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$ 1290. Duty of secretary of state relative to. Š 1291. Commissions issued by governor. $ 1292. Returns of election for governor and lieutenant-governor,

how made. $ 1293. How transmitted.

1294. Same. $ 1295. Same. $ 1296. Canvass of returns of election for governor and lieutenant

governor. $ 1297. Defects in form of returns, when to be disregarded.

$ 1278. Meeting of supervisors to canvass returns. The board of supervisors of each county must meet, at their usual place of meeting, on the first Monday after each election, to canvass the returns. En. March 12, 1872. Am'd. 1887, 119.

Cal.Rep.Cit. 52, 9; 52, 21; 111, 131 ; 132, 284.

$ 1279. Same. (Repealed.) En. March 12, 1872. Rep.' 1887, 119.

Cal.Rep.Cit. 52, 21.

$ 1280. Same. If at the time of meeting, the returns from each precinct in the county in which polls were opened have been received, the board must then and there proceed to canvass the returns; but if all the returns have not been received the canvass must be postponed from day to day until all the returns are received, or until six postponements have been had. En. March 12, 1872. Cal.Rep.Cit. 52, 9; 52, 21; 111, 131; 132, 284; 132, 285.

$ 1281. Canvass, how made. The canvass must be made in public, and by opening the returns and estimating the vote of such county or township for each person voted for, and for and against each proposition voted upon at such election, and declaring the result thereof; and such count must be continued daily, Sundays and holidays excepted, and for not less than six (6) hours each and every day until completed. En. March 12, 1872. Am'd. 1899, 66.

Cal.Rep.Cit. 52, 4; 52, 9; 52, 21; 111, 131.

$ 1282. Statement of result to be entered of record. The clerk of the board must, as soon as the result is declared, enter on the records of such board a statement of such result, which statement must show:

1. The whole number of votes cast in the county;

2. The names of the persons voted for, and the propositions voted upon;

3. The office to fill which each person was voted for;

4. The number of votes given at each precinct to each of such persons, and for and against each of such propositions;

5. The number of votes given in the county to each of such persons, and for and against each of such propositions voted upon. En. March 12, 1872.

Cal.Rep.Cit. 52, 9; 52, 21; 111, 130; 132, 285.

8 1283. Declaration of result. The board must declare elected the person having the highest number of votes given for each office to be filled by the votes of a single county or subdivision thereof. En. March 12, 1872.

Cal.Rep.Cit. 85, 512.

Irregularities or defect or informality in return: Post, sec. 1297.

§ 1284. Certificates issued by clerk. The county clerk must immediately make out and deliver to such person (except to the person elected superior judge) a certificate of election signed by him, and authenticated with the seal of the superior court. En. March 12, 1872. Am'd. 1880, 20; 1880, 82.

Cal.Rep. Cit. 85, 512; 127, 350.

$ 1285. District returns, how made up. When there are officers, other than representatives in congress, members of the state board of equalization, and railroad commissioners voted for, who are chosen by the electors of a district composed of two or more counties, each of the county clerks of the counties composing such district, immediately after making out the statement specified in section twelve hundred and eighty-two, must make a certified abstract of so much thereof as relates to the election of such officers. En. March 12, 1872. Am'd. 1880, 82.

$ 1286. How transmitted. The clerk must seal up such abstract, indorse it "Election Returns," and, without delay, transmit the same by mail to the county clerk of the county which stands first in alphabetical arrangement in the list of counties composing such district. En. March 12, 1872.

$ 1287. Duty of clerks receiving district returns. The clerk to whom the election returns of a district are made, must, on the twentieth day after such election, or sooner, if returns from all the counties in the district have been received, open in public such returns, and from them and

the statement of the vote for such officers in his own county:

1. Make a statement of the vote of the district for such officers, and file the same, together with the returns, in his office;

2. Transmit a certified copy of such statement to the secretary of state;

3. Make out and deliver, or transmit by mail, to the persons elected a certificate of election (unless it is by law otherwise provided). En. March 12, 1872.

§ 1288. State returns, how made. When there has been a general or special election for officers chosen by the electors of the state at large, or for judicial officers (except justices of the peace), or for members of the state board of equalization, or for railroad commissioners, or for senators and members of the assembly, each county clerk, so soon as the statement of the vote of his county is made out and entered upon the records of the board of supervisors, must make out a certified abstract of so much thereof as relates to the votes given or cast for persons for said offices to be filled at such election. Whenever there is a general or special election held within this state, and any proposed constitutional amendment or proposition to be voted for by the electors of the state at large, each county clerk, so soon as the statement of the vote is made out and entered upon the record of the board of supervisors, must make out a certified abstract of such vote. En. March 12, 1872. Am'd. 1880, 82; 1901, 289.

Cal. Rep.Cit. 52, 5; 52, 6; 52, 7; 52, 22; 52, 25.

1289. How transmitted. The clerk must seal up such abstract, indorse it "Election Returns," and without delay transmit it by mail to the secretary of state. En. March 12, 1872.

Cal.Rep.Cit. 52, 22.

$ 1290. Duty of secretary of state relative to. On the fortieth day after the day of election, or so soon as the ieturns have been received from all the counties of the state, if received within that time (except in this code otherwise provided), the secretary of state must compare and estimate the vote, and make out and file in his office a statement thereof, and transmit a copy of such statement to the governor, except in the cases of senators and members of the assembly. En. March 12, 1872. Am'd. 1880, 82; 1901, 294.

Cal.Rep.Cit. 85, 512.

$ 1291. Commissions issued by governor. Upon receipt of such copy, the governor must issue commissions to the persons who from it appear to have received the highest number of votes for offices, except that of governor or lieutenant-governor, to be filled at such election. En. March 12, 1872.

Cal.Rep.Cit. 85, 512; 138, 36.

Except that of governor and lieutenant-governor: See post, secs. 1292 et seq.

§ 1292. Returns of election for governor and lieutenant. governor, how made. When an election has been held to fill the office of governor or lieutenant-governor, the clerk of each county, in addition to the abstract made for transmission to the secretary of state, must, as soon as the statement of the vote of his county is made out and entered upon the records of the board of supervisors, make two certified abstracts of so much thereof as relates to the vote given for such officers. En. March 12, 1872.

Election for governor and lieutenant-governor: Const. Cal., art. V, secs. 2, 15.

$ 1293. How transmitted. The clerk must seal up each abstract separately, and indorse thereon “Election Returns for Governor and Lieutenant-Governor." En. March 12, 1872.

Returns to be sealed: Const. Cal., art. V, sec. 4. $ 1294. Same. He must at once direct one copy to The Speaker of the Assembly next to meet,” address it to Sacramento, California, and deposit it, postpaid, in the postoffice. En. March 12, 1872.

Returns to be directed to speaker of assembly: Const. Cal., art. V, sec. 4.

$ 1295. Same. The other copy he must direct and address in the same manner, and at once deliver it to a member elect of the legislature, or to a senator who lolds over; and the person to whom it is so de ered must deliver it to the speaker on or before the second day next after his election. En. March 12, 1872.

$ 1296. Canvass of returns of election for governor and lieutenant-governor. The returns of election for governor and lieutenant-governor must, during the first week of the session, be opened, canvassed, and the result declared by the speaker of the assembly in presence of both wouses. En. March 12, 1872.

Returns to be opened and published in presence or both houses of legislature: Const. Cal., art. V, sec. 4.

8 1297. Defects in form of returns, when to be disre. garded. No declaration of the result, commission, or certificate must be withoeld on account of any defect or informality in the return of any election, if it can with reasonable certainty be ascertained from such return what office is intended and who is elected thereto. En. March 12, 1872.

CHAPTER XII. ELECTION FOR ELECTORS OF PRESIDENT AND VICE-PRESI

DENT. $ 1307. Electors, when chosen. $ 1308. Returns, how made.

1309. How transmitted. $ 1310. Messenger, when clerk may employ. $ 1311. Proof of necessity for and approval of appointment of mes

senger. 1312. Compensation of messenger. $ 1313. Duties of secretary of state relative to returns. $ 1314. Duty of governor. (1315. Meeting of electors. 1316. Vacancies in, how supplied. 1317. Voting by electors, and returns. 1318. Separate ballots for president and vice-president.

1319. Must make lists of persons voted for. $1320. Result to be transmitted to the president of the United

States senate. 1321. Compensation of electors. 1322. How audited and paid.

$ 1307. Electors, when chosen. At the general election in each bisextile or leap year, unless by the laws of the United States another time is fixed, and then at such time there must be chosen by the qualified voters of the state, as many electors of president and vice-president of the United States as the state is then entitled to. En. March 12, 1872.

Choosing presidential electors: Const. U. S., art. II, sec. 1, and amend. 12.

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