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committee appointed by a convention to fill vacancies, if the official vote of record in the office of the secretary of state, or in the office of the officer where the same is required by law to be filed shows that the political party which held the convention referred to in such certificate had not polled three per cent of the entire vote of the state, or the county, city and county, district, or other political division, for which such convention was held, such certificate shall not be filed, and the officer with whom such a certificate is required to be filed, shall examine such official vote to ascertain the fact.

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

$ 1202. BALLOT-CLERKS TO BE APPOINTED. At the same time and in the same manner as inspectors and judges of election are now appointed in this state, two ballot-clerks for each election precinct in the state shall be appointed, whose duty it shall be to have charge of the ballots on the day of election, and to furnish them to the voters in the manner hereinafter provided; provided, however, that in precincts where voting or ballot machines are used, such clerks need not be appointed.

[Qualification and compensation.] Such ballot-clerks shall be electors of the precinct from which they are appointed, and shall be paid the same compensation as inspectors of election.

[To be chosen from what party.] In making appointments of such ballotclerks, one of them shall be taken from the political party that polled the largest number of votes at the last preceding general election, and the other from the party that polled the next largest number of votes at such general election.

[Service-Additional clerks.] They shall act as additional clerks of election when the polls are closed, and they shall serve until the votes are counted and the returns are signed;

[Additional election officers, when.] Provided, that whenever a general and municipal election shall be held at the same time, there shall be appointed one additional inspector, one additional judge, and two additional clerks in the manner now provided by law.

History: Amended March 6, 1907, Stats. and Amdts. 1907, p. 131.
In effect immediately.

$ 1358. TERMS [RELATING TO POLITICAL CONVENTIONS] 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, justices of the district courts of appeal, 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 hereinafter 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 and county, supervisors, and all township officers, will be hereinafter 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 primary. 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.

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

$ 1361. POLITICAL PARTIES ENTITLED TO DESIGNATION UPON OFFICIAL BALLOT. 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 section.

[Other political organizations-Petition.] 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.

[Petition, how authenticated, and what to set forth.] 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.

[Same. State and district conventions, delegates to, etc.] 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 respec

tive appellate districts, railroad commissioner districts and state equalization districts, shall be the delegates to the respective conventions to nominate candidates for justices of the district courts of appeal, 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 one 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.

[State senators and assemblymen, nomination of.] 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, and be signed and arranged in all respects as required for certificates of nomination by the provisions of section eleven hundred and eighty-eight of the Political Code, and contain the name and complete address of a person to whom the same may be returned if not entitled to be filed; and all the provisions of section eleven hundred and ninety-two of the Political Code relating to the presentation, examination, and return of certificates of nominations, shall apply to the petitions mentioned in this 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 officers.

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 apportionment shall be the same as herein before 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 districts, 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.

[Where petition to be filed.] Such last-named petition for participation in a local primary election must be filed with the board of election commissioners of the county, or city and county, at least thirty days before the date of such primary election. Where a city primary is to be held such petition must set forth the same facts required to be set forth in a petition for participation in a local primary election, must be governed by the same rules, and must be executed by the governing officers or committee of the party for such city or town, and in like manner and time filed with the governing body of such city or town, or by signers to a verified petition as hereinbefore specified. Such last-named petition for participation in city primary 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, where the same have already been established.

History: Amended March 19, 1907, Stats. and Amdts. 1907, p. 653.

In effect from and after July 1, 1907. $ 1361a. PRIMARY ELECTION. RESOLUTION PRESCRIBING PARTY TEST. The governing committee of any political party when filing its petition or application for a place on the primary official ballot, shall at the same time and with the officer of election authorized to receive such petitions, file a resolution prescribing the party test necessary for an elector to vote for the delegates to the nominating convention of said party, in addition to the qualifications required by law. None but persons who possess the qualifications

required by law and by the resolution of said party committee must be permitted to vote for delegates to the nominating convention of said party.

History: Enacted March 19, 1907, Stats. and Amdts. 1907, p. 641.
In effect from and after passage.

$ 1366a. ELECTOR TO DECLARE HIS POLITICAL AFFILIATION. At the time of registering and of transferring registration, in all places where the primary election law is in force, each elector shall declare the name of the political party with which he intends to affiliate at the ensuing primary election or elections, and the name of such political party shall be stated in the affidavit of registration and the index thereto. If the elector declines to state the fact, the fact of such declination shall likewise be stated and no person shall be entitled to vote at any primary election (by virtue of such registration) unless he has stated the name of the political party with which he intends to affiliate at the time of such registration. Nor shall he be permitted to vote on behalf of any party or for delegates to the convention or [of] any party other than the party so designated in the registration,

[May change affiliation, when.] In case any elector shall have declined to designate or shall have changed his political affiliation prior to the close of registration for primary elections he is entitled to have such change recorded prior to the close of said registration upon application to the county clerk or registrar of voters. In case any elector shall have declined to designate or shall have changed his political affiliations prior to the close of registration, he may appear in person before the county clerk or registrar of voters, at the office of the county clerk or registrar of voters, and not elsewhere,

[Form of oath.] And make affidavit substantially in the following form: STATE OF CALIFORNIA, County of ....

being duly sworn, deposes and says that he is registered on the great register of the said county of ..... (insert former party affiliation, or that he had declined to designate his party affiliation); that since the date of such registration he has changed his political views and in good faith declares his affiliation with the

party. Subscribed and sworn to before me, this .. day of .. 190...

[No fees for taking affidavit.] The county clerk or registrar of voters shall take such affidavit without charge and shall file the same. Nothing in this section shall be construed to prevent any elector, who has registered before this act takes effect, from voting at such primary election.

[In force when.] Sec. 2. This act shall take effect and be in force thirty-five days after its passage.

History: Enacted March 19, 1907, Stats. and Amdts. 1907, p. 677. $ 1367. MANNER OF VOTING. NAME AND ADDRESS AND POLITICAL PARTY WRITTEN ON ROSTER. A person desiring to vote at any primary election on behalf of any party or for delegates to any convention, shall write his name and address on the roster of voters, or where unable to write shall have the same written thereon for him as provided by law, and he

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