Page images
PDF
EPUB

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; is the office be one for which, in lieu of salary, a yearly sumn 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; if the office be one for which no salary or compersation is allowed except fees, or a salary not exceeding nine hundred dollars per annum and fees, the expenditures of the candidate for such othee shall not exceed the amount of one bundred and filty dollars; if the office be one for which no salary or compensation is allowed, or for which a per diem is allowed ior 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. 6. Every claim payable by the committee selected under the provisions of section one of this act on account of or in respect of any expense incurred in the conduct and management of an election held within this state, or on behalf of the candidates of the political party, organized assemblage, or body which such committee represents, must be presented to the committee within ten days after the return day of the election, and is not so presented, the same shall not be paid, and no action shall be commenced or maintained thereon, and all expenses incurred as aforesaid shall be paid within fifteen days alter the completion of such oflicial canvass, and not otherwise. Every claim in respect of any expenses incurred by or on behalf of a candidate at an election held within this siate on account of or in respect of the conduct or management of such election shall be presented to such candidate within ten days after the day of election, and if not so presented, the saine shall not be paid, and no action shall be instituted or maintained thereon; and all such expenses incurred as ajoresaid must be paid within twelve days after the day of election, and not otherwise. Any person who makes it payment in contravention of this section, except where such payment is allowed as provided by this act, is guilty of a misdemeanor.

SEC. 7. The superior court of the county wherein such statement is filed or is required to be filed may, on the application of either the committee or candidate, or a creditor of either, 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 forth with, after payment, be filed by the committee or candidate in the same office as the original statement of the committee or candidate. If the candidate or committee, upon such application, shall show to the satisfaction of said court that 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 absence, illness, or death of one or more members of such committee, or by the misconduct of any person other than such applicant, or by inadvertence or excusable neglect, or of 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 crror or false recital therein to be corrected, or such claim to be paid, as to the court seems just; and such order shall relieve the applicant from any liability or consequences under this act in respect of the matters excused by the order. If the application is made by a creditor, the court may, under like conditions and upon a like showing, order the claim to be paid, and the creditor shall also be entitled to his costs. The claims of one or more creditors may be united in such application, but the amount and specific nature of each claim must be fully stated.

SEC. 8. No payment of money shall be made and no expense shall be incurred by any person in aid of, or for or on behalf of, any candidate, or on account of or in respect of the conduct or management of an election held within this state, except by a candidate or the committee selected under the provisions of section one of this act, or the committee, body, or superior authority to which such'committee is subject; and all expenses incurred by the committee, body, or superior authority to which the said committee is subject shall be paid only from the sund in the custody of the said committee so selected, as required by this act. Any contract for the payment of money or any expense incurred contrary to the provisions of this section shall be absolutely void.

Sec. 9. No payment of any money shall be made by a committce or can'lidate for the rent of any premises to be used as a committee-room or headquarters, or for holding a meeting, or for the purpose of promoting the election of a candidate, or on account of, or in respect to the conduct or management of, an election, where intoxicating liquors are sold for consumption on the premises, or where intoxicating liquor is supplied to members of any club, society, or association; provided. that nothing in this section shall apply to any part of such premises which is ordinarily let for the purpose of offices, or for holding public meetings, if such part has a separate entrance and no direct communication with any part of the premises on which any intoxicating liquor or refreshment is sold or supplied as aforesaid.

SEC. 10. Every bill, placard, poster, pamphlet, or other printed matter having reference to an election, or to any can

or

didate, shall bear upon the face thereof the name and address of the printer and publisher thereof, and no payment therefor shall be made or allowed unless such address is so printed.

SEC. 11 Whenever any candidate for a public office pays, lends, or contributes, or offers or agrees to pay, lend, or cons tribute any money or other valuable consideration to or for any person, either for

1 fne doing or procuring to be done of any act forbidden to be done by the laws of this state relating to public elections

2 The commission of any crime or offense against the electire franchise, or the encouragement or assistance of a person in the commission of a crime or offense against the elective franchise, or aiding or assisting any person charged with the commission of a crime against the elective franchise to evade arrest or to escape conviction and punishment for such crime or offense; or

3. Providing wholly or in part the expense of boarding, lodging, or maintaining a person at any place or domicile in any election precinct or ward or district with the purpose of securing the vote of such person for himself or any other person at an election held within the state; or

4. The hiring or employment of a person to take or maintain a place in, or to otherwise obstruct or hinder, or to prerent the forming of, the line of voters awaiting their opportunity or time to enter the polling-place or election-booth of an election precinct; or

5 for services rendered in securing his nomination for the office of which he is a candidate, or for placing his name upon any list of nominees filed with a public officer authorized to receive certificates of nomination, except the cost or expense authorized by the Political Code to be contributed by a candidate for nomination to defray the legal and authorized expenses of a primary election, and except, also, the cost or expense of circulating a nomination petition for signatures of Toiers, or in consideration of any member of a convention, organized assemblage of delegates, or other body representing or claiming to represent a political party or principle, having voted to secure for him his selection or indorsement as the homince of such convention, organized assemblage, or body, for the office for which he is a candidate, or in consideration of any person aiding him in securing his election or indorsement as aforesaid, or

6. In consideration of any person withdrawing as a candidate for public office or presidential elector at any election held within this state; or

7. For any purpose' in contravention of the provisions of this act; or

8. For any purpose whatever in excess of the maximum amount which such candidate may lawfully expend under the provisions of this act; or

9. Makes any payment after the time limited by this act, unless the same is authorized as provided in this act, or unless it be in satisfaction of a judgment obtained against him,

whether before, during, or after an election, in respect of or on account of such election, or who refuses or neglects to file the statement prescribed by section three of this act, or who makes or files a false statement thereof, or is guilty of any crime against the elective franchise, or of any offense which is punishable by fine or imprisonment, or both, under the provisions of this act, -such candidate shall, in addition to the punishment prescribed by the laws of this state or by this act, forfeit any office to which he may have been elected at the election in reference to which such crime or offense was committed, and if the candidate so offending is the incumbent of an office of profit or trust under the laws of this state, he shall thereby forfeit this office Any candidate who procures, aids, assists, counsels, or advises the payment of any money or other valuable thing by or on behalf of a committee selected under the provisions of section one of this act, and such payment is made for any purpose which, if the money were expended by the candidate, would work'a forfeiture of the office to which he has been elected, such payment shall be deemed to have been made by such candidate, and he shall forfeit any office to which he may have been elected at the election in reference to which such payment was made by or on behalf of such committee.

SEC. 12. Any elector of the state, or of any county, city and county, city, or of any political subdivision of either, may contest the right of any person declared elected to an office to be exercised therein for any of the causes or offenses named in this act, or to annul and set aside the election of any person declared elected to an office to be exercised therein who has forfeited his office for any offense committed in contravention of this act. In such a proceeding the provisions of title two of part three of the Code of Civil Procedure of the state of California, relating to the proceedings of con testing certain elections, so far as they are not inconsistent with the provisions of this act, are applicable to proceedings authorized by this section, If the contest or proceedings be as to the right of any person declared elected to the office of senator or member of the assembly, the provisions of sections two hundred and seventythree to two hundred and eighty-three, both inclusive, of the Political Code of this state shall govern and control the conduct and disposition of such contest or proceeding. If the contest be as to the right of any person declared elected to the office of governor or lieutenant-governor, such proceedings shall be had as are provided by sections two hundred and eighty-eight to two hundred and ninety-five, both inclusive, of the Political Code of this state, and shall govern and control the conduct and disposition of such proceeding. Any offense mentioned in this act which, if committed by the incumbent of an office, other than member of the senate or assembly, or governor or lieutenant-governor, or any other office named in section eighteen of article four of the constitution of this state, is cause of removal of such officer from his office, and is hereby declared to be a misdemeanor in office, within the meaning of the constitution of this state; and for any such misdemeanor in office, the governor, lieutenant-governor, or other officer mentioned in said section eighteen of article four of the constitution, is liable to impeachment. For any such misdemeanor in office committed by a member of the senate or assembly of this state, with the concurrence of two thirds of the members elecie, sieh member may be expelled. If the proceeding is against the incumbent of an office of profit or trust under the lasts of this state, other than member of the senate or assembly, or governor or lieutenant-governor, or other officer liable to perchment, to remove him from or deprive him of his office for any offense in contravention of the provisions of this 81, the provisions of sections seven hundred and tiity-eight to ren hundred and seventy-two, both inclusive, of the Penal Cole of the state of California shall be applicable to such proCreelings.

SEC. 13. Where, upon the trial of any action or proceeding under the provisions of this act for the contesting of the right of any person declared elected to an office, or to annul and set & ide such election, or to remove a person from his office, it appears from the evidence that the offense complained of was not committed by the candidate, or with his knowledge or consent, or was committed without his sanction or connivance, and that all reasonable means for preventing the commission of such offenses at such election were taken by and on behalf of the candidate, or that the offenses complained of were trivial, unimportant, and limited in character, and that in 911 other respects his participation in the election was free from euch offenses or illegal acts, or that any act or omission of the candidate arose from inadvertence or from accidental miscalculation, or from some other reasonable cause of a like nature, and in any case did not arise irom any want of good faith, and under the circumstances it seems to the court to be just that the said candidate should not forfeit his office, or be deprived of any office of which he is the incumbent, then the election of auch candidate shall not, by reason of such offense or omission (implained of, he void, nor shall the candidate be removed from or deprived of his office.

SEC. 11. An action to contest the right of any person deciared elected to an office, or to annul and set aside such elec. un, or to remove from or deprive any person of an office of which he is the incumbent, for any offense mentioned in this aci, m141, unless a different time be stated, be commenced within forty days after the return day of the election at which such offense was committed, or unless the ground of the action or proceeding is the illegal payment of money or other valuable thing subsequent to the filing of the stateinent prescribed by section three of this act, in which case the action or proceeding may be commenced at any time after such ille. gai payment. A contest of the office of governor or lieutenant. gorernor, or member of the senate or assembly, must be commenced within twenty days after the certificate of election is issued or the declaration of the result of the election.

SEC. 15. An application for filing a statement, payment of a claim, or correciion of an error or false recital in a statement

« PreviousContinue »