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in section 1044 of this code, and who was registered as required by law as a qualified elector of any one of the precincts which together compose the special election or consolidated election precincts, and who continues to reside within the exterior boundaries of such special election or consolidated election precinct, until the time of holding of the election provided for and held under said section 1044, shall be entitled to vote at said election, without other or additional registration except as provided in the second paragraph of this section. All other persons, in order to be entitled to vote at any of the elections provided for in said section 1044, must be registered in the manner required by sections 1094, 1096 and 1097 of this code, as an elector of and within one of the precincts which compose the special election or consolidated precinct wherein he claims to be entitled to vote. Such registration must be made and had in accordance with the provisions of sections 1094, 1096 and 1097 of the Political Code; provided, that such registration shall be in progress at all times except during the thirty days immediately preceding any such municipal or special election held under said section 1044 of this code.

2. When any of the elections mentioned in section 1044 of this code is held on or after the first day of April of an even-numbered year, any person to be entitled to vote at such election must have been registered since the opening of registration for such even-numbered year in the manner required by sections 1094, 1096 and 1097 of this code as an elector of and within one of the precincts which compose the special election or consolidated precinct wherein he claims to be entitled to vote. [Amendment approved 1915; Stats. 1915, p. 909.]

Legislation § 1120. 1. Added by Stats. 1907, p. 662. 2. Amended by Stats. 1911, p. 1392. 3. By Stats. 1913, p. 1441. 4. By Stats. 1915, P. 909.

§ 1121. Registers used at certain elections. The register used at each special election or consolidated election precinct, at the elections provided for in section 1044 of this code, provided such elections are not held on or after the first day in April in any even-numbered year, shall consist of the original affidavits of registration for the territory constituting such special election or consolidated election precinct, at the last general state election immediately preceding the holding of the election provided for in said section 1044, together with a supplement or supplements showing the additional names of the persons who by registration have since such general state election become entitled to vote at any of the elections to be held in such precinct, under said section 1044 of this code. In the event that precinct registers were used at the last preceding general state election, then it shall be the duty of the county clerk or person clothed with the authority for the registration of voters, to furnish such original affidavits of registration with the supplements aforesaid, for each of the special election or consolidated precincts, to the boards of election, respectively, in and for each such election precinct. No person shall be entitled to vote at any such election provided for in said section 1044 of this code, unless his name is registered by such original affidavit of registration, in the preeinet within the exterior boundaries of the election precinct, or unless, according to the constitution and laws of this state, he is entitled to vote thereat. If any election provided for in section 1044 of this code

is held on or after the first day of April in any even-numbered year, the register used at each special or consolidated election precinct at such election shall consist of the original affidavits of registration of those who had registered from the territory constituting such special or consolidated election precinct in said even-numbered year and at least thirty-one days prior to such election. [Amendment approved 1915; Stats. 1915, p. 910.]

Legislation § 1121. 1. Added by Stats. 1907, p. 663. 2. Amended by Stats. 1913, p. 1441. 3. By Stats. 1915, p. 910.

CHAPTER IV.

Election Precincts.

§1125. Surveyor to divide certain counties into election precincts. Size of precincts. Supervisors to divide certain counties.

$1126. Change of boundaries.

$1127. County surveyor to divide county into precincts. [Repealed.] $1128. Boundaries must be defined.

$1129. Supervisors to change, make new, or consolidate precincts. [Re

pealed.]

1130. Limitations on designation of precincts. $1131. Notice of election in county clerk's office. nated. Polling place not to be a saloon. at polling place.

Election officers desig-
Copy of notice posted

$1132. Proceedings where election officers not designated. Where polling places cannot be used.

$1133. Precincts for municipal elections.

§1125. Surveyor to divide certain counties into election precincts. Size of precincts. Supervisors to divide certain counties. In all counties, and city and counties, (except in counties, and city and counties, which at the last general election prior to the time this act goes into effect had a registration of at least two hundred thousand electors, or which has a registrar of voters provided for by freeholders charter or by general law, but no board of election commissioners, other than the board of supervisors acting as such ex officio), the county surveyor shall upon written request and under the direction of the county clerk, or in counties, and city and counties having a registrar of voters, from the registrar of voters, divide the county into election precincts and prepare detail precinct maps and exterior descriptions and copies thereof, and file the same with the board of supervisors not later than the first Monday in November of each odd-numbered year; provided, however, that the county shall be so divided into election precincts that there shall be as many as shall be sufficient to make the number of votes polled at any one election precinct not more than two hundred, as near as can be ascertained, and it shall be the duty of said board to adopt an order creating election precincts as prepared and deseribed by said county surveyor and county clerk, not later than the second Monday in December of each said odd-numbered year; the county surveyor shall within fifteen days after receipt of said written request from the county clerk, or registrar of voters, change or alter any preeinet boundaries, and prepare new detail maps and descriptions thereof, as directed by the county clerk, or registrar of voters, and file the same

with the board of supervisors, who shall at their next meeting adopt said precinct changes by order.

In all counties, or cities and counties of this state, which at the last general election prior to the time this act goes into effect had a regis tration of at least two hundred thousand electors, or which has a regis trar of voters provided for by freeholders charter or by general law, but no board of election commissioners, other than the board of supervisors acting as such ex officio, the board of supervisors, or other board having charge and control of elections in such county, or city and county, or, at its request, the county clerk or registrar of voters, shall, as soon before a general election as is convenient, proceed to divide such county, or city and county, into election precincts, of which there shall be as many as shall be sufficient to make the number of votes polled at any one election precinct to be not more than two hundred, as nearly as can be ascertained.

Any provisions found elsewhere in this code giving to the board of supervisors the power to establish, abolish, and change election precincts shall be subject to, and controlled by, the provisions of this section.

Legislation § 1125. Added by Stats. 1915, p. 861.

§ 1126. Change of boundaries. In all counties, and cities and counties, (except in counties, and city and counties, which at the last general election prior to the time this act goes into effect had a registration of at least two hundred thousand electors, or which has a registrar of voters provided for by freeholders charter or by general law, but no board of election commissioners, other than the board of supervisors acting as such ex officio), the board of supervisors or election commissioners in each of the counties, and city and counties of this state, shall, within thirty days from the receipt of a written notice from the county clerk, or, in counties or city and counties having a registrar of voters, from the registrar of voters, change the boundaries of, create new, or consolidate established precincts as per detailed descriptions as furnished by the county clerk, or registrar of voters, and county surveyor; provided, that there shall always be as many precincts as shall be sufficient to make the number of votes polled in any one precinct not more than two hundred, as nearly as can be ascertained.

In all counties and cities and counties, which at the last general election prior to the time this act goes into effect had a registration of at least two hundred thousand electors, or which has a registrar of voters provided for by freeholders charter or by general law, but no board of election commissioners, other than the board of supervisors acting as such ex officio, the board of supervisors, or other board having charge and control of elections in such county, or city and county, of this state, or, at its request, the county clerk or registrar of voters, may from time to time change the boundaries of, create new, or consolidate established precincts; provided, that there shall always be as many precincts as shall be sufficient to make the number of votes polled at any one precinct to be not more than two hundred, as nearly as can be ascertained.

Any provisions found elsewhere in this code giving to the board of supervisors the power to establish, abolish, and change election precincts shall be subject to, and controlled by, the provisions of this section.

Legislation § 1126. Added by Stats. 1915, p. 862.

§1127. County surveyor to divide county into precincts.

1915; Stats. 1915, p. 863.] Legislation § 1127.

[Repealed

1. Enacted March 12, 1872. 2. Amended by Stats. 1887, p. 235. 3. By Stats. 1889, p. 424. 4. By Stats. 1915, p. 294. 5. Repealed by Stats. 1915, p. 863.

§1128. Boundaries must be defined. In the order establishing preeinets the boundaries thereof must be defined.

Legislation § 1128. Enacted March 12, 1872.

§1129. Supervisors to change, make new, or consolidate precincts. (Repealed 1915; Stats. 1915, p. 863.]

Legislation § 1129. 1. Enacted March 12, 1872. 2. Amended by Stats. 1899, p. 424. 3. By Stats. 1915, p. 294. 4. Repealed by Stats. 1915, p. 863.

§ 1130. Limitations on designation of precincts. The following limitations are imposed upon the powers given in this chapter:

1. No precinct must be established so as to embrace more than one township, nor in such manner that its exterior limits cross the exterior boundaries of any township, incorporated town or city, or any ward, distriet, or other territorial subdivision for which local officers are to be elected, except a school or road district; provided, however, that if at any election, including any primary election, or special election, any preeinet contains an insufficient number of qualified electors to make up a precinct election board, such precinct may be consolidated with an adjoining election precinct. [Amendment approved 1915; Stats. 1915, p. 294.]

Legislation § 1130. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 80. 3. By Stats. 1899, p. 62. 4. By Stats. 1915, p. 61. 5. By Stats. 1915, p. 294.

§ 1131. Notice of election in county clerk's office. Election officers designated. Polling place not to be a saloon. Copy of notice posted at polling place. The county clerk or registrar of voters in each county or city and county shall at least twenty-five days prior to any election, or primary election, file in his office a notice of the date of such election and the offices to be filled naming and numbering them in numerical order, anexpired terms or short terms being designated next after the full terms or long terms. He shall also designate in such notice the election officers who have been appointed for each precinct and the polling place therein where the voting for such election shall be had, but in no event shall such polling place be a saloon or other place where intoxicating liquor is sold or dispensed, nor shall such polling place be connected by a door, window or other opening with a saloon or other room or place where such liquor is sold or dispensed. He shall immediately thereafter eause one copy of such notice to be posted in a prominent place in his office and shall send or deliver one copy to the inspector appointed for each precinct who shall cause the same to be posted at or near the polling place in that precinct in which such inspector is to act. The duties imposed by this section and by sections eleven hundred forty-two, eleven hundred forty-two a, and eleven hundred fifty-one of this code upon

the county clerk or registrar of voters shall in all municipal elections, and in all elections in which only the electors of one municipality or a portion thereof vote be performed by the city clerk, registrar of voters or similar officer of such municipality. [Amendment approved 1915; Stats. 1915, p. 849.]

Election proclamations. Time and place of holding elections are of the substance of the election: Ante, § 1053.

Legislation § 1131. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 21. 3. By Stats. 1889, p. 424. 4. By Stats. 1899, p. 133. 5. By Stats. 1915, p. 849.

§ 1132. Proceedings where election officers not designated. Where polling places cannot be used. If the election officers for any precinct or the polling place therein have not been designated by the tenth day prior to any election the justice of the peace having jurisdiction over that territory comprising such precinct shall immediately make an order in writing designating the election officers for that precinct or the polling place therein, as the case may require, and notify such officers of their appointment. He shall at the same time send one copy of his order to the officer who should have designated such officers and polling place, and shall cause copies of his order to be posted in three public places in the precinct and send one copy thereof to the inspector appointed for that precinct who shall cause the same to be posted at or near such polling place. In the event that more than one justice of the peace has jurisdiction over the territory comprising any precinct any one of such justices may make such order and in the event of a conflict the order first posted shall control. If the justice of the peace fails to perform the duty herein imposed upon him, the inspector, if one shall have been appointed, shall perform such duty. If any of the members appointed on an election board do not attend at the opening of the polls on the morning of an election, those qualified electors present, including members of the board, shall appoint a qualified elector to fill the vacancy, and if none of the members appointed appear at such time the qualified electors of the precinct present at that time may appoint a board. If for any reason the polling place designated for any precinct cannot be used, the board of election acting for that precinct on the day of the election shall designate another polling place as near thereto as possible, post notice of the change on or near the place first designated and conduct the election at the place last designated. [Amendment approved 1915; Stats. 1915, p. 850.]

Legislation § 1132. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873–74, p. 21. 3. By Stats. 1903, p. 18. 4. By Stats. 1915, p. 850.

§ 1133. Precincts for municipal elections. The board or governing body charged with the conduct of carrying on any of the elections mentioned in section 1044 of this code may precinet, or subdivide, the municipality or territory within which such election is to be held, into special election or consolidated election precincts, for the holding of such elections, and change and alter such precincts for such elections, as often as occasion may require. In establishing such election precincts referred to in this section, such board or governing body having control of such elections may consolidate the precincts to a number not exceed

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