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party or organization with which his predecessor in office affiliated and belonged at the time of his appointment thereto, and shall hold office for the balance of the unexpired term to which he was appointed. The salary of each member of the board of election commissioners in and for a city, or city and county, having one hundred thousand or more inhabitants, shall be seven hundred and fifty dollars per annum, payable in equal monthly installments, out of the treasury of such city, or city and county, in the same manner as the salaries of other officers of such city, or city and county, are paid. En. Stats. 1895, 338.
Cal.Rep.Cit. 111, 99; 111, 100.
This act was declared unconstitutional in the case of Denman v. Broderick, 111 Cal. 96.
8 1076. Powers of commissioners. The board of election commissioners, as provided for in this article, shall, within their respective counties, cities, or cities and counties, be invested with, and shall exercise all the powers conferred, and shall discharge and perform all the duties imposed by this code or by any law of this state, upon boards of supervisors of the several counties, or upon the common council or other governing body of cities, or upon any other board or body, in respect to the conduct, control, management, and supervision of elections, and all matters pertaining to elections held within the respective counties, cities, or cities and counties, as the same are now or may be here. after prescribed by law. En. Stats. 1895, 339.
§ 1077. Secretary and clerks of commissioners. The county clerk is ex-officio clerk of the board of election commissioners of the county, and the clerk or secretary of the common council or other governing body of a city is ex-officio the clerk or secretary of the board of election commissioners; provided, that in cities, or cities and counties, of this state having one hundred and fifty thousand or more inhabitants, the board of election commissioners shall appoint a suitable person, not one of their own number, to act as secretary, at a salary not to exceed two hundred and fifty dollars per month, payable in the same manner as the salaries of the commissioners are paid. Such secretary shall hold his office during the pleasure of the said board.
The secretary of the board of election commissioners shall not, during the term of his office, engage in any other calling or trade, or profession or employment, and shall be ineligible to be a candidate or delegate to any convention which shall nominate candidates for office, and he shall be ineligible to be voted for for any office while acting as such secretary; and if these provisions of the law are not obeyed, it shall be the duty of the board of election commissioners forthwith to declare his place vacated, and the vacancy shall be filled in the same manner and terms as provided for in the original appointment.
Each member of the board of election commissioners, and the secretary elected by said board of election commissioners, shall, within fifteen days after receiving notice of their appointment, take the usual oath of office before any judge of the superior court of said county, or city and county, and said oaths of office shall be filed with the county clerk of said city and county.
The board of election commissioners shall have the power to appoint all deputies, and such clerks as may be necessary, and to fix their salaries at the time of their employment. All deputies and clerks thus appointed shall be equally divided between the representatives of the political parties that polled the highest and the next to the highest number of votes at the preceding presidential election. The salaries of all deputies and clerks that may be appointed by said board of election commissioners shall be payable in equal monthly installments out of the treasury of said city, or city and county, in the same manner as the salaries of other officers of such city, or city and county, are paid.
The members of the board of election commissioners, the secretary of the board of election commissioners, all deputies and clerks appointed by the board of election commissioners, and all election officers, shall have the power to administer oaths; and any false oaths taken before them, or either of them, shall be deemed to be perjury, and the person so convicted thereof shall be punished according to law. En. Stats. 1895, 339.
$ 1078. Secretary of commissioners, powers and duties. The county clerk of each county, and the clerk or secretary of the common council of a city, shall, within their respective counties, or cities, exercise all the powers conferred, and shall discharge and perform all the duties imposed by this code, or by any law of this state, upon such officers in respect to the conduct, management, and super. vision of elections, and matters pertaining to elections, held within the respective counties, or cities, as the same are now or may be hereafter prescribed by law; provided, that in cities, or cities and counties, having one hundred and fifty thousand or more inhabitants, the secretary of the board of election commissioners, under the direction of the board of election commissioners, shall exercise all the powers conferred, and shall discharge and perform all the duties imposed by this code, or by any law of this state, upon the county clerk or any other officer in such cities, or cities and counties, in respect to the conduct and supervision of matters relating to elections held within such cities, or cities and counties, as the same are now or may be hereafter prescribed by law. En. Stats. 1895, 340.
$ 1079. Expenditures. Whenever the clerk, secretary, or any officer of a county, city, or city and county, is charged with the performance of any official duty in respect to elections which involves the expenditure of public moneys, such expenditures shall be subject to the control and supervision of the board of election commissioners; and when any printing or other service is to be performed, or materials are to be furnished, the amount of which in the aggregate shall exceed the value of five hundred dollars, it shall be the duty of the board of election commissioners to invite proposals for the work, or the furnishing of the materials, and to let the contract for the same to the lowest responsible bidder therefor, in the same manner and upon the same conditions as is required in che letting of contracts for doing other and similar work, or furnishing other and similar materials, for county, city, or city and county purposes; provided, that no such proposal or bid shall be required for the contract to print ballots, if the time within which such ballots must be had does not reasonably admit of such proposal and bid. En. Stats. 1895, 340.
$ 1080. Effect of act creating election commissioners. Nothing contained in this article affects any of tne provisions of this code, or of any statute of this state, touching the registration and qualification of voters and the method of calling, holding, and conducting elections, in force in any county, city, or city and county; but such provisions and statutes are recognized as continuing in force, except so far as they are inconsistent with the provisions of this article upon the subject to which this article relates. En. Stats. 1895, 341.
QUALIFICATIONS AND DISABILITIES OF ELECTORS. 1083. Qualifications of a voter. 1084. Persons not entitled to vote.
$ 1083. Qualifications of a voter. Every male citizen of the United States, every male person who shall have acquired the right of citizenship under or by virtue of the treaty of Queretaro, and every male naturalized citizen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have been a resident of the state one year next preceding the election, and of the county in which he claims his vote ninety days, and in the election precinct thirty days, and who has conformed to the law governing the registration of voters, shall be a qualified elector at any and all elections held within the county, city and county, city, town, or district, within which such elector resides. En. March 12, 1872. Am'd. 1880, 77; 1893, 124; 1899, 60.
Cal. Rep.Cit. 91, 467 ; 118, 394; 119, 617; 119, 618; 127, 89. No property qualification ever to be required for any person to vote: Const. Cal., art. I, sec. 24.
Citizens, native and naturalized: Ante, sec. 51.
Residence, for voting purposes, rules for determining place of: Post, sec. 1239.
Great register of county, name enrolled on: See Registration of Electors, secs. 1094-1119.
Educational qualification, act relating to: See post, Appendix, title Elections.
$ 1084. Persons not entitled to vote. No native of China, no idiot, insane person, or person convicted of any infamous crime, and no person hereafter convicted of the embezzlement or misappropriation of public money, shall ever exercise the privilege of an elector. En. March 12, 1872. Am'd. 1880, 78.
Cal.Rep.Cit. 91, 467.
Constitutional basis of section: As amended 1880; proviso in Const. Cal., art. II, sec. 1.
Native of China, provisions against Chinese: Const. Cal., art. XIX.
REGISTRATION OF ELECTORS. $ 1094. Great register, re-registration. $ 1095. Names of electors to be entered. $ 1096. Substance of entry. $ 1097. Rules governing entry. § 1098. Assessor's roll of electors. (Repealed.) $ 1099. What enrollment must show. (Repealed.)" 8 1100. Duty of clerk or assessor relative to certain proots
produced. (Repealed.) § 1101. Assessor must make monthly returns of enrollment. (RO
pealed.) $ 1102. Duty of clerk upon receipt of the return. $ 1103. Affidavits must be filed in clerk's office for five years. 8 1104. Persons not to be registered in different counties. $ 1105. Cancellation of entry. § 1106. When entry must be canceled. $ 1107. Clerk must give certificate of registration. $ 1108. Persons refused registration may proceed by action. § 1109. Action to have registration canceled. § 1110. Parties to such actions. § 1111. Same. $ 1112. Costs not to be recovered against the clerk, except. $ 1113. Clerk to arrange affidavits of registration. $ 1114. Names, manner of arrangement. (Repealed.) $ 1115. Clerk to prepare index. § 1116. Printed copies, how distributed. g 1117. Certified copy prima facie evidence. $ 1118. Primary elections. $ 1119. Primary elections.
$ 1094. Great register, re-registration. A register, in which shall be entered the names of the qualified electors of each of the counties of the state, shall be kept at the office of the county clerk of each county, and in each of the cities and counties of the state such a register shall be kept in the office of the person charged with the registration of voters of such city and county. There shall be, in each even-numbered year, in each of the counties of the state, a new and complete registration of the voters of such counties, and cities and counties, who are entitled thereto. Such registration shall begin on the first day of January of such years, and shall be in progress at all times except during the forty days immediately preceding any