CHAPTER II. Qualifications and Disabilities of Electors. § 1083. Qualifications of electors. §1083a. Qualifications for signing initiative petitions, etc. $1083b. County clerk may employ extra help for examining signatures. §1084. Persons not entitled to vote. § 1083. Qualifications of electors. Every native citizen of the United States, every person who shall have acquired the rights of citizenship under or by virtue of the treaty of Queretaro, and every naturalized eitizen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have been a resident of the state one year next preceding the election, and of the county in which he or she claims his or her vote ninety days, and in the election precinct thirty days, and who has conformed to the law governing the registration of voters, shall be a qualified elector at any and all elections held within the county, city and county, city, town, or district within which such elector resides. [Amendment approved 1913; Stats. 1913, p. 220.] No property qualification ever to be required for any person to vote: Const., art. I, § 24. Citizens, native and naturalized: Ante, § 51. Residence, for voting purposes, rules for determining: Post, § 1239. Great register of county, name enrolled on: See post, §§ 1094-1119. Legislation § 1083. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 77. 3. By Stats. 1893, p. 124. 4. By Stats. 1899, p. 60. 5. By Stats. 1911 (Extra Session), p. 16. 6. By Stats. 1913, p. 220. §1083a. Qualifications for signing initiative petitions, etc. Wherever, by the constitution or laws of this state, any initiative, referendum, recall or nominating petition or paper, or any petition or paper, is required to be signed by qualified electors, only an elector who is a registered qualified elector at the time he signs such petition or paper shall be entitled to sign the same, and no elector shall be entitled to sign any such petition or paper on or after the first day of January of an evennumbered year unless he shall, on or since said first day of January, have made an affidavit of registration as required by law. Such signer shall at the time of so signing such petition or paper affix thereto the date of such signing. Wherever, by the constitution or laws of this state, the county clerk or registrar of voters is required to determine from the records of registration what number of qualified electors have signed such petition or paper, he shall determine that fact with respect to the purported signature of any person from the affidavit of registration, and records relating thereto, current and in effect at the date of sách signing of such petition or paper. [Amendment approved 1915; Stats. 1915, p. 286.] Legislation § 1083a. 1. Added by Stats. 1913, p. 225. 2. Amended by Stats. 1915, p. 286. § 1083b. County clerk may employ extra help for examining signatures. Whenever the county clerk or registrar of voters is required by law to examine the signatures upon any nomination paper or petition of any candidate for a municipal office, he is hereby empowered to employ the necessary help for said examination to be paid by such municipality a sum not to exceed three dollars per day for each person so employed in such examination. Legislation § 1083b. Added by Stats. 1915, p. 287. § 1084. Persons not entitled to vote. No native of China, no idiot, insane person, or person convicted of any infamous crime, and no person hereafter convicted of the embezzlement or misappropriation of public money, shall ever exercise the privilege of an elector. [Amendment approved 1880; Code Amdts. 1880, p. 78.] Constitutional basis of section as amended by Code Amdts. 1880: Const., art. II, § 1, proviso. Constitutional provisions against Chinese: Const., art. XIX. Legislation § 1084. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 78. § 1094. CHAPTER III. Registration of voters. Provisions relating to. § 1095. Names of electors entered in duplicate. § 1095a. Original and duplicate affidavits. Deputies to be charged with blanks. Spoiled affidavits. Accounting for blanks at close of registration. § 1096. § 1097. Qualifications for registration. Additional facts to be shown. foreign born. § 1097a. Registration of person gaining citizenship through father. [Repealed.] Assessor's roll of electors. [Repealed.] What enrollment must show. [Repealed.] Duty of clerk or assessor relative to certain proofs produced before him. [Repealed.] § 1098. § 1099. § 1100. § 1101. Assessor must make monthly returns of his enrollment. [Repealed.] § 1102. § 1103. § 1104. § 1105. § 1106. § 1106a. § 1107. Duty of clerk upon receipt of the return. [Repealed.] Cancellation of registration in one county before registration in Method of cancelling registrations. Cases in which entry of name in great register must be canceled. Cancellation of registration of persons convicted of infamous crimes. Clerk must give certificate of registration. § 1108. Compelling registration. § 1109. § 1110. § 1111. § 1112. § 1113. § 1114. § 1115. Compelling cancellation. Parties to such actions. Same. Costs not to be recovered against the clerk, except in certain cases. Registration-book. Duplicate affidavits. Names, manner of arrangement. [Repealed.] Index to registration-books. Number of copies. Index furnished to candidates. Indexes for primaries. § 1116. Printed copies, how distributed, § 1117. Evidence that person is an elector. $1118. Primary elections, qualifications and registration of voters at. [Repealed.] §1119. Primary elections. Registration-office to be open fifty days. [Repealed.] $1120. Qualifications of voters. Elections on or after first of April, even-numbered years. $1121. Registers used at certain elections. § 1094. Registration of voters. Provisions relating to. There shall be, in each even-numbered year, to continue for two years, except as hereinafter provided, in each county and city and county of the state, a new and complete registration of the voters of such county or city and county, who are entitled thereto. Such registration shall begin on the first day of January of such years, and shall be in progress at all times except during the thirty days immediately preceding any election, when it shall cease for such election as to electors residing in the territory within which such election is to be held; and transfers of registration for such election may be made from one precinct to another precinct in the same county or city and county at any time when such registration shall be in progress in the precinct to which the elector seeks to transfer; provided, that where any general or special municipal election, or any other special election, including any primary election and all special elections to vote for officers, or upon or for or against any proposition or question authorized to be submitted to a vote, is held on or after the first day of January and before the first day of April of any even-numbered year, the original affidavits of registration and indexes used in the last general state election in any county or city and county in this state, together with the original affidavits of registration since the last election, and supplemental indexes, showing all additional registrations, changes and corrections made since the registration for the last general election, completed to and including the thirty-first day prior to said election then being held, may be used at such election to determine the persons entitled to vote thereat. All affidavits of registration made prior to the first day of January of any even-numbered year shall be deemed canceled upon said day except for the sole purpose of being used as herein before stated at elections held thereafter and before the first day of April of that year, and shall on said last mentioned day be deemed canceled for all purposes. The board having eharge and control of elections in each county or city and county, may provide by resolution, for the registration of voters in their respective precincts, by the officer charged with the registration of voters, and may also provide by resolution for the registration of voters at specified times and places, other than the office of the county clerk or registrar of voters, deemed most convenient to large numbers of voters, without reference to respective or particular precincts, in such a manner that the affidavits of registration as provided by law may be taken at such time and place, of any voter within the county who is entitled to register therein; provided, however, that in any city and county where the registration at the last preceding presidential election exceeded eightyfive thousand, no registration outside of the main office of the officer charged with the registration of voters shall be had except that which is without reference to particular precincts as last specified herein; and provided, further, that in any such city and county such registration without regard to particular precincts outside of the main office of the officer charged with the registration of voters, must be had in at least one place in each assembly district in such city and county for a period of not less than five days, exclusive of Sundays, next immediately preceding the close of registration for the August primary election provided for by state law, and said registration places shall be and remain open at least from ten o'clock A. M. to ten o'clock P. M. of each of said days; provided, further, that any registration which may be made at the main office for registration in any such city and county may be made in any of the places provided for registration in the assembly districts therein; and provided, further, that such other places of general registration, in addition to and other than those above specified, shall be provided in any such city and county as may be necessary for the proper and full registration of the voters thereof and such places of registration shall be provided at such times, for such length of time, and in such places as the board having control of registration in any such city and county may provide. Upon the written request of the officer charged with the registration of voters, which request said officer shall make upon petition from any ten electors of the county, such petition to specify the premises from which lists are desired, every landlord or keeper of premises where lodgers abide, shall furnish said officer a list of all lodgers occupying rooms, or sleeping apartments, or beds in the premises under his or her or its control. Such lists shall be furnished upon blanks provided by said officer. Any landlord or keeper of premises where lodgers abide, who neglects or refuses to comply promptly with the provisions of this section or who furnishes a false list of such lodgers, shall be guilty of a misdemeanor. All lists so returned shall be kept on file in the office of the officer receiving same, open to public inspection. It shall be the duty of said officer to compile a list of such persons, if there are any, who are registered as residing in any of these premises and whose names are not returned in the lists furnished by the landlord or keeper thereof. At least three days before the date of the next succeeding election, in any precinct where such premises are located, said officer shall send by registered mail to the inspector of election in said precinct a certified copy of the list he has thus prepared, with instructions to challenge the vote of each and all such persons if offered at the election, under subdivision five of section twelve hundred thirty of the Political Code. Whenever in the laws of this state the word "register" or "great register" is used with relation to elections, it shall be deemed to mean and include the relative and proper affidavits of registration, or both thereof, prepared and bound by the county clerk or registrar of voters. [Amendment approved 1915; Stats. 1915, p. 287.] Legislation § 1094. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1877-78, p. 27. 3. By Stats. 1889, p. 424. 4. By Stats. 1895, p. 228. 5. By Stats. 1899, p. 60. 6. By Stats. 1911, p. 1441. 7. By Stats. 1911 (Extra Session), p. 219. 8. By Stats. 1913, p. 1438. 9. By Stats. 1915, p. 287. § 1095. Names of electors entered in duplicate. In the affidavits of registration the clerk must, as hereinafter provided, enter in duplicate the names of the qualified electors of the county, and the provisions of section 1096 of this code are hereby declared to be mandatory. Any officer charged with the registration of voters who neglects or refuses to make all the entries provided for in section 1096 of the Political Code, or neglects or refuses to take the oath of the voter applying to him for registration in respect to the same, shall, upon conviction, be deemed guilty of a misdemeanor for each and every such omission. [Amendment approved 1911; Stats. 1911, p. 889.] Qualified electors, who are: Ante, § 1083. Legislation § 1095. 1. Enacted March 12, 1872. 2. Amended by Stats. 1899, p. 61. 3. By Stats. 1903, p. 257. 4. By Stats. 1911, p. 889. § 1095a. Original and duplicate affidavits. Deputies to be charged with blanks. Spoiled affidavits. Accounting for blanks at close of registration. The clerk, or other person charged, with the registration of voters, must provide blank forms for the affidavits of registration, which forms shall be bound together in books or pads of one hundred sheets each, and consist of originals and duplicates. Each original shall be attached to a stub by a perforated line, and each original and duplicate shall bear a distinctive number, which shall be in addition to the registration number of the voter. Said number shall appear on the original and duplicate sheet, and also on the stub to which they are attached, and the numbering shall begin with 1 and continue in a sequence until all of the blanks provided shall be numbered. The numbering shall begin anew with each registration. The stubs shall contain a line for the name, and spaces for the address and precinct of the person registered. Each deputy clerk, deputy registrar, or registration clerk shall receipt to the clerk or registrar for all books or pads issued to him, specifying the numbers of the affidavits received by him, and he shall be charged with the same until he returns and files the same. When an elector is registered, his name, address, and preeinet shall be noted on the stub attached to the original, and if for any cause the affidavit is spoiled in the course of making it out, or a mistake therein is made, the same must not be removed from the pad, or book, but the name of the elector for whom it was intended, with his address and precinct must be entered on the stub, as in other cases, and the stubs and affidavits each marked with the word "Spoiled" in red ink. When the registration for any election is closed, all deputies or registration clerks must, immediately thereafter, return all affidavits of registration, and all books or pads in their possession containing stubs, spoiled, or unused affidavit blanks; and within ten days after the close of such registration the clerk, or registrar of voters must report to the district attorney of the county, or city and county, under oath, the names of his deputies, if any, who have not complied with the provisions of this section; and it shall be the duty of the district attorney to forthwith begin a criminal prosecution against such deputies or registration clerks as shall not have complied with the provisions of this section. Any deputy, or person having charge of affidavits of registration, who shall willfully, or by gross carelessness, neglect, fail, or refuse to comply with the provisions of this section, shall be guilty of a misdemeanor. Legislation § 1095a. Added by Stats. 1911 (Extra Session), p. 230. |