and by the clerk or secretary of the legislative body of each incorporated city or town. [Amendment approved March 20, 1891; Stats. 1891, p. 172; in effect July 1, 1891.]

1199. Number of tickets to be furnished. The county clerk of each county shall provide, for each election precinct in the county, not less than one hundred general tickets for every fifty or fraction of fifty electors registered in the election precinct; and in case of a consolidated city and county, an equal number of municipal tickets, when any city and county officers are to be elected; and the clerk or secretary of the legislative body of any incorporated city or town shall furnish a like number of municipal tickets when any city or town officer is to be elected. [Amendment approved March 20, 1891, Stats. 1891, p. 172; in effect July 1, 1891.]

1200. Errors. Whenever it shall appear by affidavit that an error or omission has occurred in the publication of the name or description of the candidates nominated for office, or in the printing of the ballots, the superior court of the county, or the judge thereof, shall, upon application by any elector, by order, require the county clerk to correct such error, or to show cause why such error should not be corrected. [Amendment approved March 20, 1891; Stats. 1891, p. 172; in effect July 1, 1891.]

1201. Tickets to be delivered. Before the opening of the polls at any election within any county, the county clerk of the county shall cause to be delivered to the boards of election of each election precinct which is within the county, and in which the election is to be held, at the polling-place of the election precinct, the proper number of general tickets of the kind to be used in the election precinct, in sealed packages, with marks on the outside clearly designating the precinct or polling-place for which they are intended, and the number of ballots inclosed, and in case of a consolidated city and county, also a like number of municipal tickets; and the clerk or secretary of any incorporated city or town shall in like manner cause to be delivered the proper number of municipal tickets. The county clerk, clerk, or secretary shall prepare a receipt for each polling-place, enumerating the packages, and

stating the time and day and date when the same were delivered by him to the inspectors of election. The inspectors of election shall sign said receipt upon receipt of the packages, which shall forthwith be returned and filed. The county clerk, clerk, and secretary, respectively, shall have authority to employ such messengers as may be necessary to insure the safe and expeditious delivery of the ballots to the inspectors or judges of election, as provided in this code, and the board of supervisors, or other board or body having the control of elections, shall allow such messengers a reasonable compensation for their services, to be paid as other election expenses are paid. In case of the prevention of an election in any precinct by the loss or the destruction of the ballots intended for that precinct, the inspector, or other election officer for that precinct, shall make an affidavit setting forth the fact, swear to the same before an officer authorized to administer oaths, and transmit it to the governor of the state. Upon receipt of such affidavit, the governor may order a new election in such precinct, and upon the application of any candidate for any office to be voted for by the electors of such precinct, the governor shall order a new election in such precinct. [Amendment approved March 20, 1891; Stats. 1891, p. 172; in effect July 1, 1891.]

Obscurity in name or office: 67 Cal. 469; 67 Cal. 497. The section of the code under which these decisions were rendered was superseded by the above amendment.

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. 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. In making appointments of such ballot clerks, 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.

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; provided, that whenever a general and a 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. [Amendment approved March 23, 1893; Stats. 1893, p. 303; in effect immediately.] This section was also amended in 1891: Stats. 1891, p. 173.

1203. Polling-places and ballot-boxes. All officers upon whom is imposed by the law of state the duty of designating polling-places shall cause such pollingplaces to be suitably provided with a ballot-box, to be marked on the outside "General Tickets," and when any city, city and county, or town officers are to be elected, a second ballot-box, to be marked on the outside "Municipal Tickets," and shall also provide a sufficient number of places, booths, or compartments at or in which voters may conveniently mark their ballots, so that in the marking thereof they may be screened from the observation of others, and a guard-rail shall be so constructed and placed that only such persons as are inside said rail can approach within six feet of the ballot-boxes, and of such booths or compartments. The arrangements shall be such that neither the ballot-boxes nor the box-booths or compartments shall be hidden from the view of those just outside the said guard-rail. The number of such voting-booths or compartments shall not be less than one for every forty electors qualified to vote in the precinct. No person other than electors engaged in receiving, preparing, or depositing their ballots shall be permitted to be within said rail before the closing of the polls, except by authority of the board of election, and then only for the purpose of keeping order and enforcing the law. Each of said votingbooths or compartments shall be kept provided with proper supplies and conveniences for marking the ballots. [Amendment approved March 23, 1893; Stats. 1893, p. 306; in effect immediately.]

This section was also amended in 1891t Stats. 1891, p. 173. 1204. How ballot is obtained. Any person desiring to vote shall give his name and address to one of the ballot

clerks, who shall then, in an audible tone of voice, announce the same, and if the other ballot clerk finds the name on the register, he shall, in like manner, repeat the name and address, whereupon a challenge may be interposed, as provided in section one thousand two hundred and thirty of this code. If the challenge be overruled, the ballot clerk shall give him a ticket, and the clerk shall write on the register, opposite the name of the voter, the number of the general ticket given him, and also the number of the municipal ticket given him, when any city, city and county, or town officer is to be elected; and the voter shall be allowed to enter the place inclosed by the guardrail, as above provided. The ballot clerk shall give him but one general ticket, and where any city, city and county, or town officers are to be elected, also one municipal ticket, and only one ballot of each kind. [Amendment approved March 20, 1891; Stats. 1891, p. 174; in effect July 1, 1891.]

Erasure and substitution of name: 91 Cal. 526. This decision was under the section superseded by the above amendment.

1205. How to vote, and voting. On receipt of his ballot, the elector shall forthwith, and without leaving the inclosed space, retire alone to one of the places, booths, or compartments provided, to prepare his ballot. He shall prepare his ballot by marking a cross after the name of the person or persons for whom he intends to vote, thus (X); and in case a constitutional amendment or other question submitted to the vote of the people, by marking in the appropriate margin a cross (X) against the answer which he desires to give. Such marking shall be done only with a stamp, which, with necessary pads and ink, shall be provided by the officers who are by this code required to furnish election supplies, for each booth or compartment provided, for the marking and preparation of ballots. Before leaving such booth or compartment, the elector shall fold his ballot in such a manner that the number of the ballot shall appear on the outside thereof, without displaying the marks on the face thereof, and shall keep it folded until he has voted. Having folded his ballot, the voter shall deliver it folded to the

inspector, who shall announce in an audible tone of voice the name of the voter and the number of his ballot. The ballot clerk having the register in charge, if he finds the number to correspond with the number marked opposite the voter's name on the register, shall, in like manner, repeat the name and number, and shall mark opposite the name the word "voted.' The inspector shall then separate the slip containing the number from the ballot, and shall deposit the ballot in the box. The numbers of all ballots voted shall be immediately destroyed. [Amendment approved March 23, 1893; Stats. 1893, p. 306; in effect immediately.]

Voting straight ticket. This section as it was originally 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.

1206. Occupancy of booths. Not more than one person shall be permitted to occupy any one booth at one time, and no person shall remain in or occupy a booth longer than necessary to prepare his ballot, and in no event longer than ten minutes. [Amendment approved March 20, 1891; Stats. 1891, p. 175; in effect July 1, 1891.]

1207. Spoiled ballots — Unused ballots. Any voter who shall spoil a ballot shall return such spoiled ballot to the ballot clerk and receive another one in its place, one at a time, not to exceed three in all. All the ballots thus returned shall be immediately canceled, and, with those not distributed to the voters, shall be returned with the registered list and ballots, as now provided in sections one thousand two hundred and sixty-three and one thousand two hundred and sixty-four of this code. Every elector who does not vote the ballot delivered to him shall, before leaving the polling-place, return such ballot to the ballot clerks having charge of the ballots, who shall immediately cancel the same and return them in the same manner as spoiled ballots. The ballot clerks shall account for the ballots delivered to them by returning a sufficient number of unused ballots to make up, when added to the number of official ballots cast and the number of spoiled ballots returned, the number of ballots given to them, and it shall be the duty of the officers receiving such returned