Appointment and oath to accompany returns. Two lists of assisted voters kept and returned. Certificate as to death or removal thereof. One of such officers shall be chosen by the inspector then receiving the ballots, and the other shall be chosen by one of the judges; neither of the appointing officers being so chosen (see note immediately hereafter). The officers chosen shall thereafter give no information regarding the marking of said ballot. The appointing officers shall make the appointment in writing, and sign the same, and upon the same paper the officers appointed shall subscribe and take the following oath before assisting the elector : "State of California, County of District number and 6- Assembly precinct. ss. being duly sworn, each for himself, says that he is one of the officers of election appointed to assist (here insert name of elector) in marking his ballot, and that he will not give any information, now or hereafter, regarding the same. This oath may be sworn to before any one of the officers of election other than those signing the oath (Pol. Code, Sec. 1208). The written appointment with the oath and endorsements thereon shall be returned to the county clerk or other officer to whom the returns are to be made as provided hereafter in the case of lists of those assisted (Pol. Code, Sec. 1208). Two lists of the voters who have been so assisted shall be kept and be returned and preserved as the poll lists are returned and preserved. NOTE. Owing to the repeal in 1915 of section 1143 of the Political Code, which provided that the Judges appointed upon an election board must not be of the same political party, the provision in section 1208 of the Political Code requiring the officers appointed to assist a voter to be of different political parties could not in many instances be complied with, and that part of the section is therefore not stated above as a requirement and shall be disregarded by the election officers. If at any election it is within the knowledge of the board of election in a precinct, or of any officer thereof, that a person whose name appears upon an affidavit of registration furpany returns. nished for use at that precinct is dead, or has removed from of electors to accom Electioneering forbidden. that precinct, a certificate to that effect, or a certified list of such persons, if there be more than one, shall be made by such board or officer and the same shall accompany the other returns (Pol. Code, Sec. 1106, sub. 6). No officer of election, nor any person, shall solicit a vote or do any electioneering on election day within one hundred feet of any polling place, nor shall any person ask another at a polling place for whom he intends to vote (Pol. Code, Sec. 1215), or speak to a voter on the subject of marking his ticket, within one hundred feet of the polling place, except an officer of election when required to do so by law and when properly authorized to assist a voter (Pol. Code, Sec. 1215). and ballots removed or No person shall during an election, remove or destroy any Supplies of the supplies or other conveniences in the booths, nor remove, not to be tear down, or deface the cards of instructions (Pol. Code, estroyed. Sec. 1214), or, unless otherwise provided by law, remove any ballot from any polling place before the closing of the polls (Pol. Code, Sec. 1215). clerks shall ballots The ballot clerks shall account for the ballots delivered to Ballot them at the opening of the polls by returning at the closing account for of the polls a sufficient number of unused ballots to make up, delivered when added to the number of official ballots cast and the to them. number of spoiled ballots returned, the number of ballots given to them, and it shall be the duty of the officers receiving such returned ballots to compel such accounting (Pol. Code, Sec. 1207). herein to all All provisions governing elections, except as herein noted, Provisions apply in equal force to the presidential primary election, the applicable August primary election and to all other primary elections held under the Direct Primary Law (Pres. Prim. Act, Sec. 9; elections Direct Prim. Law, Sec. 32, sub. 3). CLOSING THE POLLS. primary , except as noted. closing The polls shall be closed at seven o'clock p.m. on the day of Time of election (Pol. Code, Sec. 1160), provided, however, that if at polls." the hour of closing there are any voters in the polling place, or in line at the door, who are qualified to vote and have not been able to do so since appearing, the polls shall be kept open a sufficient time to enable them to vote. But no one who shall arrive at the polling place after seven o'clock p.m. on that day shall be entitled to vote, although the polls may be open when he arrives (Pol. Code, Sec. 1164). tion. When the polls are closed that fact must be proclaimed aloud Proclamaat the place of election; and after such proclamation no ballot shall be received (Pol. Code, Sec. 1164). must be All members of the board of election shall be present at the All members closing of the polls (Pol. Code, Sec. 1142). present. unused same. Immediately upon the closing of the polls, and before any Deface ballot shall be taken from the ballot box (or from either ballot ballots, box if there be two, as in case there are also municipal tickets), enclose in the ballot clerks must, in the presence of all persons in the and seal room who may desire to observe the same, proceed to deface every unused or spoiled ballot, by drawing across the face thereof, in writing ink, with a pen, two lines which shall cross each other, and said clerks shall thereupon immediately, and before any ballots be taken from the ballot box (or ballot boxes), place all said ballots thus defaced within an envelope. and seal said envelope, and thereupon a majority of the election officers shall immediately write their names across the sealed portion of said envelope (Pol. Code, Sec. 1207). Board shall canvass vote. At least four members shall act. Members to relieve each other during the canvass. General ticket to be canvassed before municipal ticket. Canvass must be public. How commence canvass. Count number of ballots. Ballots rejected. Replace ballots in box, and if excess number draw such excess and destroy same. Poll lists shall be signed by members of board. Members of board shall sign roster and other lists. CANVASSING THE VOTE. As soon as the polls are closed and the spoiled and unused ballots have been defaced and enclosed in an envelope and the same is sealed, the board of election for a precinct shall canvass the votes cast in that precinct. The members of said board shall relieve each other in the duties of canvassing the ballots which may be conducted by at least four members of the board; provided, that the final certificate shall be signed by a majority of the whole board (Pol. Code, Sec. 1142). At all elections where a general ticket and a municipal ticket are used, the canvass of the general ticket shall be completed before the canvass of the municipal ticket is commenced (Pol. Code, Sec. 1257). The canvass must be public, in the presence of the bystanders, and must be continued without adjournment until completed and the result thereof is declared (Pol. Code, Sec. 1252). The canvass shall be commenced by taking out of the ballot box the ballots unopened (except so far as to ascertain whether each ballot is single), and counting the same to ascertain whether the number of ballots corresponds with the number of names on the lists of voters kept by the clerks. If two or more separate ballots are found so folded together as to present the appearance of a single ballot, they must be laid aside until the count of the ballots is completed; then, if upon comparison of the count with the number of names of electors on the lists which have been kept by the clerks, it appears that the ballots thus folded together were cast by one elector, they must be rejected (Pol. Code, Sec. 1254). The ballots having been counted, they must be immediately replaced in the ballot box (except those, if any, which were folded together and rejected as cast by one elector), and if the ballots so replaced in the box exceed in number the names on the lists, one of the judges must publicly, and without looking into the box, draw out therefrom singly, and destroy, unopened, a number of ballots equal to such excess. The board shall make a record, upon the poll list of the number of ballots so drawn and destroyed (Pol. Code, Sec. 1255). The number of ballots agreeing, or being thus made to agree, with the number of names on the lists, that number shall thereupon be set down in words and figures in the certificate of the board at the end of each list and the members of the board shall affix their signatures to said certificate (Pol. Code, Secs. 1174 and 1256). The members of the board shall also affix their signatures to the roster, and to the challenge list, the two lists of assisted voters, and the death and removal list if any. After the lists are thus signed, the board must proceed to open the ballots and count and ascertain the number of votes cast for each person voted for, drawing but one ballot from the box at a time (Pol. Code, Sec. 1257). Void and ballots. How To determine the legality or validity of any ballot, or improperly whether the same has been properly marked for any candidate, marked proposition or other matter thereon, and in what manner and determined to what extent an improperly marked ballot shall be counted, and counted. the board shall, when canvassing the votes, be governed by the Hereafter provisions hereinafter set forth under the heading "Void and discussed. Improperly Marked Ballots. How Determined and Counted." There shall be kept two lists of the vote cast for each can- Two tally didate, called the tally lists or tally sheets. At any election provided for by section 1044 of the Political Code but one tally list and one copy of such tally list need be kept (Pol. Code, Sec. 1151). lists. keep tally These tally lists shall be kept simultaneously by at least two Two members members of the board and there shall always be at least two lists and members looking at the vote on the ballot while one of said two members two members is reading the vote therefrom to be tallied (Pol. Code, Sec. 1142). read ballots. how kept. Each officer keeping the tally list shall write thereon (if not Tally lists, already thereon) each office to be filled, and the name of each person marked in each ballot as voted for to fill such office, and keep the number of votes by tallies as they are read aloud by one of the other election officers. Such tallies must be made with pen and ink as the name of each candidate voted for is read aloud from the respective ballots (Pol. Code, Sec. 1258). The ballot so read and the tally sheet so kept must, during Ballots and the reading and tallying, be within the clear view of watchers to be in at the count (Pol. Code, Sec. 1258). tally lists view of watchers. vote thereon The ballot, as soon as the names marked on it as voted for Ballot when are read and verified, must be strung on a string by one of the read and election officers, and must not thereafter be examined by any tallied to be person (Pol. Code, Sec. 1259). strung on string. ballots to Upon all ballots rejected for illegality there must be indorsed Rejected the cause of such rejection signed by a majority of the election be indorsed board and thereafter such ballots shall be strung upon a string and strung. (Pol. Code, Sec. 1257), which shall be a separate string from that upon which the unrejected ballots are strung. pleting tallies initial same. Immediately upon the completion of the tallies the officers Upon comwho respectively complete the same must draw two heavy lines officers shall in ink from the last tally mark to the end of the line in which such tallies terminate, and also write the initials of the person making the last tally in such line (Pol. Code, Sec. 1258). As soon as all the ballots are counted they must be carefully sealed in a strong envelope and each member of the shall write his name across the seal (Pol. Code, Sec. Ballots when all board counted 1259). sealed in must be envelope. Certificate of board as to vote. tally lists. Immediately thereafter there shall be attached to the tally lists (or filled out thereon if the form used has provision Attached to therefor), lists containing the names of persons voted for and for what office, and the number of votes given for each candidate, the number being written at full length, and such lists so attached (or filled out) shall be signed by the members of the board substantially in the form in which they are required to sign the poll lists (Pol. Code, Sec. 1260). How conduct canvass at primary election under direct primary law of 1913. How conduct canvass at tion under direct as amended in 1916. At any primary election held under the Direct Primary Law of 1913 (if the amendments thereto be not effective, as heretofore noted), the number of ballots agreeing or being made to agree with the number of names on the lists as heretofore stated, the board must take the ballots from the box, count those cast by each party, and string them separately; count all the votes cast for each party candidate for the several offices and record the same on the tally lists; and count all the votes on all the ballots, both party and nonpartisan, for the candidates for judicial, school, county, and township offices, and record the same on the tally lists; and the ballots of each party must be sealed and returned in separate envelopes, and the nonpartisan ballots must be sealed and returned in another separate envelope. In all other respects the canvass shall be conducted, completed and returned as herein stated with respect to elections generally (Direct Prim. Law of 1913, Sec. 21). At any primary election held under the Direct Primary primary elec- Law as amended in 1916 (if such amendments shall become effective as heretofore noted), the board of election shall count primary law all the votes cast for each party candidate for the several offices and record the same by parties on the tally lists; and count all the votes on all the ballots for the candidates for judicial, school, county, and township offices, and record the same on the tally lists. No vote shall be counted for any party candidate unless stamped or written in the column of that party which the voter was entitled to vote; and all votes written in such column shall be counted only as cast for the nomination of such candidate as the candidate of the party whose name appears at the head of the column. In all other respects the canvass shall be conducted, completed and returned as herein stated with respect to elections generally (Direct Prim. Law, as amended in 1916, Sec. 21). How conduct canvass at primary At any presidential primary election the canvass shall be presidential conducted, completed and returned as herein stated with election. respect to elections generally, except in those particulars in which as hereinbefore noted a different procedure is prescribed by the Direct Primary Law, in which case the board of election shall follow that procedure (hereinabove stated) prescribed by the provisions of the Direct Primary Law in effect at the time of such presidential primary election (Pres. Prim. Act, Sec. 9; Direct Prim. Law, Sec. 21). |