for public office, and also electors, to the number hereinafter specified, may nominate candidates for public office to be filled by election within the state. A convention, within the meaning of this act, is an organized assemblage of delegates representing a political party which, at the last election before the holding of such convention, polled at least three per cent of the entire vote of the state, county, district, or other political division for which the nomination is made; provided, that in any county, township, city, or district wherein no general election shall have been held after its organization, a convention of any party polling at least three per cent of the votes cast in the precincts composing such county, township, city, or district shall have the same power, and its nominations the same effect, as though such county, township, city, or district had been organized before the next preceding general election. [Amendment approved March 20, 1891; Stats. 1891, p. 165; in effect July 1, 1891.]

1187. Certificate of nomination. All nominations made by any such convention shall be certified as follows: The certificate of nomination, which must be in writing, shall contain the name of each person nominated, his residence, and the office for which he is nominated, and shall designate the party or principle which such convention represents. It shall be signed by the chairman and secretary of such convention, who shall add to their signatures their respective places of residence, and make oath, before an officer authorized to administer the same, that the matter stated in such certificate is true to the best of their knowledge and belief, and a certificate of the oath shall be annexed to the certificate of nomination. [Amendment approved March 20, 1891; Stats. 1891, p. 166; in effect July 1, 1891.]

1188. How candidates may be nominated. 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 one thousand one 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

1

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 signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number, when he resides in a city. One of the signers of each such paper shall swear that the statements therein made are true, and that each signature to said paper appended is the genuine signature of the person whose name purports to be thereto subscribed. Such a certificate, when made as above prescribed, shall have the same effect as a certificate of nomination made by a party convention. Any person signing to such certificate of nomination any name but his own, or any person making a false oath to such certificate of nomination, shall be punished by imprisonment in the state's prison not exceeding five years. [Amendment approved March 23, 1893; Stats. 1893, p. 303; in effect immediately.]

This act was also amended at the session of 1891: Stats. 1891, p. 166. As then amended, it was as follows:

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 one thousand one 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 five 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 signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number, when he resides in a city. One of the signers of each such certificate shall swear that the statements therein made are true, to the best of his knowledge and belief, and a certificate of such oath shall be annexed. Such a certificate, when made as above prescribed, shall have the same effect as a certificate of nomination made by a party convention.

An act to authorize the use of the ballot paper now the property of the state.

[Approved March 31, 1891; Stats. 1891, p. 452.]

SECTION 1. The secretary of state is hereby authorized and required to utilize the ballot paper in his custody for county and municipal ballots, in coming elections, to the best advan

tage.

SEC. 2. This act shall take effect from and after its passage.

1189. Where certificates 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 offices to be filled by the electors of the entire state, or for members of the state board of equalization, state board of railroad commissioners, or house of representatives. 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 offices, 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 fifteen days before the day of election. [Amendment approved March 20, 1891; Stats. 1891, p. 167; in effect July 1, 1891.]

1190. No person to recommend two candidates. No certificate of nomination shall contain the name of more than one candidate for each office to be filled. No person shall join in nominating, under the provisions of this code, more than one nominee for each office to be filled; and no person who has voted in a convention for or against a candidate for any office shall join in nominating, in any manner, any other nominee for that office, and no person shall accept a nomination to more than one office. [Amendment approved March 20, 1891; Stats. 1891, p. 167; in effect July 1, 1891.]

1191. Certificates to be preserved. The secretary of state shall preserve in his office for the period of two years all certificates of nomination filed therein under the provisions of this code; and each county clerk shall preserve in his office for a like period all certificates of nomination filed therein under the provisions of this

code; and each clerk or secretary of the legislative body of any incorporated city or town shall, for a like period, preserve in his office all certificates of nomination filed therein under the provisions of this code. [Amendment approved March 20, 1891; Stats. 1891, p. 167; in effect July 1, 1891.]

The section superseded by the above amendment related to the form of ballots As to the heading of tickets under the superseded section, see 92 Cal. 135; as to the effect of illegal marking, see the same case; as to spurious printed ballots, see 83 Cal. 70; as to effect of a short ballot, see 67 Cal. 497. These decisions were under the section superseded.

1192. When certificates to be filed. 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 elec tion of the persons in nomination when the nomination is made by a convention, and not more than sixty days and not less than thirty 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. Certificates of nomination required to be filed with the county clerks, or with the clerk or secretary of the legis lative body of any city or town, shall be filed not more than fifty nor not 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 twenty days before the day of election when the nomination is made by electors. 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 no nomination shall be made or certified at a period before the day of election less than the minimum number of days provided for filing certificates of nomination made under this code. 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. 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 that of the original nominee. Any person whose name has been presented as a candidate may, at least five days before the making of the publication of the nominations prescribed in this section, cause his name to be withdrawn from nomination, by filing with the secretary of state and county clerk 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. [Amendment approved March 20, 1891; Stats. 1891, p. 167; in effect July 1, 1891.]

1193. Secretary of state to certify. Not less than twenty-five days before an election to fill any public office, the secretary of state shall certify to the county clerk of each county within which any of the electors may by law vote for candidates for such office, the names of each person nominated for such office, as specified in the certificate of nomination filed with the secretary of state. [Amendment approved March 20, 1891, Stats. 1891, p. 168. In effect July 1, 1891.]

1194. Duty of county clerk. At least fifteen days before an election to fill any public office, the county clerk of each county shall cause to be sent to the chairman of the county committee of each organized political party of each county the nominations to office certified to him by the secretary of state, and also all those filed with the county clerk. In all counties where a new registration shall take place preceding the next ensuing election, the county clerk shall cause the name of each voter, as enrolled, to be addressed upon an envelope, and also the number of the residence of said voter, or the correct postoffice address of said voter, as the same is written on said register, and which name and address shall be written on the envelope at the time that each voter is duly registered