Book of affidavits of Nearby, so that the signature on the roster may be compared with that on the affidavit of registration, shall be placed the registration. book of affidavits of registration, and an index thereto, which shall be in the care of one of the clerks (Pol. Code, Sec. 1204). Close at hand shall be the two poll lists, which consist Poll lists. respectively of blank sheets of paper bound together with numbered lines upon which two of the clerks, each taking charge of one list, shall enter the name of each person who votes in the order of voting so that the number in such order corresponds to the number of the line (Pol Code, Sec. 1229). At the head of these poll lists, if not already stated, one of the officers shall designate in writing the election and date thereof, and the number or name of the precinct. When the precinct is a special election or consolidated election precinct or when the election is one provided for by section 1044 of the Political Code but one poll list need be kept (Pol. Code, Sec. 1151). The stub-books or pads of ballots shall be put in the charge Ballots. of one or more of the officers and a ballot shall be detached therefrom only when it is to be delivered to an elector to vote. The number of ballots so delivered to such officers shall be noted and such number accounted for upon the closing of the polls, as hereinafter stated (Pol. Code, Sec. 1207). The ballot-box shall be in the charge of the inspector when Ballot box. he is present, and when he is absent one of the other officers should take charge thereof. All other supplies not in immediate use should be carefully preserved for use when needed either during the progress of the election or upon canvassing the vote and making return thereof. polling If for any reason the polling place designated can not be Change of used, the board of election acting for that precinct on election place. day shall designate another polling place as near thereto as possible, post notice of the change on or near the place first designated and remove all election supplies to and conduct the election at the place last designated (Pol. Code, Sec. 1132). In such case the new polling place shall be arranged as provided in section 1203 of the Political Code for the arrangement of polling places. In no event shall the polling place be a saloon or other place where intoxicating liquor is sold or dispensed, nor shall it be connected by a door, window or other opening with a saloon or other room or place where such liquor is sold or dispensed (Pol. Code, Sec. 1131). OPENING OF THE POLLS. opening At all elections, state, county or municipal, general, special Time of or primary, the polls must be opened at six o'clock a.m. on the polls. day of election and must be kept open until seven o'clock p.m. of the same day, when they shall be closed, except for the purpose, as hereinafter stated, of permitting those present to vote (Pol. Code, Secs. 1160 and 1164). 3-22303 Proclamation. Ballot box. Officers must be present at polls. Officer ceasing to act, another to be appointed. No adjournment or Before receiving any ballots to be voted, the board of election shall cause it to be proclaimed aloud at the polling place by one of its members that the polls are open (Pol. Code, Sec. 1163). Before any ballots are received to be voted, the board shall, in the presence of any persons assembled at the polling place, open and exhibit and close the ballot box; and thereafter it shall not be opened until the polls are finally closed, nor shall it be removed from the polling place or from the presence of the bystanders until all the ballots are counted (Pol. Code, Sec. 1162). OCCUPATION OF BOOTHS AND POLLS. No person other than electors engaged in receiving, preparing or depositing their ballots, shall be permitted within the rail in front of the ballot box 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 (Pol. Code, Sec. 1203). Not more than two members of the board shall be absent from the polling place at any one time, and all must be present at the closing of the polls (Pol. Code, Sec. 1142); provided, however, that at the May presidential primary election (Presidential Primary Act, Sec. 9), at the August primary election and at any other primary election held under the provisions of the Direct Primary Law, no more than one member of the board shall at any time be absent from the polling place (Direct Primary Law, Sec. 20). While a member is absent his duties should be performed by one of the other members to be designated by the inspector, or, in his absence, by the board. If during the progress of the election any judge or clerk ceases to act or becomes incapacitated from acting the inspector should appoint another person to act as such judge or clerk as the case may require (Pol. Code, Sec. 1145), but if the cessation or incapacity is merely temporary the duties of the absent member should be performed by one of the other members to be designated by the inspector, or, in his absence, by the board. If the inspector ceases to act or becomes incapacitated the remaining members of the board shall designate one of their number to perform the duties until the vacancy is filled. No adjournment or intermission whatever shall take place intermission. until all votes cast at the polling place are counted and the result publicly announced thereat, but this shall not be deemed to prevent the temporary absence of a member while eating or doing any other necessary act. VOTING. commence. Voting may commence as soon as the polls are opened and When may may be continued during all the time they remain open (Pol. Code, Sec. 1224). vote. Only those persons may vote who possess the qualifications who may prescribed for an elector by section 1 of article II of the state constitution, and who have registered on or before the thirtyfirst day prior to the election then being held. elector" Whenever the term "qualified elector" is used herein or in "Qualified any law of this State relating to elections, there is meant defined. thereby one who possesses the constitutional qualifications. These qualifications are hereafter dealt with separately in this digest under the headings "Qualification of Voters" and "Challenge." Whether a person claiming the right to vote has registered shall be determined, in the manner hereinafter stated, by one of the election officers from the affidavits of registration, and indexes thereto, furnished by the county clerk or registrar of voters for use at the particular precinct. shall sign roster. Any person desiring to vote shall write his or her name and Elector address (or if he or she be unable to write, shall have the same written for him or her) on the roster of voters provided for that purpose, and announce the same to one of the election officers, who shall then in an audible tone of voice announce the same, and, if the election officer having charge of the affidavits of registration finds the name of that person on one of these affidavits as signer thereof, he shall in a like manner repeat the name and address, whereupon a challenge may be interposed as provided in section 1230 of the Political Code (Pol. Code, Sec. 1204). The subject of challenge is hereafter dealt with separately Challenge in this digest under the heading of "Challenge." (See discussion hereafter). vote When has changed name. In case the surname of any female person offering to has been changed by reason of marriage or divorce since female voter registration, such person shall sign her name as it was before such marriage or divorce and also her name as it is at the time she votes, indicating on the roster by brackets or other means, that the two names are the names of one person (Pol. Code, Sec. 1204). affiliation, At all elections (other than an August primary election or Party a municipal primary election under the Direct Primary Law when not of 1913, if the amendments thereto of 1916 do not become material. effective as hereinafter noted) an elector otherwise qualified to vote is entitled to vote without regard to the name of the political party, if any, designated on his affidavit of registration, and irrespective of the fact that when registering he failed or declined to state any political affiliation. May presidential primary. Party affiliation must be stated on roster. At May presidential primary not material what party affiliation was stated when registering. August or municipal primary under direct primary law of 1913. Ballot delivered to elector depends on statement as to party affiliation when registering. Note as to August or municipal primary under direct as amended At the May presidential primary election any person desiring to vote shall, on writing his name or having it written for him on the roster, likewise write or have written for him on the roster, the name of the political party with which he intends to affiliate in voting for candidates for office at the next ensuing November election. He shall then, in an audible tone of voice, declare to the election officer from whom he receives his ballot the name of such political party, and the clerk whose duty it is to write the name of the elector on the poll list shall also write opposite such name the name of said political party. Thereupon said elector (provided he is otherwise qualified to vote, and has not been challenged, or, if challenged, the challenge has been overruled) shall be given the ticket of that political party only and he shall be permitted to vote the same (Presidential Primary Act, Sec. 6). At the May presidential primary election an elector otherwise qualified to vote is entitled to vote the ticket of that political party the name of which he has at said election written on the roster and declared as aforesaid, notwithstanding the fact that his affidavit of registration contains the name of the same or a different political party or does not contain the name of any political party, and notwithstanding the fact that when registering he failed or declined to state the name of any political party with which he intended to affiliate. At an August primary election held under the provisions of the Direct Primary Law, approved June 16, 1913, and at any primary election held under the provisions of that law to nominate candidates for municipal officers, any person desiring to vote shall, on writing his name, or having it written for him, on the roster (and provided he is otherwise qualified to vote, and has not been challenged, or, if challenged, the challenge has been overruled), receive the official primary election ballot of the political party designated in his affidavit of registration (or the nonpartisan ballot, provided no such party was so designated), and no other. NOTE. The Direct Primary Law of 1913 was amended at the extra session of the legislature in 1916 by an act approved January 11, 1916. That act will become effective on April 11, 1916, unless it is suspended by the filing with the Secretary of State on or before April 10, 1916, of a referendum petition signed by a sufficient number of qualified electors. At the time this digest is compiled it is impossible to state whether such act will or will not become effective. If that act is suspended no attention should be paid to the matter hereinafter stated as to the procedure at elections held under the Direct Primary Law as amended January 11, 1916, unless hereafter such act is approved at an election at which it is submitted to the electors. If no such referendum petition is filed, the act of January 11, 1916, will be effective on April 11, 1916, and in that event at any election thereafter held under the Direct Primary Law the procedure will be as hereinafter next stated. At an August primary election held under the provisions of the Direct Primary Law approved January 11, 1916, and primary law at any municipal primary election held under the provisions of said law as so amended to nominate candidates for municipal offices, any person desiring to vote shall, on writing his name or having it written for him on the roster, likewise write or have written for him upon the roster the name of the in 1916. Party affiliation must be stated on political party with which he intends to affiliate in voting for candidates for office at the next ensuing November election. He shall then, in an audible tone of voice, declare to the election officer from whom he receives his ballot the name of such political party, and the clerk whose duty it is to write the name of the elector on the poll list, shall also write opposite such name the name of said political party. At such August primary election, and at such municipal primary election, the officer having charge of the ballots, before giving the elector his ballot shall write with ink, or, with a stamp provided for the purpose, stamp the word "Cancelled" across the tops of the party columns, and shall draw a blue pencil line down the middle of such columns, which are headed by the names of all the political parties except that with which the elector thus declares his intention to affiliate, and the elector (provided he is otherwise qualified to vote and has not been challenged, or, if challenged, the challenge has been overruled), shall then be given such ballot and shall be entitled to vote only for candidates for nomination to offices printed or written in under the name of such party as is not thus marked "Cancelled," and for candidates for nomination to offices printed or written in the columns under the heading "Nonpartisan Offices." If the voter does not express a desire to affiliate with any party, he need not write or declare, or have written for him the name of any political party, and in such case the election officer shall write or stamp the word "Cancelled" and draw the blue line across the names of all candidates for nomination to office in the party columns, and the elector (provided he is otherwise qualified to vote and has not been challenged, or, if challenged, the challenge has been overruled) shall then be given such ballot and shall not be entitled to vote for any such party candidates, but may vote for candidates for nomination to offices printed or written in the columns under the heading "Nonpartisan officers" (Direct Primary Law, Sec. 17, as amended Jan. 11, 1916). or municipal primary law in 1916 not what party when regis At any such August primary election held under the pro- At August visions of the Direct Primary Law as amended by the act primary approved January 11, 1916, and at any such municipal primary under direct. election held under the provisions of said law as so amended as amended to nominate candidates for municipal offices, an elector other- material wise qualified to vote is entitled to vote the ticket of that affiliation political party the name of which he has at said election writ- was stated ten on the roster and declared as aforesaid, notwithstanding tering, but the fact that his affidavit of registration contains the name of the same or a different political party, or does not contain challenged the name of any political party, and notwithstanding the fact signed nomithat when registering he failed or declined to state the name of candidate of any political party with which he intended to affiliate. But of another at any such election the right of an elector to vote the ticket of the party the name of which he has written on the roster may be challenged upon the ground that he has previously elector may be nation paper party. |