DEFINED. A convention to nominate candidates for public office to be voted for by the electors of the entire state will be hereinafter in this chapter designated as a state convention, and a primary election for the election of delegates to such convention will be hereinafter in this chapter designated as a state primary. Conventions to nominate candidates for representatives in congress, justices of the district courts of appeal, and members of the board of equalization, or railroad commissioners, or for senators and assemblymen, or judges of the superior court, from districts including more than one county, will be hereinafter in this chapter designated as district conventions, and a primary election to elect delegates to such conventions will be hereinafter in this chapter designated as a district primary.

Conventions to nominate candidates for county, or city and county officers, judges of the superior court, or justices of the peace in any city and county, and members of the senate and assembly representing districts wholly within one county, or city and county, supervisors, and all township officers, will be hereinafter in this chapter designated as local conventions, and a primary election to elect delegates to such conventions will be hereinafter in this chapter designated as a local primary. A convention to nominate candidates for city or town officers will be hereinafter in this chapter designated as a city convention, and a primary election to elect delegates to such conventions will be hereinafter in this chapter designated as a city primary.

History: Amended March 19, 1907, Stats. and Amdts. 1907, p. 652.
In effect from and after July 1, 1907.

$1361. POLITICAL PARTIES ENTITLED TO DESIGNATION UPON OFFICIAL BALLOT. All political parties which, at the last election prior to any ensuing primary election herein provided for, polled at least three per cent of the entire vote of the state, county, district, city and county, city or town, or other political division for which a primary election is to be held under the provisions of this chapter, or which, in the case of any county, city and county, township, city, or district wherein no general election shall have been held after its organization, shall have polled at least three per cent of the votes cast in the precincts composing such county, city and county, township, city, or district, shall be entitled to a designation and place upon the official ballot to be used in all elections for delegates under this chapter upon complying with the provisions of this section.

[Other political organizations-Petition.] All other political organizations which shall file with the proper officer or board of election commissioners the petition required in such behalf by the provisions of this chapter shall be entitled to participate in such primary election.

[Petition, how authenticated, and what to set forth.] Where a state or district convention is to be held, the governing committee of any political party for such territory shall, at least forty days prior to the dates of the state or district primary, file with the secretary of state, a writing, designated in this chapter as a petition, authenticated by the chairman and secretary, or other governing officers of such party, state, or district committee, setting forth the name of such party, that such writing is authenticated by the proper officers of the party committee, that it is the intention of such party to hold a state or district convention or conventions, for the purpose of making a nomination or nominations of candidates for public offices to be voted for at the next ensuing general election, or at any special election within the same territory which may be called within two years after the primary election, for the purpose of filling any vacancy in any public office for which such convention is entitled to make nominations, and requesting that a place be given to it upon the official primary election ballot where such primary election is to be held under the provisions of this chapter.

[Same. State and district conventions, delegates to, etc.] Where a state convention is to be held, the respective petitions as filed shall provide that the same delegates composing the state convention, who reside within the respec

tive appellate districts, railroad commissioner districts and state equalization districts, shall be the delegates to the respective conventions to nominate candidates for justices of the district courts of appeal, railroad commissioners, and for members of the state board of equalization. And the

Petitions filed by congressional district committees, where there are such committees, shall state whether the delegates elected to a state convention, within such congressional district, shall be the delegates empowered to nominate a candidate for congress in such district, or whether separate delegates shall be selected in such congressional district for that purpose. And Petitions filed by senatorial or assembly district committees, from districts including more than one county, where there are such district committees, shall state whether the same delegates to the state convention residing within such district shall nominate the candidate for senator or assemblyman in such district, or whether separate delegates shall be elected in such district for that purpose.

[State senators and assemblymen, nomination of.] And unless there shall be such district petitions providing for such separate delegates in the cases aforesaid, such district candidates for congress, state senator, or assemblyman shall be nominated by the delegates to the state convention who come from and reside within such respective districts. Such

Petition must further state the number of delegates who will compose the convention, and specify the basis of the apportionment upon which they are to be elected. Such petition may either make such apportionment in detail, or may leave such apportionment in detail to the party committees of the respective counties, or of any city and county, in this state; provided, however, that any apportionment made in accordance with the provisions of this chapter must be made on the same basis for each subdivision, and must not be to, or the election by, territory not included in the same assembly district; nor such as to allow voters in different counties to vote for the same delegate or delegates; such

Petition must be duly verified as to the truth of such matters by the chairman or secretary, or a governing officer of such party, before an officer authorized to administer an oath in this state. If the

Petition be by a political organization which has not previously polled three per cent of the vote as heretofore mentioned and specified in this section, then and in that event such petition must be signed by the electors residing within the state, district, or political division for which candidates are to be presented, equal in number to at least three per cent of the entire vote cast at the last preceding election in the state, district, or political division for which nominations are to be made, and must be verified as required by section eleven hundred and eighty-eight of the Political Code, and be signed and arranged in all respects as required for certificates of nomination by the provisions of section eleven hundred and eighty-eight of the Political Code, and contain the name and complete address of a person to whom the same may be returned if not entitled to be filed; and all the provisions of section eleven. hundred and ninety-two of the Political Code relating to the presentation, examination, and return of certificates of nominations, shall apply to the petitions mentioned in this section. Such