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8 1308. Returns, how made. The clerk of each county, as soon as the statement of the vote of his county at such election is made out and entered on the records of the board of supervisors, must make a certified abstract of so much thereof as relates to the vote given for persons for electors of president and vice-president of the United States. En. March 12, 1872.

$ 1309. How transmitted. The clerk must seal up such abstract, indorse it "Presidential Election Returns," and without delay transmit it to the secretary of state by mail or in the manner hereinafter prescribed. En. March 12, 1872.

$ 1310. Messenger, when clerk may employ. If the county clerk of any county has reason to believe that the abstract will not, in the due course of mail, reach the secretary of state before the time fixed by law for canvassing the returns of such election, he may, with the approval of the superior judge, employ a person to convey and deliver such abstract to the secretary of state. En. March 12, 1872. Am'd. 1880, 21; 1880, 82.

$ 1311. Proof of necessity for and approval of appointment of messenger. In the event provided for in the preceding section, the clerk must make an affidavit, setting forth the reasons for his belief, and the name of the person employed by him, which affidavit, with the approval of the superior judge indorsed thereon, must be given to the person appointed, and by him, with the abstract, must be delivered to the secretary of state. En. March 12, 1872. Am'd. 1880, 82.

$ 1312. Compensation of messenger. The person appointed by the clerk, after he delivers the abstract and statement, is entitled to receive as compensation mileage at the rate of thirty cents a mile from the county seat to the seat of government. His account therefor, certified by the secretary of state, must be audited by the controller and paid out of the general fund in the state treasury. En. March 12, 1872.

$ 1313. Duties of secretary of state relative to returns. On the last Monday in the month of the election, or as soon as the returns have been received from all the counties in the state, if received before that time, the secretary of state must compare and estimate the votes given for electors, and certify to the governor the names of the proper number of persons having the highest number of votes. En. March 12, 1872.

$ 1314. Duty of governor. The governor must, upon the receipt of such certificate, transmit to each of such persons a certificate of election, and on or before the day of their meeting deliver to the electors a list of the names of electors, and must do all other things required of him in the premises by any act of congress in force at the time. En. March 12, 1872.

$ 1315. Meeting of electors. The electors chosen must assemble at the seat of government on the second Monday in January next following their election, at two o'clock in the afternoon. En. March 12, 1872. Am'd. 1889, 1.

$ 1316. Vacancies in, how supplied. In case of the death or absence of any elector chosen, or in case the number of electors from any cause be deficient, the electors then present must elect, from the citizens of the state, so many persons as will supply such deficiency. En. March 12, 1872.

$ 1317. Voting by electors, and returns. The electors, when convened, must vote by ballot for one person for president and one person for vice-president of the United States, one of whom, at least, is not an inhabitant of this state. En. March 12, 1872.

Casting electoral vote: Art. XII of amdts. to Const. U. S.

$ 1318. Separate ballots for president and vice-president. They must name in their ballots the persons voted for as president, and in distinct ballots the persons voted for as vice-president. En. March 12, 1872.

$ 1319. Must make lists of persons voted for. They must make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes given for each. En. March 12, 1872.

§ 1320. Result to be transmitted to the president of the United States senate. They must certify, seal up, and

transmit by mail such lists to the seat of government of the United States, directed to the president of the senate. En. March 12, 1872.

8 1321. Compensation of electors. Electors receive the same pay and mileage as is allowed to members of the assembly. En. March 12, 1872.

Pay and mileage allowed to members of assembly: See ante, sec. 266.

$ 1322. How audited and paid. Their accounts therefor, certified by the secretary of state, must be audited by the controller, who must draw his warrants for the same on the treasurer, payable out of the general fund. En. March 12, 1872.

CHAPTER XIII.
ELECTIONS FOR MEMBERS OF CONGRESS.
Election for Senators, $$ 1332, 1333.
Election for Representatives, $$ 1343-1347.

Article I.

II.

ARTICLE I.

$ 1332. $ 1333.

ELECTION FOR SENATORS.
Elections for full terms.
Elections to fill vacancies.

$ 1332. Elections for full terms. Elections for senators in congress for full terms must be held at the regular session of the legislature next preceding the commencement of the term to be filled. En. March 12, 1872.

Elections for senators and representatives, by whom prescribed: Const. U. S., art. I, sec. 4.

$ 1333. Elections to fill vacancies. Elections to fill a vacancy in the term of a United States senator must be held at the session of the legislature next succeeding the occurrence of such vacancy. En. March 12, 1872.

Vacancy during recess of legislature temporarily filled by executive of state: Const. U. S., art. I, sec. 3.

ARTICLE II.

$ 1343.

1344. $ 1345. $ 1346. $ 1347.

ELECTIONS FOR REPRESENTATIVES.
When held.
Returns, how made.
How transmitted.
Duty of secretary of state relative to.
Certificates issued by governor.

$ 1343. When held. At the general election to be held in the year eighteen hundred and eighty, and at the gen. eral election every two years thereafter, there must be elected, for each congressional district, one representative to the congress of the United States. En. March 12, 1872. Am'd. 1880, 82.

$ 1344. Returns, how made. The clerk of each county, as soon as the statement of the vote of his county at such election is made out and entered on the records of the board of supervisors, must make a certified abstract of so much thereof as relates to the vote given for persons for representatives to congress. En. March 12, 1872.

Cal.Rep.Cit. 52, 9; 52, 15; 52, 32; 132, 285.

$ 1345. How transmitted. The clerk must seal up such abstract, indorse it “Congressional Election Returns," and without delay transmit it by mail to the secretary of state. En. March 12, 1872.

Cal.Rep.Cit. 52, 10; 52, 15.

$ 1346. Duty of secretary of state relative to. On the sixtieth day after the day of election, or as soon as the returns have been received from the counties of the state, comprising any one district, if received within that time, the secretary of state must compare and estimate the votes given or cast for such representatives, and certify to the governor the person having the highest number of votes in each congressional district as duly elected. En. March 12, 1872. Am'd. 1901, 294.

Cal.Rep.Cit. 52, 7; 52, 10; 132, 285.

8 1347. Certificate issued by governor. The governor must, upon the receipt of such certificate, transmit to each of such persons a certificate of his election, sealed with the great seal and attested by the secretary of state. En. March 12, 1872.

CHAPTER XIV.

PRIMARY ELECTIONS. § 1357. Delegates to be elected at primary elections. § 1358. Terms as used in this chapter defined. $ 1359. To be conducted as other elections. 8 1360. Under what control-Expenses-Returns. $ 1361. Parties entitled to designation upon official ballot-Petitions. $ 1362. When shall be held. $ 1363. Secretary of state to transmit copies of petitions-Apportion

ment of delegates-Notice. $ 1364. Election officers-Precincts. 8 1365. Ballots. $ 1366. Qualifications and registration of voters. $ 1367. Manner of voting-Challenge. § 1368. Legality of conventions. $ 1369. List of delegates holding credentials. $ 1370. Penalty for failure to act as primary officer. $ 1371. Election commissioners, who may act. § 1372. This chapter, where mandatory and where optional. $ 1373. Presidential primary in May. $ 1374. Ballots, preservation of-Contests. $ 1375. Vacancies, additional vote. $ 1376. Registration of voters. (Repealed.) $ 1377. Delegates, election of. (Repealed.) $ 1378. Delegates, lists and credentials. (Repealed.) $ 1379. Offenses against. (Repealed.) $ 1380. Proceedings where no board of election commissioners,

(Repealed.)

$ 1357. Delegates to be elected at primary elections. All delegates elected under the provisions of this chapter to conventions of political parties for the purpose of making nominations of candidates for public office within this state shall be elected at elections to be known and desig. nated as primary elections, and conducted at the time and place, and under the regulations in this chapter here. inafter specified, and not otherwise. En. March 12, 1872. Am'd. 1873-4, 74. Rep. 1899, 56; 1901, 606. En. Stats. 1901, 606.

$ 1358. Terms as used in this chapter defined. A convention to nominate candidates for public office to be voted for by the electors of the entire state will be hereinafter in this chapter designated as a state convention, and a primary election for the election of delegates to such convention will be hereinafter in this chapter designated as a state primary. Conventions to nominate candidates for representatives in congress, and members of the board of equalization, or railroad commissioners, or for senators and assemblymen, or judges of the superior court, from districts including more than one county, will be herein

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