Special elections: Ante, § 1043.

Legislation § 1067. Enacted March 12, 1872; based on Stats. 1850, p. 106, § 50.

§ 1068. Same, on tie vote for governor or lieutenant-governor. In case any two or more persons have an equal and highest number of votes for either governor or lieutenant-governor, the legislature must, by joint vote of both houses, choose one of the persons to fill such office.

Constitutional basis of section: See Const., art. V, § 4.

Legislation § 1068. Enacted March 12, 1872.

§ 1069. Electors privileged from arrest, when. Electors are privileged from arrest, except for an indictable offense, during their attendance on the election, and in going to and returning from the same.

Constitutional provision of same character: Const., art. II, § 2.
Legislation § 1069. Enacted March 12, 1872.

§ 1070. Electors exempt from militia duty, when. No elector is obliged to perform militia duty on the day of election, except in time of war or public danger.

Basis of section: See Const., art. II, § 3.

Legislation § 1070. Enacted March 12, 1872.

§ 1071. No fees for certificate of registration. No fees must be charged for registration or certificates thereof.

Legislation § 1071. Enacted March 12, 1872.

§ 1072. Compensation of officers of election. Each member upon a board of election in any county, or city and county, in the state, and each clerk thereof, shall receive as compensation for his services upon such board, a sum not to exceed ten dollars, which sum shall be paid out of the treasury of the county, or city and county, in which such persons act. [Amendment approved 1889; Stats. 1889, p. 423.]

Legislation § 1072. 1. Enacted March 12, 1872. 2. Amended by Stats. 1889, p. 423.

§ 1072a. Unlawful for election officer to assign compensation until after returns have been sealed. It shall be unlawful for any person serving as an election officer, or who has served as an election officer at an election, or who has been appointed to serve as an election officer at any election, 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 at any precinct, to any person, persons or corporation, until after the full completion of the election at the precinct, or until after the returns of such election from the precinct where he served as an election officer, have been sealed and delivered to the county clerk or registrar of voters, or postmaster or express agent, as provided by section 1264 of the Political Code, and it shall be unlawful for any person, persons or corporation, or their agent or servant, to either directly or indirectly receive any such assignment or transfer, or pay or advance any sum of money whatever, to any such election officer or to any person for the use of such election officer, until said election returns have been sealed and delivered as hereinbefore pro

vided. Any person who shall violate any provision of this section shall be guilty of a misdemeanor.

Legislation § 1072a. Added by Stats. 1911, p. 1444.

§ 1073. County clerk to furnish poll lists, etc. The necessary printed blanks for poll lists, tally lists, lists of voters, oath, and returns, together with envelopes in which to inclose returns, must be furnished by the county clerk to the officers of each election precinct, at the expense of the county. [Amendment approved 1915; Stats. 1915, p. 285.]

Legislation § 1073. 1. Enacted March 12, 1872; based on Stats. 1865-66, p. 511, § 7. 2. Amended by Stats. 1915, p. 285.

ARTICLE IV.

County, City, and City and County Boards of Election Commissioners. $1075. Board of election commissioners.

1077. Clerk of board of election commissioners. Oath of office. Deputies and clerks. Power to administer oaths.

§ 1078. Duties of clerks.

$1079. Board of election commissioners. Bids for printing. In cities having civil service.

§ 1080. Application of provisions of this article.

Legislation Article IV. Added by Stats. 1895, p. 341.

§ 1075. Board of election commissioners. The board of supervisors of each county is ex officio the board of election commissioners in and for the county and the common council, or other governing body of a city, is ex officio the board of election commissioners in and for such city; provided, that in any city and county of this state having four hundred thousand or more inhabitants as shown by the last federal census, the board of election commissioners shall consist of four persons, citizens and electors of such city and county, each of whom must be a freeholder, and have been an actual resident of said city and county at least five years preceding his appointment, who shall be appointed by the mayor; provided, that the respective executive committees of the state committees of either of the political parties who may be entitled under the provisions of this act to have members of their party appointed as members of said board of election commissioners, shall have the right, within ten days after such appointment, to file with the mayor a written protest against the appointment of a member of said board of election commissioners, as having been appointed as one of affiliation with said party, on the grounds that said appointee is not a person of well-known affiliation and standing with said party from which he has been appointed; and the mayor thereupon shall make another appointment in the place of the party against whom the protest has been filed. The members of said commission shall be ineligible to any other office or public employment, elective or appointive, during the term for which they have been appointed and for one year thereafter. Two of the persons so appointed shall be selected from the body of citizens and electors of such city and county, of knowh affiliation with and belonging to the political party or organization which at the last presidential election held in such city and county, polled within said city and county, the highest number of votes cast for candidates of the political party for

presidential electors at such election; and the two remaining members of said board shall be selected from the body of electors of such city and county, of known affiliation with and belonging to the political party which, at the last presidential election held at such city and county, polled within such city and county, the next highest number of votes cast for the candidates for presidential electors of a political party.

The members of said commission shall, every two years, choose one of their number as chairman; in the event of their failure to select a chairman in five ballots, the oldest of said members in point of years shall be chairman.

The persons first appointed as such board of election commissioners shall be appointed on the first Monday of July, 1895, and shall each hold their office for the term of four years from and after the date of their appointment, except that of those first appointed, two (one belonging to each political party or organization as aforesaid), to be designated by the mayor, shall retire at the end of two years, when their successors shall be appointed by the mayor.

Whenever any vacancy shall occur in the said board, such vacancy shall be filled by appointment as herein prescribed, and the persons so appointed to fill such vacancy shall be selected in the same manner and from the same political party or organization with which his predecessor in office affiliated and belonged at the time of his appointment thereto, and shall hold office for the balance of the unexpired term to which he was appointed. The salary of each member of the board of election commissioners in and for a city and county, having four hundred thousand or more inhabitants as shown by the last federal census shall be seven hundred and fifty dollars per annum, payable, in equal monthly installments, out of the treasury of such city and county, in the same manner as the salaries of other officers of said city and county, are paid. [Amendment approved 1911; Stats. 1911, p. 727.]

Section declared unconstitutional: Denman v. Broderick, 111 Cal. 96. Legislation § 1075. 1. Added by Stats. 1895, p. 341. 2. Amended by Stats. 1911, p. 727.

§ 1076. Powers of commissioners. The board of election commissioners, as provided for in this article, shall, within their respective counties, cities, or cities and counties, be invested with and shall exercise all the powers conferred, and shall discharge and perform all the I duties imposed by this code or by any law of this state, upon boards of supervisors of the several counties, or upon the common council or other governing body of cities, or upon any other board or body, in respect to the conduct, control, management, and supervision of elec tions, and all matters pertaining to elections held within the respective counties, cities, or cities and counties, as the same are now or may be hereafter prescribed by law.

Legislation § 1076. Added by Stats. 1895, p. 343.

§ 1077. Clerk of board of election commissioners. Oath of office. Deputies and clerks. Power to administer oaths. The county clerk is ex officio clerk of the board of election commissioners of the county, and the clerk or secretary of the common council or other governing body of a city is ex officio the clerk or secretary of the board of election

commissioners of the city; provided, that in cities and counties of this state having four hundred thousand or more inhabitants, the board of election commissioners shall appoint a suitable person, not one of their own number, to act as secretary, at a salary not to exceed two hundred and fifty dollars per month, payable in the same manner as the salaries of the commissioners are paid. Such secretary shall hold his office during the pleasure of the said board. The secretary of the board of election commissioners shall not, during the term of his office, engage in any other calling or trade, or profession or employment, and shall be ineligible to be a candidate or delegate to any convention which shall nominate candidates for office, and he shall be ineligible to be voted for for any office while acting as such secretary; and if these provisions of the law are not obeyed, it shall be the duty of the board of election commissioners forthwith to declare his place vacated, and the vacancy shall be filled in the same manner and terms as provided for in the original appointment. Each member of the board of election commissioners, and the secretary elected by said board of election commissioners, shall, within fifteen days after receiving notice of their appointment, take the usual oath of office before any judge of the superior court of said city and county, and said oaths of office shall be filed with the county clerk of said city and county. The board of election commissioners shall have the power to appoint all deputies, and such clerks as may be necessary, and to fix their salaries at the time of their employment. All deputies and clerks thus appointed shall be equally divided between the representatives of the political parties that polled the highest and the next to the highest number of votes at the preceding presidential election. The salaries of all deputies and clerks that may be appointed by said board of election commissioners shall be payable in equal monthly installments out of the treasury of said city and county, in the same manner as the salaries of other officers of such city and county are paid. The members of the board of election commissioners, the secretary of the board of election commissioners, all deputies and clerks appointed by the board of election commissioners, and all election officers, shall have the power to administer oaths; and any false oaths taken before them, or either of them, shall be deemed to be perjury, and the person so convicted thereof shall be punished according to law. [Amendment approved 1911; Stats. 1911, p. 729.]

Legislation § 1077. 1. Added by Stats. 1895, p. 343. 2. Amended by Stats. 1911, p. 729.

§1078. Duties of clerks. The county clerk of each county, and the elerk or secretary of the common council of a city, shall, within their respective counties or cities, exercise all the powers conferred, and shall discharge and perform all the duties imposed by this code, or by any law of this state, upon such officers in respect to the conduct, management, and supervision of elections, and matters pertaining to elections, held within the respective counties or cities, as the same are now or may be hereafter prescribed by law; provided, that in any city and county, having four hundred thousand or more inhabitants, the secretary of the board of election commissioners, under the direction of the board of election commissioners, shall exercise all the powers conferred, and shall discharge and perform all the duties imposed by this code, or by any law of this state, upon the county clerk or any other officer in such cities

and counties, in respect to the contract and supervision of matters relating to elections held within such cities and counties, as the same are now or may be hereafter prescribed by law. [Amendment approved 1911; Stats. 1911, p. 730.]

Legislation § 1078. 1. Added by Stats. 1895, p. 344. 2. Amended by Stats. 1911, p. 730.

§ 1079. Board of election commissioners. Bids for printing. In cities having civil service. Whenever the clerk, secretary or any other officer of a county, or city, which at the last general state election before this amendment had a registration of over one hundred and twenty-five thousand voters, or of any city and county, is charged with the performance of any official duty, in respect to elections, which involves the expenditure of public moneys, such expenditures shall be subject to the control and supervision of the board of election commissioners; and when any printing or other service is to be performed, or materials are to be furnished, the amount of which in the aggregate shall exceed the value of five hundred dollars, it shall be the duty of the board of election commissioners to invite proposals for the work, or the furnishing of the materials, and to let the contract for the same to the lowest responsible bidder therefor, in the same manner and upon the same conditions as is required in the letting of contracts for doing other and similar work or furnishing other and similar materials, for such county, city, or city and county purposes; provided, that no such proposal or bid shall be required for the contract to print ballots or the printed index of the precinct registers, or the tally lists, if, in the judgment of the county clerk or registrar of voters, the time within which such ballots or index must be had does not reasonably admit of such proposal and bid, or where an emergency requires the immediate performance of a duty relating to the management or conduct of an election and delay in the performance of such duty might imperil the holding of the election at the time and in the manner provided by law; and provided, further, that in any consolidated city and county having a freeholder charter providing for a system of civil service, the election commission may make appointments of persons to perform work or service as laborers, mechanics, artisans or machinists in accordance with the provisions of such civil service, and provide for proper compensation therefor, whenever service of such nature is found necessary with respect to any election or elections. [Amendment approved 1915; Stats. 1915, p. 286.]

Legislation § 1079. 1. Added by Stats. 1895, p. 344. 2. Amended by Stats. 1907, p. 652. 3. By Stats. 1911, p. 896. 4. By Stats. 1915, p. 286.

§ 1080. Application of provisions of this article. Nothing contained in this article affects any of the provisions of this code, or of any statute of this state, touching the registration and qualification of voters and the method of calling, holding, and conducting elections, in force in any county, city, or city and county; but such provisions and statutes are recognized as continuing in force, except so far as they are inconsistent with the provisions of this article upon the subject to which this article relates.

Legislation § 1080. Added by Stats. 1895, p. 345.