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such city or city and county, shall discharge the duties imposed by this section. En. March 12, 1872. Am’d. 18734, 21; 1903, 18.

CHAPTER V.

BOARDS OF ELECTION. $ 1142. Boards of election, how appointed. $ 1143. Judges not to be of same political party. $ 1144. Proceedings on failure to appoint or attend.

1145. Powers of inspectors.

1146. Judges and clerks may administer oaths. $ 1147. Clerks. (Repealed.) $ 1148. Board and clerks to be sworn. $ 1149. Board to post copies of great register. $ 1150. Copies not to be torn or defaced.

$ 1142. Boards of election, how appointed. When an election is ordered, 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 appoint officers of election board from the registered electors of each precinct whose names appear upon the last assessment roll of the county or city and county to serve as election officers only in the election precinct in which they are registered and actually reside to constitute the election board for such precinct, which shall consist of two inspectors, two judges, and two clerks; the inspectors, judges and clerks to be apportioned equally between the two political parties which, respectively, cast the highest and next highest number of votes for governor at the last general election; the inspectors and judges so appointed shall constitute a board of election for such precinct. And such board of supervisors or other board having charge of elections must publish the names of such electors who constitute the board of elections for each election precinct, in some newspaper published in the county or city and county where the election is to be held for five successive days at least one week before the day such election is to be held; or in a weekly paper published in the county, for two successive weeks prior to the election. Such board of election shall canvass the votes for such precinct, and must be present at the closing of the polls. The members of said board shall relieve each other in the duties of canvassing the ballots, which may be conducted by at least half of the whole number; but the final certificate shall be signed by a

or

as

majority of the whole. No person shall be eligible to act as an officer of election at any precinct who has been employed in any official capacity in the county, or city and county, in the state, within ninety days next preceding any election. No person shall be eligible to act as a member of any election board, or as a clerk upon such® board, who cannot read and write the English language. Any person acting as a member of any election board,

a clerk upon such board, who cannot read and write the English language, and any person who refuses to act upon such board, or as a clerk thereof, after proper notification of his appointment, who is otherwise eligible, unless good and sufficient cause for such refusal is shown to the election board or to the board of supervisors, shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of five hundred dollars, and upon failure to pay said fine shall be imprisoned in the county jail of such county, or city and county, for the period of one day for each one dollar of said fine. En. March 12, 1872. Am'd. 1873-4, 21; 1889, 425; 1895, 298; 1899, 85; 1903, 133. Cal.Rep.Cit. 86, 65; 86, 66; 86, 67; 86, 68; 86, 69;

116, 290. $ 1143. Judges not to be of same political party. The judges appointed must not be members of the same political party. En. March 12, 1872.

$ 1144. Proceedings on failure to appoint or attend. If the board of supervisors fail to appoint the board of election, or the members appointed do not attend at the opening of the polls on the morning of the election, the electors of the precinct present at that hour may appoint the board, or supply the place of an absent member thereof. En. March 12, 1872. Am'd. 1873-4, 22.

$ 1145. Powers of inspectors. The inspector may:

1. Administer all oaths required in the progress of an election,

2. Appoint judges and clerks if, during the progress of an election, any judge or clerk ceases to act. En. March 12, 1872. Am'd. 1889, 425.

$ 1146. Judges and clerks may administer oaths. Any member of the board, or either clerk thereof, may admin

ister and certify oaths required to be administered during progress of an election. En. March 12, 1872.

$ 1147. Clerks. (Repealed.) En. March 12, 1872. Am'd. 1880, 80. Rep. 1889, 425.

$ 1148. Board and clerks to be sworn. Before opening the polls, each member of the board and each clerk must take and subscribe an oath to faithfully perform the duties imposed upon them by law. Any elector of the township may administer and certify such oath. En. March 12, 1872.

§ 1149. Board to post copies of great register. Before opening the polls, the board must post in some separate convenient places, easy of access, not less than four printed copies of the great register of the county, as last printed, except in the city and county of San Francisco, wherein not less than four printed copies of the register of the ward shall be so posted. En. March 12, 1872. Am'd. 1873-4, 22.

1150. Copies not to be torn or defaced. The copies so posted must be maintained during the whole time of voting, and must not in any manner be torn or defaced. En. March 12, 1872.

CHAPTER VI.

1160.

1161. $ 1162.

1163. 1164.

OPENING AND CLOSING OF THE POLLS.
Time of opening and closing the polls.
Recess. (Repealed.)
Ballot-box to be exhibited.
Proclamation at opening the polls.
Proclamation at closing the polls.

$ 1160. Time of opening and closing the polls. The polls must be opened at six o'clock of the morning of the day of election, and must be kept open until five o'clock in the afternoon of the same day, when the polls shall be closed. En. March 12, 1872. Am'd. 1873-4, 22; 1875-6, 25; 1887, 149; 1889, 425; 1899, 134.

Cal.Rep.Cit. 52, 73; 52, 621; 108, 111; 121, 480; 135, 454.

$ 1161. Recess. (Repealed.) En. March 12, 1872. Rep. 1873-4, 23.

$ 1162. Ballot-box to be exhibited. Before receiving any ballots the board must, in the presence of any persons assembled at the polling place, open and exhibit and close the ballot-box; and thereafter it must not be removed from the polling place or presence of the bystanders until all the ballots are counted, nor must it be opened until after the polls are finally closed. En. March 12, 1872.

Cal.Rep.Cit. 108, 111.

$ 1163. Proclamation at opening the polls. Before the board receive any ballots, they must cause it to be proclaimed aloud at the place of election that the polls are open. En. March 12, 1872.

$ 1164. Proclamation at closing the polls. When the polls are closed, that fact must be proclaimed aloud at the place of election; and after such proclamation, no ballots must be received; provided, that all electors, who are within the election booth and who have not cast their ballot, shall be entitled to receive, mark and deposit their ballot. En. March 12, 1872. Am'd. 1899, 134.

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$ 1174. Form of poll and tally lists. The following is the form of poll lists and tally lists to be kept by boards and clerks of election. En. March 12, 1872. Am'd. 1873-4, 23.

POLL LISTS. of the election held in the precinct of

in the county of a on the

day of

in the year A. D. one thousand eight hundred and

A. B., C.D., and E. F., judges, and G. H. and J. K., clerks of said election, were respectively sworn (or affirmed), as the law directs, previous to their entering on the duties of their respective offices.

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We hereby certify that the numbers of electors voting at
this election amounts to
Attest:
G. H.,

A. B.,
J. K.,

C. D.,
Clerks.

Board of election.

E. F.,

TALLY LISTS. Names of persons voted for, and for what office, cogtaining the number of votes given for each candidate:

Members of

the Legislature.

Governor.

Representative

in Congress.

Senate.

Assembly.

We hereby certify that A. B. had votes for governor, and C. D. had

votes for governor; that E. F. had

votes for representative in congress, etc.
G. H.,

A. B.,
J. K.,

C. D.,
Clerks.

E. F.,
Board of election.

$1175. Want of form not to vitiate. No list, tally, paper, or certificate returned from any election, must be set aside or rejected for want of form, nor on account of

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