designate any number of persons, not less than seven nor more than twentyfive, each and all of whom shall be signers to said petition to constitute a committee representing the signers of said certificate, collectively, as a political party by any name selected and adopted by them in said certificate of nomination; provided, that said name is not the same or so similar to that of any existing party as to mislead voters. The said committee so designated shall constitute the governing body or committee of said party.

Each such certificate must be a separate paper and contain the name of one signer thereto and no more. In addition to the other matter required to be set forth in such certificate it must also set forth that the signer has not been elected as a delegate to any political party convention, authorized to make nominations for public office mentioned in the certificate, that he has not in any political convention as a delegate voted for or against the nomination of a candidate for any public office mentioned in such certificate; that he has not voted at any primary election for delegates to any political convention having power to nominate a candidate for any public office mentioned in the said certificate; that he has not joined in any manner in nominating any other candidate or candidates for the same office, or in nominating the same candidate or candidates for the same office under another, or different political party name or designation. The signature must be made by the party signing at the end of the certificate, and must add thereto his place of residence and occupation, giving street and number, where such street and number or either exist, and if no street or number exist then such a description of the place of residence, if in a city, or city and county, as will enable the location to be readily ascertained.

Each such signer must verify such certificate by making oath that the same is true, before an officer authorized to take an oath in this state, and in the place where said oath is taken, which oath must be certified as required for an affidavit. Any person who signs any name other than his own to such certificate or makes a false oath to such certificate shall be punishable by fine not exceeding five hundred dollars, or imprisonment in a states prison for a term not exceeding five years. The said

Certificates must be fastened together and bound by precincts and arranged in all respects in the manner and form required for the arrangement, binding and fastening of original affidavits of registration by the provisions of section eleven hundred and thirteen of the Political Code; and each such book or package must have indorsed upon the outside the number of the precinct, and for which assembly district, as the same are numbered in the county, city, or city and county, and the name of the political party or organization, which is designated in the certificates, and no such certificates shall be received or filed by any officer to whom the same are required by law to be presented unless the same comply with the provisions of this section.

[Duty of clerk, etc.] The clerk or officer to whom any such certificates is presented for filing is authorized and directed to strike out or disregard the name or names of any electors who, upon examination of the voting register, or otherwise may be found to have signed such certificate or certificates or any thereof, in violation of the provisions of this section. The county clerk or registrar of voters shall upon demand of the secretary or chairman of any

Stats. and Amdts.-5

political organization who in writing requests it and states the name of the organization, and the territory for which nominations are to be made, shall deliver a written copy of the precinct boundaries for such political division when adopted.

[Petition to participate in primary elections. "Special verification deputies."] Any number of electors not less than five residing within the territory or political subdivision for which they desire to present a candidate or candidates, pursuant to this section, or who desire to present a petition to participate in a primary signed by electors pursuant to section thirteen hundred and sixtyone of the Political Code, may present a written or printed petition signed by such electors, setting forth such desire and intention signed by them and verified by at least one thereof to the county clerk, registrar of voters or clerk of the body having control of elections in the political subdivision for which nominations are to be made. If such nomination or nominations are to be made for a state or district office embracing more than one county or city and county then such petition may be presented by a similar number of electors in the same manner to the county clerk or registrar of voters in each county or city and county in the state or district as the case may be. Such petition must specify the territory for which the petitioners desire to nominate candidates for public office, the name or political designation under which such candidates or delegates at a primary election as above referred to will appear, and that the petitioners desire to proceed to procure the necessary signatures of electors to so nominate such candidates or to so participate in such primary election (as the case may be) and to have the same verified and arranged as required by law, and that they desire to have the persons whose names are set forth in such petition, in the manner hereby required, appointed as "special verification deputies.

The petition must give the full name of each such proposed special verification deputy adding his name and address with street and number, where there is such, and occupation, and state that each such person is a citizen of the United States and a qualified and registered elector within the county, city, or city and county for which he is to act under this section, and that he can read and write the English language and upon the receipt of such petition the county clerk, registrar of voters, or person to whom the same is lawfully presented pursuant to this section shall forthwith examine the same, and as soon as examined if it be in accordance with the requirements of this section such officer shall file the same and immediately appoint such persons as such special verification deputies in the manner and to the number herein provided. The

Number to so be appointed shall not exceed one for each five hundred voters registered at the last preceding general election within the territory for which such deputies may act under their appointment under this section, nor in any event the number whose names are as aforesaid specified in the said petition requesting their appointment. If the officer to whom the said petition is presented shall find the persons whose appointment is requested to be registered electors as required, he shall appoint them as herein provided not to exceed the number aforesaid. The appointments shall be by writing signed and sealed by the officer making the same and be substantially in the following. form:

[Form of appointment.] This is to certify that (insert name and address in full, and occupation) is hereby appointed pursuant to section eleven hundred and eighty-eight of the Political Code, as a special verification deputy with all the powers provided by that section and none other and is authorized to take the oath of any signer who shall in his presence sign a certificate of nomination under section eleven hundred and eighty-eight of the Political Code or a petition paper under section thirteen hundred and sixty-one of the Political Code by electors. (Stating under which section, and omitting reference to the other, as the case may be,) where the paper so signed refers to and designates the (insert the name of the political party or organization as set forth in the petition requesting the appointment of such deputies) within the (insert the designation of the territory for which the petition requests appointments to be made not to exceed a county or city and county or the territory for which the officer making the appointments has power to act,) under and pursuant to law and a petition filed in the office of (insert the office where filed) upon the (insert the day and year of filing). [Oath of appointee.] Each such certificate of appointment must also be dated and made in duplicate and be delivered only to the appointee in person upon his application therefor, and before delivery such appointee must, before the officer issuing the same or his deputy, sign and subscribe an oath annexed to such certificates, or following the same in duplicate, to the effect that he is the person named therein and resides at the address specified therein, that he accepts such appointment, and will perform the duty enjoined upon him by this section, and thereupon such certificate with such oath, shall be delivered in person to the special verification deputy named therein and the duplicate filed in the office from which the appointment issues, and be kept for three years.

day of

[Authority of deputy.] The special verification deputy shall thereupon be authorized and empowered to take the oath of verification required by this section, or required by or to a petition by electors under section thirteen hundred and sixty-one of the Political Code (as the case may be) and sign and certify the same in the form required by this section, and no seal of office need be impressed or used in certifying such oath. but he cannot take any oath for any other purpose whatever, or outside of the territory specified in his appointment, nor certify the oath of any such signer residing outside of the territory so named in his certificate of appointment. If any such special verification deputy shall certify any such oath, not subscribed and sworn in his presence, or shall wilfully or knowingly certify such an oath, as to any person who does not reside at the place specified as the residence of the signer, whose oath is so taken, or as to any person who does not sign his true name to such oath shall upon conviction be punishable by a fine not exceeding five hundred dollars, or by imprisonment in a state prison for a term not exceeding five years.

[When authority shall cease.] Upon the expiration of the time fixed by law, when the certificate of nomination provided for by this section, or the petition by electors, provided for by section thirteen hundred and sixty-one of the Political Code (as the case may be) must be presented to the proper officer for filing all authority of such special verification deputy under his

appointment shall wholly cease and determine. No charge or fee of any nature for any service by any such special verification deputy shall under any circumstances be made against or paid by the state or any county, city, city and county, or political subdivision.

History: Amended March 19, 1907, Stats. and Amdts. 1907, p. 657.

In effect from and after July 1, 1907.

§ 1189. WHEN CERTIFICATES [OF NOMINATION] ARE TO BE FILED FOR STATE AND COUNTY OFFICES. Certificates of nomination shall be filed with the secretary of state for the nomination of candidates for office to be filled by the electors of the entire state, or for members of the state board of equalization, state board of railroad commissioners, house of representatives, or justices of the district courts of appeal. Certificates of nomination shall be filed with the clerk or secretary of the legislative body of any incorporated city or town for the nomination of any candidate for an office under the government of any city or town, to be filled by the electors of such city or town. For all other nominations to public office, certificates of nomination shall be filed with the clerks of the respective counties wherein the offices are to be filled by the electors; and where the district or political division embraces more than one county, such certificate must be filed with the clerk of the county in which the candidate resides, and the name of each such candidate. as specified in the certificate of nomination, shall be certified by said county clerk to the county clerks of the other counties within the district or political division, not less than twenty-seven days before the day of election.

History: Amended March 19, 1907, Stats. and Amdts. 1907, p. 650.
In effect from and after July 1, 1907.

§ 1192. CERTIFICATES OF NOMINATION, WHEN TO BE FILED WITH SECRETARY OF STATE. VACANCIES. Certificates of nomination required to be filed with the secretary of state shall be filed not more than sixty days and not less than forty days before the day fixed by law for the election of the persons in nomination, when the nomination is made by a convention, and not more than sixty days and not less than thirty-five days before the day of election, when the nomination is made by electors, as provided in section one thousand, one hundred and eighty-eight of this code.

[When to be filed with county clerk.] Certificates of nomination required to be filed with the county clerks, or with the clerk or secretary of the legislative body of any city or town, shall be filed not more than fifty nor less than thirty days before the day of election, when the nomination is made by a convention, and not more than fifty days nor less than thirty days before the day of election, when the nomination is made by electors.

[Duty of county clerk.] The county clerk of the county wherein certificates of nominations for senators and members of the assembly and judges of the superior court are required to be filed, must, within five days after the filing of such certificates, make out a copy of such certificate of nomination, certify the same under his official seal, and forward such copy or copies to the secretary of state.

[Vacancies, how filled.] Should a vacancy in the list of nominees of a convention occur, such vacancy may be filled by the convention; or if it has

delegated to a committee the power to fill vacancies, such committee may, upon the occurring of such vacancy, proceed to fill the same; provided, that such nominations shall be made and certified, and such certificate filed at least thirty days before the day of election, and not thereafter. The chairman and secretary of the convention, or of such committee, shall thereupon make and file with the proper officer a certificate setting forth the cause of the vacancy, the name of the person nominated, the office for which he was nominated, the name of the person for whom the new nominee is to be substituted, the fact that the committee was authorized to fill vacancies, and such further information as is required to be given in an original certificate of nomination. The county clerk of the county wherein such certificate to fill a vacancy in the list of nominees of a convention for senators, or members of the assembly, or judges of the superior court, must, within five days after the filing of such certificate, make out a copy of such certificate, certify the same under his official seal, and forward such copy or copies to the secretary of state.

[Secretary of state to certify nominations, when.] When a certificate to fill any vacancy shall be filed with the secretary of state, he shall, in certifying the nomination to the various county clerks, insert the name of the person who has been thus nominated to fill a vacancy in the place of the original nominee.

[Withdrawal of nominee.] Any person whose name has been presented as a candidate, may, at least thirty days before the day of election, cause his name to be withdrawn from nomination, by filing in the office where the original certificate of nomination was filed his request therefor, in writing, signed by him and acknowledged before the county clerk of the county in which he resides; and no name so withdrawn shall be printed on the ballot.

[Filing certificates, duty of officers-Defects.] Whenever any certificate of nomination is presented for filing to any officer authorized to file the same, such officer shall forthwith, upon receipt of the same and before filing, examine the same, and if there is any defect, omission, or reason why the same should not be filed, such officer shall then and there forthwith designate, in writing, the defect, omission, or reason why such certificate cannot be filed, and return the said certificate to the person named in such certificate as the person to whom the same may be returned, under this section, with such written designation of defect, omission, or reason for not filing the same; and after the filing of any certificate of nomination, no officer required by law to transmit any nomination, or to make up or print any ballot, shall fail or omit to transmit such nomination, or omit to print the name of any nominee or candidate named in any certificate of nomination which has been filed; and unless a certificate of nomination is returned as herein required, the officer to whom the same is properly presented shall file the same as soon as he shall receive and examine the same as herein required, and must file it as of the day it is presented.

No certificate of nomination shall be entitled to be filed unless the same shall contain a designation of the name of a person to whom the same may be returned, pursuant to the provisions of this section, with the address of such person, adding street and number when there is such.

[Certificate showing nomination by convention.] Where a certificate of nomination shows that the nominations were made by a convention, or by a