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When by
County
Clerk.

When by Justice of the Peace.

When by
Inspector.

When by electors at the polls.

Code, Sec. 1142). For a state or county election the appointing power is the board of supervisors, and for a municipal election the city council or board of trustees of the city, except in a city, county, or a city and county, having a charter, in which case the appointing power is in that board or officer in whom it is vested by the terms of such charter (Pol. Code, Secs. 1075, 1076).

If the election officers for any precinct have not been designated by the fifteenth day prior to the election, the county clerk is required to appoint such officers (Pol. Code, Sec. 1142), and if they have not been designated by the tenth day prior to the election the justice of the peace having jurisdiction over the territory comprising such precinct is required to appoint such officers (Pol. Code, Sec. 1132).

If the justice fails to perform the duty imposed upon him, the inspector, if one has been appointed, shall perform such duty (Pol. Code, Sec. 1132), but must do so before the time for opening the polls.

If those appointed on an election board, or any of them, do not attend at the opening of the polls on the morning of an election, those qualified electors of the precinct present at that hour, including members of the board, if any, shall appoint qualified electors of the precinct present to fill the vacancies, as the case may require (Pol. Code, Sec. 1132).

The election precincts at each general state election, August

primary election and presidential primary election shall be estabilished. the regular election precincts established pursuant to law by

the proper officials.

For each regular precinct a board of election consists of

one inspector, two judges and three clerks, except that in any precinct.

precinct in which the total registration does not exceed one hundred electors, the board consists of one inspector, one judge and two clerks (Pol. Code, Sec. 1142).

Special election or consolidated election precincts may be established for any election mentioned in section 1044 of the Political Code (Pol. Code, Sec. 1133).

When special election or consolidated election precincts have been established for any municipal election provided for in

section 1044 of the Political Code, the board of election for consolidated each such precinct consists of two inspectors, two judges and precincts.

two clerks. When special election or consolidated election precincts have been established for any other election provided for by section 1044 of the Political Code, the board of election for each such precinct consists of one inspector, one judge and two clerks (Pol. Code, Sec. 1151).

The elections provided for in section 1044 of the Political provided for Code are all municipal elections, where the same are held by Pol.Code, separate from state elections, all elections to elect boards of

freeholders, or to vote upon proposed charters, or upon amendments to existing charters, and all other special elections,

Regular precincts. For which

.

Number on board; regular

Special or
consolidated
precincts
For which
elections
established.

Number on board; special or

What elections are

Sec1044

tions of

sation

.

including all special elections to vote upon or for or against any proposition or question authorized to be submitted to a vote (Pol. Code, Sec. 1044).

No person is eligible to act as an officer of election at any qualificaprecinct who is not actually a resident of that precinct and members. a registered and qualified elector thereof, or who has within ninety days preceding such election been employed in any capacity, other than that of an election officer, by any county, or city and county, or incorporated city or town in which he resides; nor is any person eligible to act as a member of any election board who can not read and write the English language (Pol. Code, Sec. 1142).

Each member upon a board of election in any county, or Compencity and county, shall receive as compensation for his services a sum not to exceed ten dollars, to be paid by the county, or city and county, in which he acts (Pol. Code, Sec. 1072).

When, however, a person acts as an election officer at a municipal election he is to be paid by that municipality such compensation as its governing body shall determine.

The officers for primary elections shall be the same, and For primary shall be appointed in the same manner, and shall receive the officers how same compensation, as provided by law for general elections appointed. (Direct Prim. Law, Sec. 16, Pres. Prim. Act, Sec. 9).

It is a misdemeanor for any person who can not read and Penalties. write the English language to act as a member of an election board, or for any person, who is otherwise eligible, to refuse to act upon such board after proper notification of his appointment, unless good and sufficient cause for such refusal is shown to the election board or board of supervisors (Pen. Code, Sec. 49a), or for any person, who has agreed to serve and has been regularly appcinted as an election officer, to fail to act as such without lawful excuse (Pol. Code, Sec. 1142).

It is a felony to act as an election officer at any election without first having been appointed and qualified as such, or, not being an election officer, to perform any of the duties of an election officer, in regard to the handling or counting or canvassing of any ballots cast at any election (Pen. Code, Sec. 40).

Every person charged with the performance of any duty, under any law of this State relating to elections, who wilfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contraventicn or violation of any such law, is, unless a different punishment is prescribed therefor by the Penal Code, punishable by a fine, or by imprisonment in the state prison, or by both (Pen. Code, Sec. 41).

It is a misdemeanor for any person to assign or in any manner transfer the compensation which he will receive or be entitled to receive, or to have allowed to him, for service as an election officer, until after the election is fully completed at his precinct, or until after the election returns from such precinct have been sealed and delivered to the county clerk, registrar of voters, postmaster, express agent, or other proper person authorized by law (Pol. Code, Sec. 1072a).

DUTIES OF ELECTION OFFICERS BEFORE OPENING

POLLS.

Notice of appointment.

Prior duties of Inspector.

Inspector's oath.

Time to be at polling place. How ascertain other members.

Each person appointed an election officer should have received prior to the election a copy of this digest (Pol. Code, Sec. 1142a), and a notice of his appointment, designating therein the polling place at which he is to act (Pol. Code, Sec. 1142).

The person appointed inspector should also have received a notice in duplicate stating the name and address of each of the other persons appointed for the same precinct and their respective positions on the board, and he should have caused one of these notices to have been posted at or near the polling place designated therein within five days after receipt thereof (Pol. Code, Sec. 1142).

An oath in blank should have accompanied the notice, which should then have been immediately sworn to by the inspector and be subsequently returned with the election returns (Pol. Code, Sec. 1142).

The inspector should likewise have received and posted a notice containing the names of the election officers for each precinct and the polling places therein (Pol. Code, Sec. 1131).

Each person appointed an election officer shall be at the polling place where he is to act not later than 5:45 a.m. on election day. The persons who are to act as officers at a polling place may be ascertained from the notice previously posted thereat by the inspector, but if for any reason that notice or the duplicate thereof is not available those claiming the right to act should exhibit to each other their respective notices of appointment.

Before the day of election there will be delivered to one of the persons appointed on the board of election for a precinct a book of affidavits of registration for that precinct, together with five copies of the index to said book (Pol. Code, Sec. 1116), prepared and bound by the county clerk or registrar of voters.

Whenever the term "register or “great register" is used herein or in any law of this State relating to elections, there is meant thereby the relative and proper affidavits of registration, or both thereof, prepared and bound by the county clerk or registrar of voters (Pol. Code, Sec. 1094).

At any election held in an even numbered year before the first day of April of that year this book of affidavits of registration, and indexes thereto, shall consist of the original affidavits of registration, and indexes thereto, used in the last general November election in the previous even numbered year together with the original affidavits of registration, and supplemental indexes thereto, showing all additional registrations, changes and corrections made since the registration for said last general election closed and completed to and including the thirty-first day prior to the election then being held (Pol. Code, Sec. 1094).

Affidavits of registration and index.

66

“Register" and "Great Register" defined.

Elections
prior to
April 1st,
what register
used.

Elections on or after

election

register

.

At any election held on or after the first day of April of an even numbered year, whether held in that year or in the April 1st,

what register following odd numbered year, this book of affidavits of regis- used. tration, and indexes thereto, shall consist of the original affidavits of registration, with all changes and corrections thereof, made on or subsequent to the first day of January of said even numbered year and prior to the thirtieth day before the election then being held, and the indexes thereto (Pol. Code, Sec. 1094).

The register which shall be used in a special election or in special consolidated election precinct at an election provided for in consolidated section 1044 of the Political Code shall be that hereinabove

precincts, stated, having reference to the date of election and the fact what that the precinct is a special election or consolidated election used. precinct and not a regular precinct (Pol. Code, Sec. 1121).

Before the day of election or before the opening of the polls Election there will be delivered to one of the persons appointed on the board of election for a precinct, or at the polling place, the necessary supplies for conducting the election in that precinct which will include among other things printed blanks for poll lists, tally lists, lists of voters, oaths, and returns, together with envelopes in which to inclose such returns (Pol. Code, Sec. 1073), a ballot box, ink pads and ink, stamps with a cross (X) at each end, pencils, pens, blotting paper and other proper supplies, a list of which will be enclosed therewith (Pol. Code, Sec. 1203). And whenever any constitutional amendments, propositions, measures or questions are to be submitted at such election to a vote of the electors of the State there will also be supplied to each polling place three copies of the pamphlet published by the Secretary of State relating to such matters, which shall be so kept that they may be freely consulted by the electors while the election is in progress (Pol. Code, Sec. 1195b).

Before the opening of the polls there should be delivered at Blank - the polling place sealed packages containing the tickets or instruction ballots to be used. The inspector should sign the receipt Receipt accompanying these packages and forth with return such therefor. receipt to the county clerk or other official from whom they were received (Pol. Code, Sec. 1201).

At the same time there should be delivered at the polling place twelve cards containing instructions for the guidance of electors (Pol. Code, Sec. 1210).

If the inspector is not present the receipt should be signed by one of the judges, and if neither is present further proceedings should await the presence or appointment of one of such officers (Pol. Code, Sec. 1201).

In case the ballots or supplies have not arrived in proper time the officers present should immediately communicate with the county clerk or other official from whom they should have been received.

ballots and

A

cards,

Oaths.

Oath before performing duties.

Who may administer oath.

In case of the prevention of an election in any precinct by the loss or 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 (Pol. Code, Sec. 1201).

If the inspector is present and has not previously taken and subscribed the oath upon the blank sent him for that purpose, he should immediately do so before any elector of the township (Pol. Code, Sec. 1148). If he has not such blank with him he should take and subscribe the oath for an inspector set forth in the front of the poll list which will be found among the supplies. He should then see that each of the other persons appointed an election officer for that polling place, before performing any duties, takes and subscribes before him the appropriate oath set forth in the front of the poll list. In case the person appointed inspector is not present, each of the persons appointed shall take and subscribe such oath before any other of themselves (Pol. Code, Sec. 1142).

Each election officer must take and subscribe the required oath before entering upon his duties (Pol. Code, Sec. 1142).

Any member of the board may administer and certify oaths required to be administered during the progress of the election

(Pol. Code, Sec. 1146). Arrangement Such officers as have been sworn shall immediately proceed of polling place. to arrange the polling place for the orderly and legal conduct

of the election.

They shall before the opening of the polls post in separate convenient places at or near the polling place and easy of access to the electors not less than four of the copies of the index to the book of affidavits of registration furnished for that precinct (Pol. Code, Sec. 1149), and these copies must be kept so posted during the whole time of voting, and must not in any manner be torn or defaced (Pol. Code, Sec. 1150).

They shall place at least one card of instructions to voters instructions. in each voting booth and not less than three of such cards

at other places in and about the polling place (Pol. Code,

Sec. 1210), and in each booth an ink pad and a voting Put stamps and ink pads stamp (X), and they shall especially see that the stamp and

ink pad required are at all times during the voting kept in such booths and in condition for proper use (Pol. Code, Sec. 1203).

At a table, immediately inside of the guard-rail separating the voting inclosure from the rest of the polling place, and convenient for those desiring to vote, there shall be placed the roster, which consists of blank sheets of paper bound together with numbered lines for the signatures of electors desiring to vote. At the head of such roster, 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. Pen, ink and a blotter shall be placed beside the roster.

Post indexes to affidavits of registration.

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Post cards of

in booths.

Roster.

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