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after in this chapter designated as district conventions, and a primary election to elect delegates to such conventions will be hereinafter in this chapter designated as a district primary. Conventions to nominate candidates for county, or city and county officers, judges of the superior court, or justices of the peace in any city and county, and members of the senate and assembly representing districts wholly within one county or city ard county, supervisors and all township officers, will be nereinafter in this chapter designated as local conventions, and a primary election to elect delegates to such conventions will be hereinafter in this chapter designated as a local pri. mary. A convention to nominate candidates for city or town officers will be hereinafter in this chapter designated as a city convention, and a primary election to elect delegates to such conventions will be hereinafter in this chapter designated as a city primary. En. March 12, 1872. Rep. 1899, 56; 1901, 606. En. Stats. 1901, 606.
$ 1359. To be conducted as other elections. Elections herein provided for and known and designated as primary elections shall be conducted, managed, and controlled as to selection of precinct officers, their powers and duties, publication of notices, use of original affidavits of registration, indexes, and supplements thereto, challenging of voters, voting booths, printing and use of the ballots, cards of instruction, ascertainment of results, time for opening and closing of the polis, and all other details, in the same manner, and subject to the same regulations as are elections for state, district, county, city and county, city, town, and local officers as far as applicable, except as otherwise provided in this chapter; provided, that sample ballots shall not be printed or distributed, and that there shall be but one ballot box at each polling place; also, provided, that there shall be printed for each primary election precinct only as many ballots for each participating political party as there are names appearing on the register, indexes or supplements thereto as persons entitled to vote thereat; also, provided, that the compensation which shall be allowed to each primary precinct election officer shall not exceed four dollars per day, and it shall be the duty of every person so chosen to act as such primary precinct election officer at such primary election to perform the services required of him in such capacity. That the primary precinct election officers shall be an inspector, two judges, two clerks, and one ballot clerk, for each primary election precinct, who must have been registered electors thereof for at least thirty days prior to their appointment; provided, that the same person shall not, without his consent, be compelled to serve as such primary precinct election officer more than once in every two years. En. March 12, 1872. Rep. 1899, 56; 1901, 606. En. Stats. 1901, 607. Am'd. 1903, 118.
$ 1360. Under what control-Expenses-Returns. All state, district, and local primaries, held under the provisions of this chapter, shall be under the control of the board of election commissioners of each county, or city and county, respectively, and shall be a county, or city and county charge, respectively, and the expense of conducting city primaries shall be a city or town charge, and under the control of the city council, trustees, or governing body of any city or town; provided, that no expense of holding any convention shall be a public charge; and provided further, that all necessary expenses incurred by the secretary of state under this chapter shall be a state charge, and payable out of the general fund. The boards of supervisors of counties, and of any city and county, and the city council or board of trustees, or other governing body of any city or town, shall appropriate from the general funds of the county, city, city and county, city or town, as the case may be, sufficient sums of money to pay the necessary expenses of conducting the primary elections herein specified, and it shall be the duty of the proper officers to pay such expenses where the same are either a county, city and county, or city or town charge, respectively. The board of election commissioners of any county, or city and county, and the city councils or boards of trustees of cities and towns, as to all elections for delegates to conventions held under their control as the case may be, under the provisions of this chapter, shall forth with, after any such election, canvass the returns and shall, within three days, issue to the persons elected as delegates to the respective party conventions certificates stating such fact, and thereupon such persons shall constitute the delegates of the party, and sball be entitled to sit and act in the respective party conventions to which they are elected. En. March 12, 1872. Rep. 1899, 56; 1901, 606. En. Stats. 1901, 607.
$ 1361. Parties entitled to designation upon official bal. Jot-Petitions. All political parties which, at the last election prior to any ensuing primary election herein provided for, polled at least three per cent of the entire vote of the state, county, district, .city and county, city or town, or other political division for which a primary election is to be held under the provisions of this chapter, or which, in the case of any county, city and county, township, city or district wherein no general election shall have been held after its organization, shall have polled at least three per cent of the votes cast in the precincts composing such county, city and county, township, city or district, shall be entitled to a designation and place upon the official ballot to be used in all elections for delegates under this chapter, upon complying with the provisions of this seclion. All other political organizations which shall file with the proper officer or board of election commissioners the petition required in such behalf by the provisions of this chapter shall be entitled to participate in such primary election. Where a state or district convention is to be held, the governing committee of any political party for such territory shall, at least forty days prior to the dates of the state or district primary, file with the secretary of state, a writing, designated in this chapter as a petition, authenticated by the chairman and secretary, or other governing officers of such party state or district committee, setting forth the name of such party, that such writing is authenticated by the proper officers of the party committee, that it is the intention of such party to hold a state or district convention or conventions, for the purpose of making a nomination or nominations of candidates for public offices to be voted for at the next ensuing general election, or at any special election within the same territory which may be called within two years after the primary election, for the purpose of filling any vacancy in any public office for which such convention is entitled to make nominations, and requesting that a place be given to it upon the official primary election ballot where such primary election is to be held under the provisions of this chapter. Where a state convention is to be held, the respective petitions as filed shall provide that the same
delegates composing the state convention, who reside within the respective railroad commissioner districts and state equalization districts, shall be the delegates to the respective conventions to nominate candidates for railroad commissioners, and for members of the state board of equalization. And the petitions filed by congressional district committees, where there are such committees, shall state whether the delegates elected to a state convention, within such congressional district, shall be the delegates empowered to nominate a candidate for congress in such district, or whether separate delegates shall be selected in such congressional district for that purpose. And petitions filed by senatorial or assembly district committees, from districts including more than county, where there are such district committees, shall state whether the same delegates to the state convention residing within such district shall nominate the candidate for senator or assemblyman in such district, or whether separate delegates shall be elected in such district for that purpose. And unless there shall be such district petitions providing for such separate delegates in the cases aforesaid, such district candidates for congress, state senator, or assemblyman shall be nominated by the delegates to the state convention who come from and reside within such respective districts. Such petition must further state the number of delegates who will compose the convention, and specify the basis of the apportionment upon which they are to be elected. Such petition may either make such apportionment in detail, or may leave such apportionment in detail to the party committees of the respective counties, or of any city and county in this state; provided, however, that any apportionment made in accordance with the provisions of this chapter must be made on the same basis for each subdivision, and must not be to, or the election by, territory not included in the same assembly district; nor such as to allow voters in different counties to vote for the same delegate or delegates; such petition must be duly verified as to the truth of such matters by the chairman or secretary, or a governing officer of such party, before an officer authorized to administer an oath in this state. If the petition be by a political organization which has not previously polled three per cent of the vote as heretofore mentioned and specified in this section, then and in that event such petition must be signed by the electors residing within the state, district, or political division, for which candidates are to be presented, equal in number to at least three per cent of the entire vote cast at the last preceding election in the state, district, or political division, for which nominations are to be made, and must be verified as required by section eleven hundred and eighty-eight of the Political Code. Such signatures need not all be appended to one
paper, but shall have added thereto the address as re- quired by the last-named section. Such petition may also
contain the names of any committee of said organization and of the officers of such committee for the territory to which said petition relates, with the address of such offcers. Where local conventions are to be held such petitions must be authenticated in the same manner as above provided for state or district conventions by the governing officers or committee of the party for the county, city, or city and county, or by signers to a verified petition as hereinbefore specified, and must set forth the same things as hereinbefore required in a petition for participation in a state or district primary election. Such last-named petition must further specify whether or not the same delegates are to serve in the local convention, and also in subdivisions of such local conventions, for the purpose of nominating state senators, members of the assembly, judges of the superior court, supervisors or other township and local officers, or whether different sets of delegates are to be elected to such local conventions, and must specify in detail the apportionment of delegates, whether by assembly districts, or by wards, or by primary election precincts, or combinations thereof not to exceed an assembly district, for each proposed convention, and the basis of aportionment shall be the same as hereinbefore provided; provided, however, that only such delegates as have been elected from any senatorial or assembly district shall make the nomination of senator or assemblyman from such district, respectively. If the apportionment last mentioned is not contained in any petition filed, then such apportionment shall be made by the board of election commissioners with whom the petition is filed before the publication provided for in section thirteen hundred and sixty-three of this code. Such last-named petition for