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$ 1107. Clerk must give certificate of registration. Upon the application of the party, in person or in writing, the clerk must give him or his agent a certified copy of the entries upon the great register relating to such party. En. March 12, 1872.

Cal.Rep.Cit. 119, 619.

$ 1108. Persons refused registration may proceed by action. If the clerk refuses to enter the name of any qualified elector of the county upon the great register, such elector may proceed by action in the superior court to compel such entry. En. March 12, 1872. Am’d. 1880, 20; 1880, 79.

Rules governing entry: Ante, sec. 1097.

$ 1109. Action to have registration canceled. Any person may proceed by action in the superior court to compel the clerk to cancel any entry made on the great register illegally, or that ought to be canceled by reason of facts that have occurred subsequent to the time of such entry, but if the person whose name is sought to be canceled be not a party to the action, the court may order him to be made a party defendant. En. March 12, 1872. Am'd. 1873-4, 17; 1880, 20; 1880, 79.

Cal.Rep.Cit. 111, 7.
When entry must be canceled: •Ante, sec. 1106.
Parties to civil actions: Code Civ. Proc., secs. 367-390.

$ 1110. Parties to such actions. In an action under the authority of section 1108, as many persons may join as plaintiffs as have causes of action. En. March 12, 1872.

Joinder of plaintiffs generally: Code Civ. Proc., sec. 378.

Uniting causes of action generally: Code Civ. Proc., sec. 427.

8 1111. Same. In an action under the authority of section 1109, the clerk and as many persons as there are causes of action against may be joined as defendants. En. March 12, 1872.

Joining all parties interested as defendants, in general: Code Civ. Proc., secs. 379, 382.

$ 1112. Costs not to be recovered against clerk, except. Costs cannot be recovered against the clerk in any action under the authority of this chapter, unless it is alleged in the complaint, and established on the trial, that the clerk knowingly and willfully violated a plain duty. En. March 12, 1872. Costs generally: Code Civ. Proc., secs. 1021-1039.

1113. Clerk to arrange affidavits of registration. Within fifteen days after the last day of registration, the clerk shall arrange the affidavits of registration for each precinct alphabetically by surnames, and number the same, beginning with one in each case, and bind the same, or cause them to be bound, into a book by fastening the lefthand edges together with a staple, wire, thread or other suitable material; he shall at the same time treat the duplicate affidavits of registration in the same manner. En. March 12, 1872. Am'd. 1873-4, 17; 1877-8, 27; 1880, 79; 1895, 231; 1899, 62.

Cal.Rep.Cit. 94, 622; 136, 276.

§ 1114. Names, manner arrangement. (Repealed.) En. March 12, 1872. Am'd. 1873-4, 19; 1895, 231. Rep. 1899, 63.

1115. Clerk to prepare index. Within five days after the binding of the said books, the clerk shall prepare an index of each book, said index to contain the names, ages, address, and numbers as they appear in said books, and shall have at least one hundred copies of said index printed. En. March 12, 1872. Am'd. 1873-4, 19; 1875-6, 24; 1895, 231; 1899, 62.

Cal.Rep.Cit. 101, 318; 101, 319.

$ 1116. Printed copies, how distributed. The clerk must, before the day of election, transmit and cause to be delivered to the board of election in each precinct, one of such books of affidavits of registration for their respective precinct, which shall constitute the register to be used at such election; he shall also cause to be delivered at the same time five copies of the index to said book. En. March 12, 1872. Am'd. 1873-4, 20; 1875-6, 25; 1895, 232; 1899, 62.

Cal.Rep.Cit. 101, 319.

$1117. Certified copy prima facie evidence. A certified copy of an uncanceled entry upon the great register is prima facie evidence that the person named in the entry

is an elector of the county. En. March 12, 1872. Am'd. 1873-4, 20.

Prima facie evidence defined: Code Civ. Proc., sec. 1833.

$ 1118. Primary elections. The qualifications and registration of voters at primary elections shall be subject to the same tests and governed by the same rules and regulations as are in the constitution and Political Code of this state established and prescribed for other elections; and the same officers who prepare and furnish registers for general elections, as provided for in this code, shall prepare and furnish them for use at primary elections. It shall be the duty of the proper officers to furnish the register, and supplements thereto, for use at primary elections which shall show the names of all voters entitled to vote at such elections; provided, that, where a new registration pursuant to law is not completed in point of time sufficient to permit of its use at the next ensuing primary election, then the register used at the last general election in any county, or city and county, in this state, may be used at any primary election, together with supplemental registers or additions showing all additional registrations, changes and corrections made since the last general registration. En. Stats. 1899, 31.

g 1119. Primary elections. All persons entitled to register or vote at any primary election in any city, county, or city and county, whose names are not upon the register, or who may be entitled to transfer their registration, shall be entitled to be registered or transferred so as to enable them to yote at such primary election, and for that purpose it shall be the duty of the officer charged with the registration of voters in each county, or city and county, to keep his office open for at least fifty days prior to the fifteen days immediately preceding such primary election. En. Stats. 1899, 32.

Cal.Rep.Cit. 80, 541.

CHAPTER IV.

ELECTION PRECINCTS. $ 1127. Supervisors to establish election precincts. $ 1128. Boundaries must be defined.

1129. Board may alter, etc., precincts. $ 1130. Limitations on powers given herein. 1131.

Board to designate place in precinct for holding election. $1132. Proceedings where place not designated, etc.

$ 1127. Supervisors to establish election precincts. The board of supervisors or other board having charge and control of elections in each of the counties, and cities and counties, of this state, shall, as soon before a general · election as is convenient, proceed to divide such county or city and county into election precincts, of which there shall be as many as shall be sufficient to make the number of votes polled at any one election precinct to be not more than two hundred, as nearly as can be ascertained. En. March 12, 1872. Am'd. 1887, 234; 1889, 424.

Cal.Rep.Cit. 126, 394.

$1128. Boundaries must be defined. In the order establishing precincts, the boundaries thereof must be defined. En. March 12, 1872.

1129. Board may alter, etc., precincts. The board of supervisors or other board having charge and control of elections in each of the counties and cities and counties, of the state, may from time to time change the boundaries of, create new, or consolidate established precincts; provided, that there shall always be as many precincts as shall be sufficient to make the number of votes polled at any one precinct to be not more than two hundred as nearly as can be ascertained. En. March 12, 1872. Am'd. 1889, 424.

Cal.Rep.Cit. 126, 396; 126, 397 ; 133, 345.

1130. Limitations on powers given herein. The following limitations are imposed upon the powers given the supervisors in this chapter:

1. No precinct must be established so as to embrace more than one township, nor in such manner that its exterior limits cross the exterior boundaries of any township, incorporated town or city, or any ward, district, or other territorial subdivision for which local officers are to

Pol. Code-10

be elected, except a school or road district. En. March 12, 1872. Am'd. 1880, 80; 1899, 62.

Cal.Rep.Cit. 103, 502.

$ 1131. Board to designate place in precinct for holding election. The board of supervisors, or other board having charge and control of elections in each of the counties, and cities and counties, of the state, must, at least twenty-five days prior to an election, issue its order appointing boards of election, designating the house or place within the precinct where the election must be held, and the offices to be filled, naming and numbering in numerical order, commencing with 'number one, the offices to be filled, unexpired terms being designated next after the full term; but in no event shall any place be selected for holding an election that is in a saloon or other room or place where vinous, spirituous, or malt liquors are sold or dispensed, nor shall any place be selected for such purpose that is connected with a saloon or other room or place where vinous, spirituous, or malt liquors are sold or dispensed by any door, window, or other opening. En. March 12, 1872. Am'd. 1873-4, 21; 1889, 424; 1899, 133.

Cal.Rep.Cit. 86, 67.

Election proclamations.—Time and place of holding elections are of the substance of the election: Ante, sec. 1053

$ 1132. Proceedings where place not designated, etc. If the board fail to designate the house or place for holding the election in any precinct, or, if for any reason, it cannot be held at the house or place designated by the board, the justice of the peace residing in the township in which such precinct is situated must, by an order under his hand (copies of which he must at once post in three public places in the precinct), designate the house or place, within the precinct. In case of the absence of the justice of the peace, or of his disability or refusal to perform the duties herein imposed, then a majority of the judges and inspectors of election for said precinct shall designate the place, within the precinct, for holding the election and post the notices required by this section; provided, that in cities or cities and counties which are not divided into townships for judicial purposes, a majority of the justices of the peace residing in

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