of a board of election commissioners, where there is no such board in any city or county, are enjoined upon, and shall be performed by, the clerk of a city, or by a county clerk, as the case may be, as fully and with equal force and effect as if specifically set forth in this act.

SEC. 32. Any act denounced as an offense by the general laws concerning elections of this state shall also be an offense in all primary elections, and in all matters relating thereto, antecedent or subsequent, and shall be punished in the same form and with like penalties as is prescribed for the punishment of similar offenses against the general election laws; and all the provisions and penalties provided by law shall apply in all cases connected with primary elections with equal force, and shall be as effective as if specifically set out in this act.

Any violations of the provisions of this act shall, except as herein otherwise provided, be a misdemeanor and punishable as such.

SEC. 33. No candidate shall be placed upon any official ballot to be voted for at any election nominated by a convention of any political party or organization unless within ten days after the making of such nomination of such political party or organization he shall file an affidavit setting forth that such candidate has not directly or indirectly expended, nor has any person in his behalf, or with his knowledge expended, any sum of money for the purpose of securing such nomination, whether before, during, or after such primary election, on account of, or in respect to the conduct and management of such primary election or convention at which he is a candidate, in excess of the maximum amount, that is to say: If the term of the office for which the person is a candidate be for one year or less, five per cent. of the amount of one year's salary of the office. If the term be for more than one year and not more than two years, ten per cent. of the amount of one year's salary of the office. the term be for more than two years and not more than three years, fifteen per cent. of the amount of

If

If

one year's salary of the office. If the term be for more than three years and not more than four years, twenty per cent. of the amount of one year's salary of the office. If the term be for more than four years, ten per cent. of the amount of one year's salary of the office. If the office be one for which, in lieu of salary, there is allowed per diem for a statutory period, or for the number of days actually engaged in the performance of public duties, twenty-five per cent. of the amount to accrue for the statutory period. If the office be one for which, in lieu of salary, a yearly sum is allowed the officer for all the expenses of his office, the expenditures of the candidate for such office shall not exceed the amount of ten per cent. of the allowance for such office for one year, but in no event shall such expenditure exceed the sum of five hundred dollars. the office be one for which no salary or compensation is allowed except fees, or a salary not exceeding nine hundred dollars per annum and fees, the expenditures of the candidate for such office shall not exceed the amount of one hundred and fifty dollars. If the office be one for which no salary or compensation is allowed, or for which a per diem is allowed for the days actually employed in the performance of a public duty, the expenditures of the candidate for such office shall not exceed one hundred dollars. If the candidate is also at the same time a candidate for an unexpired term, he shall not pay or expend any sum on account of such unexpired term, but the maximum amount to be expended by such candidate shall be as hereinabove provided.

SEC. 34. Such candidate shall file, as hereinafter provided, an itemized statement showing in detail all moneys paid, loaned, contributed, or otherwise furnished to him, or for his use, directly or indirectly in aid of his nomination, and all moneys contributed, loaned, or expended, directly or indirectly by himself, or through any other person in aid of his nomination. That the term nomination as herein employed is defined to mean all efforts,

directly or indirectly, on the part of the candidate to present his nomination before the electors to secure cooperation and support by voters in his behalf, and to further the interests and election of delegates at any primary election. Such statement shall give the names of various persons who paid, contributed, or expended such moneys in aid of the primary election in his behalf, or in aid of his nomination, and the names of the various persons to whom such moneys were contributed, loaned, or paid, the specific nature of each item, the service performed, and by whom performed, and the purpose for which the moneys was expended, contributed, or loaned. No sum of money shall be paid, and no expenses shall be incurred by or on behalf of the candidate at any primary election, or for any period of time within six months prior thereto, held within this state, at which he is a candidate, whether before, during, or after such primary election on account of, or in respect to the conduct or management of such primary election, except for the expenses of holding and conducting public meetings, for the discussion of public questions, and of printing and circulating primary election ballots, hand bills, cards and other papers previous to such primary election, and all advertising and all postage, expressage, telegraphing and telephoning, and of supervising the registration of voters, and watching the polling or counting of votes cast at such election, and all salaries of persons employed in transacting business at office or headquarters, and necessary expenses of maintaining the same, and for rent of rooms necessary for the transaction of the business of the candidate, and for necessary incidental expenses. There shall be attached to the statement herein provided for, an affidavit subscribed and sworn to by such candidate, which must be substantially in the following form:

STATE OF CALIFORNIA,

County of

I (name), having been a candidate for the office of at the primary election held in the (naming

city, county, city and county, or other division), of the state of California, on the day of 18—, do solemnly swear that I have paid for my expenses at said primary election, and for all purposes of furthering my candidacy, directly or indirectly, within six months prior thereto, the sum of $. and no more, and that except as aforesaid, I have not, nor to the best of my knowledge and belief has any person, club, society, or association on my behalf, directly or indirectly, made any payment, or given promises, or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of, or in respect to the conduct or management of the said election, and that I have not, directly or indirectly, promised any office or reward for any support of my candidacy prior or subsequent to said primary election. And I further solemnly swear that, except as aforesaid, no money, security, or equivalent for money; has, to my knowledge or belief, been paid, advanced, given, or deposited by any one, to or in the hands of myself, or any other person for the purpose of defraying any expenses incurred on my behalf, or in aid of said primary election, or of my nomination, or on account of, or in respect to the conduct or management of the said primary election. And I further solemnly swear that I will not at any future time make, or be a party to the making, or giving of any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide, or be a party to the providing, of any money, security, or equivalent for money, for the purpose of defraying any such expenses.

If the candidate seeks to avoid the responsibility of any illegal payment made by any other person in his behalf, he shall set out such illegal payment and disclaim responsibility therefor. Candidates for office to be filled by the electors of the state, or of any political division thereof greater than a county, and for members of the senate and assembly, representative in congress, or for members of the state

board of equalization, state board of railroad commissioners, shall file their statements in the office of the secretary of state. Candidates for all other offices shall file their statements in the office of the clerk of the county where the primary election and convention is held, and within which the duties of the office for which the candidate is nominated are to be exercised. Vouchers must be filed for all expenditures except in case of sums under five dollars.

SEC. 35. Any candidate nominated for any public office who shall refuse or neglect to file for at least ten days such statement shall not be placed upon any ballot, but the judge of the superior court of the county wherein such statement is filed, or is required to be filed, may, on the application of a candidate or a creditor thereof, allow any claim, not in excess of the maximum amount allowed by this act, to be presented and paid after the time limited by this act; and a statement of any sum so paid, with a certificate of its allowance, shall forthwith, after payment, be filed by the candidate in the same office as the original statement of the candidate. If the candidate, upon such application, shall show to the satisfaction of said court that there is any error or false recital in such statement or affidavit, or that the failure to make such statement or affidavit, or to present, within the designated time, a claim, otherwise just and proper, has been occasioned by the absence or illness of such candidate, or by the misconduct of any person other than such applicant, or by inadvertence or excusable neglect, or for any reasonable cause of a like manner, and not by reason of any want of good faith on the part of the applicant, the court may, after such notice of the application as the court shall require, and on the production of such evidence of the facts stated in the application as shall be satisfactory to such court, by order, allow such statement and affidavit to be filed, or such error or false recital therein to be corrected, or such claims to be paid, as to thecourt seems just; and such order shall relieve