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ment, be a citizen of the United States and of this state, and twenty-one years of age; inust have resided in the county for which the appointment is made for six months. Women having these qualifications may be appointed. (Amendment approved March 10, 1891; Stats. 1891, p. 29.)
801. Liability of sureties: 89 Cal. 115; 82 Cal. 77. False certificates - Damages: 89 Cal. 115.
False personation - Negligence: 82 Cal. 77; 68 Cal. 455; 75 Cal. 182.
865. Acts of deputy: 93 Cal. 551. 875. Fire commissioner, power to appoint: 93 Cal. 153.
Power of appointment is not necessarily an executive function: 80 Cal. 233.
879. Holding until successor appointed: 69 Cal. 520; 87 Cal. 475; 93 Cal. 153.
892. Issuance of commission: 87 Cal. 475. 907. Qualification, time of: 87 Cal. 475; 85 Cal. 509. Notice of appointment: 85 Cal. 509. This section is mandatory: 85 Cal. 509. 909. Neglect to file oath of office, what is not: 79 Cal. 105.
936. Election contest. When the title of the in. cumbent of any otlice in this state is contested by proceedings instituted in any court for that purpose, no warrant can thereafter be drawn or paid for any part of his salary until such proceedlings have been finally determined; provideid, however, that this section shall not be construed to apply to any party to a contest or proceeding now pending or hereafter instituted who holds the certificate of election or commission of office, and dis. charges the duties of the office; but such party shall receive the salary of such office, the same as if no such contest or proceeding was pending. [A mendment approved March 10, 1891; Stats, 1891, p. 28; in effect immediately.]
937. Clerk of court must certify. As soon as such proceedings are instituted, the clerk of the court in which they are pending must certify the facts to the offi. cers whose duty it would otherwise be to draw such war. rant or pay such salary, except in the cases included in the proviso to the foregoing section. [Amendment approved March 10, 1891; Stats. 1891, p. 29; in effect immediately.)
947. Delivery of official bond: 79 Cal. 84.
959. Bonds, liabilities of sureties: 75 Cal. 513; 78 Cal. 154; 79 Cal. 84.
963. Suggestion of defect: 78 Cal. 154. 967. Successive bonds: 73 Cal. 265. 268. Form of judgment against sureties: 73 Cal. 520. 995. Resignation from office: 71 Cal. 618.
996. Vacancy in office, when occurs: 66 Cal. 651; 67 Cal. 11; 67 Cal. 116; 68 Cal. 281; 79 Cal. 105; 87 Cal.
475; 93 Cal. 153. This section is mandatory: 85 Cal. 509.
1004. Increase of salary, effect of prohibition against, where person appointed to vacancy: 81 Cal. 588. 1041 An act to promote the purity of elections by regulating the
conduct thereof, and to support the privilege of free suffrage by prohibiting certain acts and privileges in relation thereto, and providing for the punishment thereof.
(Approved February 23, 1893; Stats. 1893, p. 12.] SECTION 1. All nominations of candidates for public office to be filled by election within this state, and presidential electors, must be filed with the proper officer within the time and in the manner prescribed by law. Every certificate of nominations made by the members of a political party, or by a convention or organized assemblage of delegates, or other body of citizens representing a political party or principle, must be signed as provided by the provisions of sections eleven hundred and eighty-seven or eleven hundred and eighty-eight of the Political Code of this state; and at the time of filing the certificate of nomination the persons signing such certificate of nomination shall also file with the officer authorized by law to receive and file such certificate the names of five persons who have accepted in writing and consented to act, selected to receive, expend, audit, and disburse all moneys contributed, donated, subscribed, or in any wise furnished or raised for the purpose of aiding or promoting the election of the candidates for office or electors named in the said certificase of nomination, or in any manner to be used in respect of the conduct and management of the election at which such candidates are to be voted for. The certificate of nomination must not be received or filed unless accompanied by the names of five persons, citizens and electors of this state, to compose such committee, together with their written acceptance and consent to act as such committee, as required by this act. The said committee shall have the exclusive custody of all moneys contributed, donated, subscribed, or in any wise furnished or raised for or on bebali of the political party, organized assem. blage or body, or candidates represented by said committra
and shall disburse the same on proper vouchers, under the directions of the body or superior authority to which it is subject, if there be any. If, for any cause, a vacancy shall occur in the membership of said committee prior to the fifteenth day before the day of holding an election, the vacancy must be filled by the same authority as vacancies in the list of nominees are filled. No vacancy, by resignation therefrom or refusal to act upon said committee, shall occur after the fif. teenth day before the day of holding an election, or until the said committee shall have completed and discharged all of the duties required of them by this act. If any vacancy be created by death or legal disability subsequent to the fifteenth day before the day of holding an election, such vacancy shall not be filled, and the remaining members shall discharge and complete the duties required of said committee as if such vacancy had not been created.
SEC. 2. Within twenty-one days after the completion of the official canvass of the result of the election, said committee shall file, as hereinafter provided, an itemized statement, showing in detail all the moneys contributed, donated, sub scribed, or in any wise furnished or received to the use of the political party, organized assemblage, or body, or any or all of the candidates for public office, or electors, coming under the control of such committee, or into their custody, directly or indirectly, together with the name of each contributor, donor, subscriber, or source from which such moneys were derived, and an itemized statement of all money expended; such statement shall give the names of the various persons to whom such moneys were paid, the specific nature of each item, by whom the service was performed, and the purpose for which it was expended. There shall be aitached to such statement an affidavit, subscribed and sworn to by each member of said committee, setting forth, in substance, that the statement thus made is in all respects true, and that the same is a full and detailed statement of all moneys, securities, or equivalents for moneys coming under their control or into their custody, and by them expended, directly or indirectly. Such statement shall be filed in the same office in which is filed the certificate of their selection as such committee, and shall become a public document, and open to inspection by any citizen.
Sec. 3. Every candidate who is voted for at any public election held within the state shall, within fifteen days after the day of holding such election, file, as hereinafter provided, an ite inized 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 election, and all moneys contributed, loa ned, or expended by him, directly or indirectly, by himself or through any other person, in aid of his election, Such statement shall give the names of the various persons who paid, loaned, contributed, or otherwise furnished such moneys in aid of his election, 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 money was expended, contributed, or loaned. There shall be attached to such statement an affidavit, subscribed and sworn to by such candidate, which must be substantially in the followjag form:
State of California, County of —, ss.
I (name), having been a candidaie for the office of , at the election held in the county, city and county, city, or other division, state of California, on the day of 2, 18, do solemnly swear that I have paid the sum of $— for my expenses at the said
election, 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, promised, or offered any reward, office, employment, or valuable consideration, or incurred any liability, on account of or in respect of the conduct or management of the said election, and except such moneys as may have been paid to or expended by the committee selected as prescribed by the act of the legislature of this state approved (date of this act). And I further solemniy 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 my election, or on account of or in respect of the conduct or management of the said 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 wherein the election is held, and within which the duties of the office for which the candidate is roted for are to be exercised. The statement and affidavit of a committee or candidate shall be recorded in the office of the wunty recorder, and shall, after being filed, become a public record, and open at all times to public inspection. Vouchers must be filed for all expenditures, except in the case of sums under five dollars.
SEC, 4. Any candidate for a public office who shall refuse or Deglert to file, or who makes a false statement of moneys reoeired or expended, as prescribed by section three of this act, shall, in addition to the punishment for such offense prescribed by the laws of this state, forfeit any office to which he may have been elected at the election with reference to which the statement is required to be made. If a candidate elected to a public office refuses or neglects to file the statement prescribed by section three of this act, no certificate of election shall be issued to him, neither shall any official bond presented or offered by him be approved, and the incumbent of the office, unless he is himself a defaulting candidate, must not sur render or deliver up said office, but shall continue to discharge the duties and shall receive the emoluments thereof. If the candidate refusing or neglecting to file the statement, or making a false statement of moneys received or expended, is the incumbent of an office of profit or trust under the laws of this state, in addition to the punishment prescribed by the laws of įhis state for such refusal or neglect, or for making such false statement, he shall be deprived of his office, and shall also forfeit any office to which he may have been elected at the election in reference to which the statement is required to be made.
SEC. 5. No sum of money shall be paid and no expense shall be incurred by or on behalf of a candidate at an election held within this state at which he is a candidate, or by or on behalf of a committee selected under the provisions of section one of this act, or by or on behalf of the body or superior authority to which such committee is subject, if any, whether before, during, or after an election, on account of or in respect of the conduct or management of such election, except for the expenses of holding and conducting public meetings for the discussion of public questions, and of printing and circulating specimen ballots, handbills, cards, and other papers previous to such election, and of advertising, and of 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 of salaries of persons employed in transacting business at office or headquarters and necessary expenses of maintaining same, and for rent of rooms necessary for the transaction of the business of the candidate or committee, or superior authority to which such committee is subject, if any, and for necessary incidental expenses, which shall not exceed' the sum of one hundred dollars if expended by a candidate, or one thousand dollars is expended by a com. mittee; and no sum shall be paid and no expense shall be incurred, directly or indirectly, by or on behalf of a candidate, whether before, during, or after an election, on account of or in respect of the conduct and management of an election at which he is a candidate, in excess of the maximum amount following, -- 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; it ihe term be for more than two years, and not more than three years, fifteen per cent of the amount of one year's salary of the office; if the term be for more than three years, and not more