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of such charter, which elective officers shall continue to hold office for the term for which they were elected and until the appointment and qualification of their successors under such charter; and no election for any such officer whose successor is so to be appointed shall be had at any election held subsequent to the approval of such charter, except to fill a vacancy for an unexpired term. (Amendment approved 1913; Stats. 1913, p. 1373.]
Legislation § 4021. 1. Enacted by Stats. 1907, p. 362; similar to former County Gov. Act 1897, p. 474, $ 58. 2. Amended by Stats. 1913,
$ 4021a. Recall of officers of counties or subdivisions thereof. Petition for removal. Examination by clerk. Supplemental petition. Election. Nominations. Contents of ballot. Successor to officer removed. Duty of registrar of voters. The holder of any elective office of any county or of any township or supervisor district thereof, may be removed or recalled at any time by the electors; provided, he has held his office at least six months. The provisions of this section are intended to apply to officials now in office, as well as to those hereafter elected. The procellure to effect such removal or recall shall be as follows:
A petition demanding the election of a successor to the person sought to be removed shall be filed with the county clerk, which petition shall be signed by registered voters equal in number to at least twenty per cent of the entire vote cast within such county for all candidates for the office which the incumbent, sought to be removed, occupies at the last preceding general election at which such officer was voted for (or a like percentage of such vote within those precincts of the county embraced within the district, township or subdivision of the county entitled to vote for a successor to the officer named, in case of an official not elected by the county at large), and shall contain a statement of the grounds on which the removal or recall is sought, which statement is intended solely for the information of the electors. Any insufficiency of form or substance in such statement shall in nowise affect the validity of the election and proceedings held thereunder. The signatures to the petition need not all be appended to one paper. Each signer shall add to his signature his place of residence and occupation, giving street and number, where such street and number, or either, exist, and if no street or number exist, then such a designation of the place of residence as will enable the location to be readily ascertained. Each such separate paper shall have attached thereto an affidavit made by a qualified elector of the county (or particular subdivision of the county, as the case may be) and sworn to before an officer competent to administer oaths, stating that the affiant circulated that particular paper and saw written the signatures appended thereto; and that according to the best information and belief of the affiant, each is the genuine signature of the person whose name purports to be thereunto subseribed and of a qualified elector of the county (or particular subdivision thereof). Within ten days from the date of filing such petition, the clerk shall examine and from the records of registration ascertain whether or not said petition is signed by the requisite number of qualified electors, and he shall attach to said petition his certificate showing the result of said examination. If by the clerk's certificate the petition is shown to be insufficient, it may be supplemented within ten days from the date of such certificate, by the filing of additional papers, duplicates of the original petition except as to the names signed. The clerk shall, within ten days after such supplementing papers are filed, make like examination of the supplementing petition, and if his certificate shall show that all the names to such petition, including the supplemental papers, are still insufficient, no action shall be taken thereon; but the petition shall remain on file as a public record; and the failure to secure sufficient names shall be without prejudice to the filing later of an entirely new petition to the same effect. If required by the clerk, the board of supervisors shall authorize him to employ, and shall provide for the compensation of, persons necessary in the examination of said petition and supplementing petitions, all in addition to the persons regularly employed by him in his office. In case the clerk is the officer sought to be recalled, the duties herein provided to be performed by him, shall be performed by some other person designated by said board, for that purpose. If the petition shall be found to be sufficient, the clerk shall submit the same to the board of supervisors without delay, whereupon the board shall forthwith cause a special election to be held within not less than thirty-five nor more than forty days after the date of the order calling such election, to determine whether the voters will recall such officer; provided, that if a general election is to occur within sixty days from the date of the order calling such election, the board may in its discretion postpone the holding of such election to such general election or submit such recall election at any such general election occurring not less than thirty-five days after such order. If a vacancy oceur in said office after a recall petition is filed, the election shall nevertheless proceed as in this section provided. One petition is sufficient to propose the removal and election of one or more elective officials. One election is competent for the removal and election of one or more elective officials. Nominations for any office under such recall election shall be made by petition in the manner prescribed by section 1188 of this code'; except that no party affiliation of candidate, signer or verification deputy shall be given, nor shall the election as a convention delegate or participation in a primary election be any bar to signing such petition. Upon the sample ballot there shall be printed in not more than two hundred words the reasons set forth in the recall petition for demanding the recall of the officer, and upon the same ballot in not more than two hundred words, the officer may justify his course in office.
There shall be printed on the recall ballot, as to every officer whose recall is to be voted on thereat, the following question: "Shall (name of person against whom the recall petition is filed) be recalled from the office of (title of the office)?" following which question shall be the words “Yes” and “No” on separate lines, with a blank space at the right of each, in which the voter shall indicate, by stamping a cross (X), his vote for or against such recall. On such ballots, under each such question, there shall also be printed the names of those persons who . have been nominated in the manner provided by law for the nomination of candidates for such office as candidates to succeed the person recalled, in case he shall be removed from office by said recall election; but no vote cast shall be counted for any candidate for said office unless the voter also voted on said question of the recall of the person sought to
be recalled from said office. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office. If a majority of those voting on said question of the recall of any incumbent from office shall vote "No," said incumbent shall continue in said office. If a majority shall vote “Yes," said incumbent shall thereupon be deemed removed from office, upon the qualification of his
The canvassers shall canvass all votes for candidates for said office and declare the result in like manner as in a regular election. If the vote at any such recall election shall recall the officer, then the candidate who has received the highest number of votes for the office shall be thereby declared elected, for the remainder of the term. In case the person who received the highest number of votes shall fail to qualify within ten days after receiving the certificate of election, the office shall be deemed vacant and shall be filled according to law. Where the office of registrar of voters exists, the duties herein imposed upon the county clerk shall be performed by said registrar of voters. (Amend. ment approved 1912; Stats. Ex. Sess. 1911, p. 122.]
Legislation g 4021a. 1. Added by Stats. 1911, p. 580. 2. Amended by Stats. ex. sess. 1911, p. 122.
$ 4022. Official bonds. The board of supervisors of each county shall, on or before the first Monday in September, preceding the election of the following officers, prescribe the amount in which said officers must execute official bonds: Treasurer, county clerk, auditor, sheriff, tax-collector, district attorney, recorder, assessor, surveyor, superintendent of schools, public administrator, coroner, justice of the peace, and constable. The judge or judges of the superior court shall, on or before the said first Monday of September, prescribe the amount in which each member of the board of supervisors must execute an official bond before entering upon the discharge of the duties of his office. The bonds and sureties of such officers must, before the bonds can be recorded and filed, be approved by the judge, or judges, if there be more than one, of the superior court. All persons offered as sureties on official bonds may be examined on oath touching their qualifications, and no person can be admitted as surety on any such bond unless he is a resident and freeholder or householder within the state, and is worth in real or personal property, or both, situate in this state, the amount of his undertaking, over and above all sums for which he is already liable, exclusive of property exempt from execu. tion and forced sale. All official bonds shall be recorded in the office of the county recorder, and then filed and kept in the office of the county clerk. The official bond of the county clerk shall, after being recorded, be filed and kept in the office of the county treasurer. The tax-collector shall also before qualifying give a bond as license-collector in such sum as may be fixed by the board of supervisors, to be approved as provided in this section.
Bonds of county officers to be approved by superior judge: See ante, $ 950.
Legislation & 4022. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 95. 3. Repealed by Stats. 1907, p. 354. 4. Enacted by Stats. 1907, p. 362; same as former County Gov. Act 1897, § 66.
$ 4023. Qualifications necessary to hold office. No person is eligible to a county, district, or township office, who, at the time of his election, is not of the age of twenty-one years, or over, a citizen of the state, and an elector of the county, district, township, or other division, in which the duties of the office are to be exercised; provided, that no person shall hereafter be eligible to the office of district attorney who has not been admitted to practice in the supreme court of the state of California; and provided further, that the county livestock inspector shall, at the time of his appointment, be a duly qualified veterinary surgeon having on file in the office of the county clerk a certificate issued to him by the state veterinary medical board. (Amendment approved 1911; Stats. Ex. Sess. 1911, p. 15.]
Elector, defined: See ante, $ 59.
Majority and citizenship as qualifications for civil office: See ante, § 841.
Legislation § 423. 1. Enacted by Stats. 1907, p. 363; same as former County Gov. Act 1897, p. 475, $ 54, as amended by Stats. 1905, p. 721; same subject treated in old $$ 4101, 4102 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Original $ 4023 enacted March 12, 1872; amended by Code Amdts. 1880, p. 95; repealed by Stats. 1907, p. 354. 2. Amended by Stats. ex sess. 1911, p. 15.
§ 4024. Appointment of deputies. Every county, township, or district officer, except a supervisor or judicial officer, may appoint as many deputies as may be necessary for the prompt and faithful discharge of the duties of his office. Such appointment must be made in writing, and filed in the office of the county clerk; and until such appointment is so made and filed, and until such deputy shall have taken the oath of office, no one shall be or act as such deputy.
Aliens, prohibitions of appointment of, as: See Stats. 1880, p. 23.
Powers, duties, etc.: See ante, § 865. Legislation & 4024. Enacted by Stats. 1907, p. 363; same as former County Gov. Act 1897, p. 179, § 59; same subject treated in old $$ 4112, 4113 (enacted March 12, 1872; repealed by Stats. 1907, p. 354). Origi. nal § 4024 enacted March 12, 1872; amended by Code Amdts. 1880, p. 95; repealed by Stats. 1881. p. 73.
§ 4025. County clerk must provide books of affidavits, etc. 1. The county clerk must provide the original books of affidavits of registration required by law and printed copies of the indexes, poll-lists, poll-books, blank returns and certificates and other appropriate and necessary appliances for holding all elections in the county. The county board of supervisors shall allow reasonable charges therefor, and for the transmission and return of the same to the proper officers. 2. The county board of supervisors shall furnish proclamations of elections. [ Amendment approved 1915; Stats. 1915, p. 296.]
Legislation & 4025. 1. Enacted by Stats. 1907, p. 363; substantially same as former County Gov. Aet 1897, p. 468, § 34, and old § 4064 (enacted March 12, 1972; repealed by Stats, 1907, p. 354). Original $ 4025 enacted March 12, 1872; amended by Code Amdts. 1880, p. 96; repealed by Stats. 1907, p. 354. 2. Amended by Stats. 1915, p. 296.
be pe of
Canvass of elections. Repealed 1915; Stats. 1915, p. 296.]
1. Enacted by Stats. 1907, p. 363; same as former (enacted March 12. 1872; repealed by Stats. 1907, p. 351). Original (ountr Gor, Aut 1897, p. 109, $ 35; substantially same as old $ 4065 1036 enacted March 12, 1872; amended by Code Amdts. 1880, p. 96;
2. Repealed by Stats. 1915, p. 296.
Legislation & 1026.
repealed bv Stats. 1907, p. 35+.
The Board of Supervisors. $$ 4027-4036.
General Permanent Powers.
Ordinances. $$ 4057, 4058.
VIII. Liabilities. $ 1071.
X. XI. XII. XIII.
Claims against County. $8 4074-4080.
The Board of Supervisors.
Vacancy in office of supervisor, how filled.
$ 4036. May direct sheriff to attend meetings of, etc. § 4027. Organization and tenure. Each county must have a board of supervisors consisting of five members, not more than three of whom shall be elected at the same general election. If in any county the terms of office of more than three of the board of supervisors expire at the same time, such members shall at the first regular meeting after the first day of January following the next election of such members, so classify themselves by lot that not more than three members so elected shall serve for four years, and two for the term of two years. Thereafter the term of office of each member shall be four years. (Amendment approved 1909; Stats. 1909, p. 266.]
Legislation & 4027. 1. Enacted by Stats. 1907, p. 36t. 2. Amended by Stats. 1909, p. 266; first sentence similar to former County Gov. Act 1897, p. 45.5, $ 11. Original § 1027 enacted March 12, 1872; repealed (1) by Code Amdts. 1880, p. 96, and (2) by Stats. 1881, p. 73.
§ 1028. Members, qualifications of. Each member of the board of supervisors must be an elector of the district which he represents, must reside therein during his incumbeney, must have been such elector for