folded together were cast by one elector, they must be rejected. En. March 12, 1872. Am'd. 1873-4, 29. § 1255. Same. The ballots must be immediately replaced in the box, and if the ballots in the box exceed in number the names on the lists, one of the judges must publicly, and without looking in the box, draw out therefrom singly, and destroy, unopened, a number of ballots equal to such excess; and the board of election must make a record, upon the poll list, of the number of ballots so drawn and destroyed. In the city and county of San Francisco the numbers appearing on the backs of the ballots so drawn must likewise be recorded. En. March 12, 1872. Am'd. 1873-4, 29. § 1256. Same. The number of ballots agreeing or being thus made to agree with the number of names on the lists, the lists must be signed by the members of the board and attested by the clerks, and the number of names thereon must be set down in words and figures at the foot of each list, and over the signatures of the judges and the attestation of the clerks, substantially in the form prescribed in section 1174. En. March 12, 1872. § 1257. Counting the votes. After the lists are thus signed, the board must proceed to open the ballots, and count and ascertain the number of votes cast for each person voted for. At all elections where a general ticket and a municipal ticket are used, the canvass of the general ticket shall be completed before the canvass of the municipal ticket is commenced. All ballots rejected for illegality must be indorsed upon the ballot the cause of such rejection and signed by a majority of the election board, and thereafter strung upon a string. En. March 12, 1872. Am'd. 1889, 109; 1891, 176; 1893, 308; 1899, 140. § 1258. Tallies. Each clerk must write down each office to be filled, and the name of each person marked in each ballot as voted for to fill such office, and keep the number of votes by tallies, as they are read aloud. Such tallies must be made with pen and ink, and immediately upon the completion of the tallies the clerks who respectively complete the same must draw two heavy lines in ink from the last tally mark to the end of the line in which such tallies terminate, and also write the initials of the person making the last tally in such line. March 12, 1872. Am'd. 1889, 110; 1891, 177; 1895, 303. Cal.Rep.Cit. 136, 400. En. § 1259. Tickets to be strung and inclosed in sealed envelopes. The ballot, as soon as the names marked on it as voted for are read and verified, must be strung on a string by one of the judges and must not thereafter be examined by any person, but must, as soon as all are counted, be carefully sealed in a strong envelope, each member of the board writing his name across the seal. En. March 12, 1872. Am'd. 1889, 11; 1891, 177; 1899, 141. Cal. Rep.Cit. 67, 306; 97, 86. 1260. Return list. As soon as all the votes are counted and the tickets sealed up, lists must be attached to the tally lists, containing the names of persons voted for and for what office, and the number of votes given for each candidate, the number being written at full length, and such lists must be signed by the members of the board, and attested by the clerks, substantially in the form in section 1174 given. En. March 12, 1872. § 1261. Certain papers to be sealed up. The board must, before it adjourns, inclose in a cover, and seal up and direct to the county clerk, the copy of the register upon which one of the judges marked the word "voted" as the ballots were received, all certificates of registration received by it, one of the lists of the persons challenged, one copy of the list of voters, and one of the tally lists and list attached thereto. The board must also, before it adjourns, post conspicuously, on the outside of the polling place, a copy of the result of the votes cast at such polling place; such copy of the result must be signed by the members of the board, and attested by the clerks. The board must also immediately transmit unsealed to the county clerk a copy of the result of the votes cast at such polling place, which copy must be signed by the members of the board, and which copy shall be open to the inspection of the public. It shall be a misdemeanor for any person to remove or deface such posted copy of the result or to delay or change the copy to be delivered to the county clerk. En. March 12, 1872. Am'd. 1873-4, 29; 1899, 63; 1899, 83; 1901, 5. Cal.Rep.Cit. 132, 284. Pol. Code-12 § 1262. Inspector to keep certain papers. The inspector must retain, open to the inspection of all electors, for at least six months, the other list of voters, tally list, and list attached thereto. En. March 12, 1872. Am'd. 1873-4, 30. Cal.Rep.Cit. 132, 284. § 1263. Returns and ballots to be delivered to a member of the board. The sealed packages containing the register, lists, papers, and ballots, must, before the board adjourns, be delivered to one of its number, to be determined by lot, unless otherwise agreed upon. En. March 12, 1872. Cal.Rep.Cit. 132, 284. § 1264. To whom ballots to be delivered. The member to whom such packages are delivered must, without delay, deliver such packages, without their having been opened, to the county clerk, nearest postmaster, or sworn express agent, who shall indorse on such package the name of the party delivering them, and date of such delivery. If delivered to a postmaster or express agent, such postmaster or express agent shall forward the packages by the first mail or express to the county seat. In the city and county of San Francisco such packages must be delivered to the county clerk within three hours from the time of adjournment of the board, which time of adjournment must be indorsed upon such package and upon each poll list, in ink, and signed by a majority of the members of such board. In the city and county of San Francisco the packages must be put up and sealed in the following manner, by an inspector and at least three others of the board, and be signed with their respective signatures, across the same, written: One package to contain the ballots only; one package to contain one tally list and list attached, only; one package to contain the ward register and certificates of registration issued by the county clerk after making up the ward register, and received at the polls. En. March 12, 1872. Am'd. 1873-4, 30; 1893, 308. $1265. Clerk to keep ballots unopened. On receipt of the packages the clerk must file the one containing ballots and must keep it unopened and unaltered for twelve months, after which time, if there is not a contest commenced in some tribunal having jurisdiction about such election, he must burn the package without opening or examining its contents; provided however, that after the time limited for a contest, and in the event any contests have been commenced, then after said ballots have been opened and counted by the superior court in said contests, a judge of the superior court of the county wherein said ballots were voted may order said packages to be opened for inspection in any case being tried in his court where he has jurisdiction of the same, whenever he shall deem it necessary to inspect the ballots contained in said packages in order to produce testimony to establish the proof of any material issue of fact arising in the course of the trial of said case. In no event shall the said packages, or any of them, or the ballots contained therein, be taken from the custody of the county clerk. Whenever said packages, or any of them, shall have been inspected and examined, and a record made of the testimony therein contained, the same shall be restored to the exclusive control and custody of the county clerk, who shall reseal the packages with the ballots contained therein, and keep the same until he shall burn them, in accordance with the direction of this section; provided further, that if in any congressional district within this state there has been or shall be filed a contest of the election of any person declared to have been elected a member of congress, and the county clerk or registrar of voters in any county or city and county be notified by the contestant, that such congressional election contest is pending, then and in that case such county clerk or registrar of voters shall not destroy the ballots in that county or city and county, or in the part or portion thereof within such congressional district in which such contest is pending, until the final determination of such contest before the house of representatives of the congress of the United States; and such county clerk or registrar of voters shall hold such ballots in his custody subject to the inspection of any committee of the house of representatives or sub-committee thereof, having in charge the investigation of such contest, and shall produce such ballots for examination before any such committee of the house of representatives or subcommittee or before any commissioner designated by . such congressional committee or sub-committee or before any officer designated by act of congress and duly selected to take depositions and proof in any such contest of the election of any person to congress. En. March 12, 1872. Am'd. 1893, 309; 1903, 42. Cal.Rep.Cit. 80, 361; 97, 86. · Contest: See Code Civ. Proc., secs. 1111-1127. § 1266. When package containing ballots may be destroyed. If within twelve months there is such a contest commenced, he must keep the package unopened and unaltered until it is finally determined, when he must, as provided in the preceding section, destroy it, unless such package is, by virtue of an order of the tribunal in which the contest is pending, brought and opened before it, to the end that evidence may be had of its contents, in which event the package and contents are in the custody of such tribunal. En. March 12, 1872. Cal.Rep. Cit. 67, 306; 80, 361; 97, 86; 97, 89; 111, 423. 1267. Returns to be delivered by clerk to supervisors. The other package the clerk must produce before the board of supervisors, when it is in session for the purpose of canvassing returns. En. March 12, 1872. Canvassing returns: See post, secs. 1278-1280. $1268. Copy of register to be filed in county clerk's office. As soon as the returns are canvassed the clerk must take the copy of the register returned and file it in his office. En. March 12, 1872. Cal. Rep.Cit. 111, 131; 132, 284. CHAPTER XI. CANVASS OF RETURNS-DECLARATION OF RESULT-COMMISSIONS AND CERTIFICATES OF ELECTION. |