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$ 1044. CONDUCT OF MUNICIPAL ELECTIONS. Except in the particulars or cases otherwise provided for in the constitution or laws of the state or by the provisions of a freeholder charter duly adopted or amended pursuant to the constitution of this state, all municipal elections, where the same are held separate from state elections, and all elections held under the authority of section eight of article eleven of the constitution, to elect boards of freeholders, or to vote upon proposed charters, or upon amendments to existing charters, and all other special elections including all special elections to vote upon or for or against any proposition or question authorized to be submitted to a vote, shall be conducted under the provisions of sections ten hundred and forty-four, eleven hundred and thirty-three, eleven hundred and twenty, ten hundred and fifty-one and eleven hundred and twenty-one of this code.

Sec. 6. [Repealing clause.] The act entitled "An act in relation to municipal elections where the same are held separate from general state elections, and elections held under the authority of section eight of article eleven of the constitution, to elect boards of freeholders, or to vote upon proposed charters or upon amendments to existing charters, and to repeal an act entitled an act in relation to elections held under the authority of section eight of article eleven of the constitution, approved March 31, 1897." approved March 4, 1899, is hereby repealed.

History: Enacted March 19, 1907, Stats. and Amdts. 1907, p. 661.
In effect immediately.

§ 1079. EXPENDITURES OF MONEY [IN RESPECT TO ELECTIONS]. Whenever the clerk, secretary or any officer of a county, city, or city and county, is charged with the performance of any official duty, in respect to elections which involves the expenditure of public moneys, such expenditures shall be subject to the control and supervision of the board of election commissioners; and when any printing or other service is to be performed, or materials are to be furnished, the amount of which in the aggregate shall exceed the value of five hundred dollars, it shall be the duty of the board of election commissioners to invite proposals for the work, or the furnishing of the materials, and to let the contract for the same to the lowest responsible bidder therefor, in the same manner and upon the same conditions as is required in the letting of contracts for doing other and similar work or furnishing other and similar materials, for county, city, or city and county purposes;

[Printing ballots and index.] Provided that no such proposal or bid shall be required for the contract to print ballots or the printed index of the precinct registers, if the time within which such ballots or index must be had does not reasonably admit of such proposal and bid, or where an emergency requires the immediate performance of a duty relating to the management or conduct of an election and delay in the performance of such duty might imperil the holding of the election at the time and in the manner provided by law.

History: Amended March 19, 1907, Stats. and Amdts. 1907, p. 652.
In effect from and after July 1, 1907.

$ 1120. QUALIFICATION OF VOTERS. All persons shall be entitled to vote at the elections mentioned in section ten hundred and forty-four of this code, who come within the terms or comply with the requirements of this section. Every person who was a qualified elector at the general state election immediately preceding the holding of any of the elections mentioned in section ten hundred and forty-four of this code, and who was registered as required by law as a qualified elector of any one of the.precincts which together compose the special election or consolidated precincts, and who continues to reside within the exterior boundaries of such special election or consolidated election precinct, until the time of the holding of the election provided for and held under said section ten hundred and forty-four, shall be entitled to vote at said election, without other or additional registration. All other persons in order to be entitled to vote at any of the elections provided for in said section ten hundred and forty-four, must be registered in the manner required by sections ten hundred and ninety-four, ten hundred and ninety-six and ten hundred and ninety-seven of this code, as an elector of and within one of the precincts which compose the special election or consolidated precinct wherein he claims to be entitled to vote. Such registration must be made and had in accordance with the provisions of sections ten hundred and ninety-four, ten hundred and ninety-six, and ten hundred and ninety-seven of the Political Code, provided that such registration shall be in progress at all times except during the thirty-five days immediately preceding any such municipal election, in all municipalities in which the registration of voters at the last preceding municipal election exceeded seventy thousand, and at all times except the twenty-five days immediately preceding any other municipal or special election held under said section ten hundred and fortyfour of this code.

History: Enacted March 19, 1907, Stats. and Amdts. 1907, p. 662. in effect immediately.

Note: For repealing clause see § 1044, ante.

§ 1121. REGISTER TO BE USED. The register used at each special election or consolidated election precinct, at the elections provided for in section ten hundred and forty-four of this code, shall consist of the original affidavits of registration for the territory constituting such special election or consolidated election precinct, at the last general state election immediately preceding the holding of the election provided for in said section ten hundred and fortyfour, together with a supplement or supplements showing the additional names of the persons who by registration have since such general state election become entitled to vote at any of the elections to be held in such precinct, under said section ten hundred and forty-four of this code.

[Duty of county clerk.] In the event that precinct registers were used at the last preceding general state election then it shall be the duty of the county clerk or person clothed with the authority for the registration of voters, to furnish such original affidavits of registration with the supplements aforesaid, for each of the special election or consolidated precincts, to the boards of election, respectively, in and for each such election precinct. No person shall be entitled to vote at any such election provided for in said

section ten hundred and forty-four of this code, unless his name is registered by such original affidavit of registration, in the precinct within the exterior boundaries of the election precinct, or unless, according to the constitution and laws of this state, he is entitled to vote thereat.

History: Enacted March 19, 1907, Stats. and Amdts. 1907, p. 663.
In effect immediately.

Note: For repealing clause see § 1044, ante.

§ 1133. ESTABLISHMENT OF SPECIAL ELECTION PRECINCTS. The board or governing body charged with the conduct of carrying on any of the elections mentioned in section ten hundred and forty-four of this code may precinct, or subdivide, the municipality or territory within which such election is to be held, into special election or consolidated election precincts, for the holding of such elections, and change and alter such precincts for such elections, as often as occasion may require. In establishing such election precincts referred to in this section, such board or governing body having control of such elections, may consolidate the precincts which existed for the holding of the last preceding general state election, to a number not exceeding three for each special election or consolidated election precinct, and shall number such precincts so established, consecutively, and each precinct so established shall for the purpose of such election be known by the number so designated.

History: Enacted March 19, 1907, Stats. and Amdts. 1907, p. 662. in effect immediately.

Note: For repealing clause see $ 1044, ante.

$ 1151. BOARD OF ELECTIONS. The board or governing body charged with the conduct of elections shall appoint a board of elections for each special election or consolidated election precinct, to consist of two inspectors, two judges, two clerks and two ballot-clerks, for each municipal election, provided for by section ten hundred and forty-four of this code, and a board of election for each such precinct to consist of one inspector, one judge, one clerk, and one ballot-clerk, for every special election provided for in said section ten hundred and forty-four of this code, who shall apportion among themselves the work and labor required to conduct such election within their respective election precincts.

[Poll list and tally list, etc.) But one poll list, one tally list, and one copy of such tally list as provided for in section twelve hundred and sixty-one of the Political Code need be kept, and but one book of original affidavits of registration. These shall be returned to the proper officers with the official returns, in the same manner provided for the returns at a general election. Said election officers are to be apportioned equally between the two political parties which, respectively, cast the highest and next highest number of votes for governor at the last preceding general state election.

History: Enacted March 19, 1907, Stats, and Amdts. 1907, p. 663.
In effect immediately.

Note: For repealing clause see $ 1044, ante.

$ 1160. TIME OF OPENING AND CLOSING THE POLLS. The polls must be opened at six o'clock of the morning of the day of election, and must be kept open until six o'clock in the afternoon of the same day, when the polls shall be closed.

History: Amended March 1, 1907, Stats, and Amdts. 1907, p. 81.

$ 1186. CONVENTIONS MAY NOMINATE CANDIDATES (FOR PUBLIC OFFICE]. Any convention as hereinafter defined may make nominations of candidates for public office, including electors of president and vicepresident of the United States to be filled by election within the state. A convention, within the meaning of this chapter is an organized assemblage of delegates representing a political party, or organization. If such convention be assembled to present candidates for public office to be elected within territory, or political division in the whole of which the provisions of sections thirteen hundred and fifty-seven to thirteen hundred and seventy-five, both inclusive of this code are mandatory or were in force and effect at the time of the election of delegates thereto, then and in such event all the delegates acting therein must have been chosen at a primary election held under the provisions of said sections of this code. If such convention be assembled to present candidates for public office to be elected within territory in a portion of which the said sections of this code are mandatory or in force and effect, and in a portion of which said sections are not in force or effect, then and in such event the delegates acting in such convention representing therein territory or a political division where such said sections are in force and effect, must have been chosen at a primary election held under the provisions thereof. If such convention be assembled to present candidates for public office to be elected within territory or a political division in no portion of which said sections of this code are mandatory or in force and effect, then and in such event the political party which such organized assemblage of delegates represents, must have at the last election before the holding of such convention polled at least three per cent of the entire vote of the state, or of the county, city and county, district, or other political division for which nominations are to be made; provided, that in any political division of this state wherein no general election shall have been held after its organization, a convention as last above referred to, of any political party polling at least three per cent of the votes cast in the precincts composing said political division, shall have the same power, and its nominations the same effect as though such political division had been organized before the next preceding general election.

[Conventions may select governing committee.] Any conventions as herein defined may, in addition to making nominations of candidates for public office, appoint or elect a governing committee for the political party which the delegates in such convention represent, for the territory which is thus represented, which committee shall serve for the next ensuing two years, and until the next biennial convention of the party which it represents has organized, but no longer; provided, that in years when a state convention assembles to select delegates to a national convention to nominate a candidate for president and for vice-president of the United States, such state convention shall have

the power to choose a committee or governing body to represent the party in the territory which such convention represents, which committee or governing body shall hold and exercise its power until the next state convention to nominate a governor and other state officers shall assemble and select its successors.

Whenever there shall be in any political subdivision of the state more than one body claiming to represent a certain political party or organization in such territory, if such political party have a state committee, such state committee or its executive committee, if it have one, and has delegated such power to it, may determine which of such bodies represents such political party in such territory, and such decision shall be final and all officers shall be bound thereby. The decision shall be in writing, and shall name the chairman and secretary of the political committee for such political subdivision which it recognizes, and shall be attested by the secretary of the committee making the decision, and a duplicate must be filed with the election commissioners of such political subdivision or its clerk, secretary, or registrar of voters.

[What certificate of nomination must show.] Every certificate of nomination where the nominations have been made by a convention or where a vacancy is filled by certificate made by a committee appointed by a convention, must set forth that the party which held such convention had at the last preceding election before the holding of such convention, cast at least three per cent of the entire vote of the state, or of the county, city and county, district, or other political division for which such nominations were made.

In determining the question whether such political party had cast such three per cent of such vote as specified in this section the vote shall be considered and computed only, which was cast for a candidate or candidates, of such party at said last preceding election, who was not, or were not previously, nominated by a convention of any other political party or organization than the party holding the convention referred to in such certificate.

[When certificate shall not be filed.] No such certificate of nomination by a convention or by such a committee shall be filed if it appear from the official vote, of record, in the office of the secretary of state, or of the officer with whom such certificate is required to be filed, that such party had not polled three per cent of the entire vote at the last preceding election, as required by this section; and the officer to whom such certificate is presented is required to examine such official vote so of record and to ascertain such fact.

History: Amended March 19, 1907, Stats. and Amdts. 1907, p. 656.
In effect from and after July 1, 1907.

$ 1188. CANDIDATE MAY BE NOMINATED OTHERWISE THAN BY POLITICAL CONVENTION, HOW. A candidate for public office may be nominated otherwise than by a convention, in the manner following: A certificate of nomination containing the name of the candidate to be nominated, with the other information required to be given in the certificates provided for in section eleven hundred and eighty-seven of this code, shall be signed by electors residing within the 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 the nomination is to be made. Said petitioners may also

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