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thereon. All of said envelopes shall be securely kept by the said county clerk, and, ten days before election to fill any public office, he shall cause to be folded and placed in said envelope, for mailing, sample ballots containing the nominations to office certified to hiin by the secretary of state, and also all those filed with the county clerk, each of which shall be inclosed in said envelope, and cause the same to be mailerl in the United States post-office as printed matter, for delivery to each of said voters. The mailing of all of said envelopes containing sample ballots, as aforesaid, shall commence at least ten days before the time of election to fill any public office, as aforesaid, and continue so that all of said envelopes containing said sam. ple ballots shall have been mailed at least three whole days before the day of election to fill any public office, as above provided. If a new registration does not take place in any county preceding the next ensuing election, the county clerk shall cause envelopes to be addressed to each voter, together with the number of the residence of said voter, or correct post-office address, as the same appears upon the register corrected at that time, as the law provides, and cause to be inclosed therein the nominations to office certified to him, as aforesaid, and cause the same to be mailed in the manner and within the time as above provided. The clerk or the secretary of the legislative body of any incorporated city or town with whom the names of any candidates have been fileil shall mail, in the United States post-office, envelopes addressed to each voter, to. gether with the sample ballots inclosed therein, the list of noininations filed with him, in the same manner as the lists of nominations mailed by the county clerk, as proFiiled in this section. (Amendment approvedl March 23, 1893; Stats. 1893, p. 304, in effect immediately.]
This section was also amended at the session of 1891: Stats. INI, p. 168. As then amended, it read:
At least ten days beiore an election to fill any public office, the county clerk of each county shall cause to be published, in at least two newspapers of general circulation within the county, the nominations to office certified to him by the sea. zelery of state, and also all those filed with the county clerk. He shall make not less than two such publications in each of such newspapers before elecuon day, one of such publications being made upon the last day upon which such newspaper is issued before the day of election. The list of nominations published by the county clerks of the respective counties shall be arranged in the order and form in which they will be printed upon the ballot. The clerk or the secretary of the legislative body of any incorporated city or town with whom the names of any candidates have been filed shall publish in the same manner the lists of nominations filed with him; but where only one newspaper is printed in any county, city, or town, then publication in such newspaper shall be deemed sufficient; and where no newspaper is printed in such county, city, or town, publication shall be made through any newspaper designated by the board of supervisors of said county, or the legislative body of such city or town, and by posting copies of the ballot in three of the most public
places in such county, city, or town, not less than ten days before the day of election.
1195. Constitutional amendments. Whenever a proposed constitutional amendment or other question is to be submitted to the people of the state for the popular vote, the secretary of state shall duly, and not less than twentyfive days before election, certify the same to the clerk of each county of the state; and the clerk of each county shall include the same in publication provided for in section one thousand one hundred and ninety-four of this code. (Amendment approved March 20, 1891; Stats. 1891, p. 169; in effect July 1, 1891.]
1196. County clerk to provide ballots. Except as in this code otherwise provided, it shall be the duty of the county clerk of each county to provide printed ballots for every election of public officers, except elections for city or town officers, in which electors, or any of the electors, within the county participate, and to cause to be printed in the appropriate ballot the name of every candidate whose name has been certified to, or filed with the county clerk, in the manner provided for in this code. Ballots other than those printed by the respective county clerks, or the clerk or secretary of the legislative body of any in. corporated city or town, according to the provisions of this code, shall not be cast nor counted at any election. It shall be the duty of the county clerk of any consolidated city and county to provide separate ballots for every election for city and county officers in which the electors, or any of the electors, of such city or county participate, and to cause to be printed in such separate ballots the name of every candidate for a city and county office whose name has been filed with the said county clerk in the manner provided for in this code. It shall be the duty of the clerk or secretary of the legislative body of any incorporated city or town to provide separate ballots for every election for city or town officers in which the electors, or any of the electors, of such city or town participate, and to cause to be printed in such separate ballots the name of every candidate whose name has been filed with such elerk or secretary in the manner provided for in this code. All ballots shall be of the necessary size and shape to contan the names of all the candidates, together with the necessary blank spaces hereinafter provided for, and shall be printed on tinted paper furnished by the secretary of state. It shall be the duty of the secretary of state to obtain and keep on hand a sufficient supply of paper for ballots, and to furnish the same, in quantities ordered, to aay county clerk, or clerk or secretary of the legislative boly of any incorporated city or town, upon payment by them of the cost of such paper. Such paper shall be water-marked with a design to be furnished by the secretary of state, in such manner that the said water-mark shall be plainly discernible on the outside of such ballot when folded according to law. Such design shall be kept secret from all persons not engaged in the preparation, printing, or distribution of the paper or ballots, until the day of election. Such design shall be changed for each general election, and the same design shall not be used again at any general election within the space of fourteen years, but at any special or separate local election, paper marked with the design used at the previous election may be used. Nothing in this code contained shall prevent any voter from writing upon his ballot the name of any person for whom he desires to vote for any office, and such Tote shall be counted the me as if printed upon the ballot, and marked as voted for. (Amendment appareil March 20), 1891; Stats. 1891, p. 169; in effect July 1.
1197. Ballots to contain words “General ? "Vunicipal Ticket.” All ballots printed by es other than the separate ballots containing candidates for city and county officers į
county clerks of consolidated cities and counties, shall be headed “General Ticket"; and all ballots printed by county clerks of consolidated cities and counties contain ing the names of candidates for city and county offices, and also all tickets printed by the clerk or secretary of a legislative body of any incorporated city or town, shall be headed “Municipal Ticket.' Under the heading of all general tickets the respective number of the congressional, senatorial, and assembly districts in which each ticket is to be voted shall be printed, together with the following direction to voters: "To vote for a person, stamp a cross (X) in the square at the right of the name. Opposite the title of each office shall be printed a direction to the voter, specifying the number of persons to be voted for for that office, and opposite each constitutional amendment or other question to be voted upon, in separate lines, the words ** Yes" and "No." All municipal tickets containing the names of candidates for ward or district officers, in addition to such direction to voters, shall have the number of the ward or district in which such ticket is to be voted printed thereon. All municipal tickets shall be printed upon paper of a different tint from that of the general ticket. On each ballot a perforated line shall extend from top to bottom, one half inch from the righthand side of such ballot, anıl upon the half-inch strip thus formed there shall be no printing, except the number of the ballot, which shall be upon the back of such strip, in such position that it shall appear on the outside when the ballot is folded. The number on each ballot shall be the same as that on the corresponding stub, and the ballots and stubs shall be numbered consecutively in each county. All ballots shall be eighteen inches in length and four and one half inches in width, and as inany times such width as shall be necessary to contain the names of all candı. dates nominated. Where the names of candidates are printed in separate columus, such columns shall be separated by heavy rules; and on all ballots the names of candidates shall each be separated by a rule extending on the extreme right of the column. All ballots shall be printed in plain Roman type, and shall contain the name of every candidate whose nomination for any office specified in the ballot has been certified to and filed according to the prorigons of this code, and no other name; and there shall be added to all the names of candidates for each office their party or political designation. The names of the candidates for each office shall be arranged, under the designation of the office, in alphabetical order, according to surname, except that the names of candidates for the office of elector for President and Vice-President shall be arranged in groups as presented in the several certificates. of nomination, and there shall be printed at the head of each group of electors so nominated the political or party designation or principle represented by the said electors, as Republican Electors," or the like, in great primer title type, or its equivalent. There shall be left at the end of the list of candidates for each office as many blank spaces as there are persons to be elected to such office, in which the voter may insert the name of any person, not printed upon the ballot, for whom he desires to vote as candidate for such office; and the names and blank spaces on the whole ticket shall be consecutively numbered, the figures being placed on the left-hand side of such names and blank spaces. There shall be a margin on the right-hand side of the names, at least one half of an inch wide, so that the voter may clearly indicate, in the way to be hereinafter pointed out, the candidate and candidates for whom he wishes to cast his ballot; the county, city, or town in which each candidate resides may be printed in small type on the right-hand side of his name.
Whenever any ques. tion is to be submitted to the vote of the people, it shall also be printed upon the ballot in such a manner as to enable the electors to vote upon such question in the man. ner hereinafter provided. (Amendment approved March 23, 1893; Suits. 1893, p. 305; in effect unmediately.]
Voting straight tickets. - This section as it originally Was passed in 1891 (Stats. 1891, p. 170) provided for the voting of straight tickets. This clause in the statute was held unconstitutional: 96 Cal. 371.
1198. Bound books of Uckets. All ballots, when printed, shall be bound in stub-books of one hundred ballots each. A record of the number of ballots printed by them shall be kept by the respective county clerks,