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or neglect to deliver to the actual incumbent any such books or papers, such actual incumbent may apply, by petition, to any court of record sitting in the county where the person so refusing or neglecting resides, or to any judge of the superior court residing therein, and the court or officer applied to must proceed in a summary way, after notice to the adverse party, to hear the allegations and proof of the parties, and to order any such books or papers to be delivered to the petitioners. [Amendment approved 1880; Code Amdts. 1880, p. 20.]

Penalty for refusal: See Pen. Code, §§ 76, 77.

Legislation § 1015.

1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 20.

§ 1016. Attachment and warrant to enforce. The execution of the order and the delivery of the books and papers may be enforced by attachment as for a witness, and also, at the request of the petitioner, by a warrant directed to the sheriff or a constable of the county, commanding him to search for such books and papers, and to take and deliver them to the petitioner.

Legislation § 1016. Enacted March 12, 1872.

ARTICLE XII.

Miscellaneous Provisions.

1026. Seals of executive officers.

1027. Great scal.

$1028. Executive and judicial officers may administer oaths.

$1029. Salaries of officers.

§1030. Office hours..

$1031. Signature of officers acting ex officio.

Exceptions.

1032. Records open to public inspection. §1033. State officers to receive no fee in performance of official duty.

§ 1026. Seals of executive officers. Except where otherwise specially provided by law, the seals of office of the various executive officers are those in use by such officers at the time this code takes effect, and each of such officers must at once file a description and impression of such seal in the office of the secretary of state.

Seal:

1. Definition of: Ante, § 14.

2. Great, of the state: Post, § 1027.

3. Of inspector of gas-meters: Ante, § 578.

4. Of notary public: Ante, § 794, subds. 7, 8.

5. Of commissioner of deeds: Ante, § 812, subds. 4, 5.

6. Of fire department: Post, § 3340.

Legislation § 1026. Enacted March 12, 1872.

§ 1027. Great seal. The great seal of the state is the one in use at the time of the adoption of this code.

Great seal: Const., art. V, § 13; ante, §§ 407, subd. 4, 408, subd. 3, 416, subd. 3.

Legislation § 1027. Enacted March 12, 1872.

§1028. Executive and judicial officers may administer oaths. Every executive and judicial officer may administer and certify oaths.

Pol, Code-15

Oaths, what officers may administer: Code Civ. Proc., §§ 179, 259, 2012, 2093, 2097; post, § 4314.

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§ 1029. Salaries of officers. Unless otherwise provided by law, the salaries of officers must be paid out of the general fund in the state treasury, monthly, on the last day of each month.

Legislation § 1029. Enacted March 12, 1872.

§ 1030. Office hours.

Unless otherwise provided by law, every officer must keep his office open for the transaction of business from ten o'clock a. m. until four o'clock p. m. each day, except upon holidays.

Holidays: Ante, §§ 10, 11.

Office hours: See post, § 4312.

Legislation § 1030. Enacted March 12, 1872.

When an officer dis

§ 1031. Signature of officers acting ex officio. charges ex officio the duties of another office than that to which he is elected or appointed, his official signature and attestation must be in the name of the office the duties of which he discharges.

Legislation § 1031. Enacted March 12, 1872; based on Stats. 1861, p. 139, § 1.

§ 1032. Records open to public inspection. Exceptions. The public records and other matters in the office of any officer, are at all times, during office hours, open to the inspection of any citizen of this state. In all actions for divorce, the pleadings, and the testimony taken and filed in said actions, shall not be by the clerk with whom the same is filed, or the referee before whom the testimony is taken, made public, nor shall the same be allowed to be inspected by any person except the parties that may be interested, or the attorneys to the action, or by an order of the court in which the action is pending; a copy of said order must be filed with the clerk. In cases of attachment, the clerk of the court with whom the complaint is filed shall not make public the fact of the filing of such complaint, or of the issuing of such attachment, until after the filing of return of service of attachment. [Amendment approved 1874; Code Amdts. 1873-74, p. 14.]

Public writings open to inspection: Code Civ. Proc., § 1892.
Divorce: Civ. Code, §§ 82-148.

Attachment: Code Civ. Proc., §§ 537-559.

Violation of section: Pen. Code, § 176.

Legislation § 1032. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1873-74, p. 14.

§ 1033. State officers to receive no fee in performance of official duty. The salaries fixed by law for all state officers, elective or appointive, shall be compensation in full for all services rendered in any official capacity or employment whatsoever, during their terms of office, and no such officer shall receive for his own use any fee or perquisite for the performance of any official duty.

Salary full compensation for all services: See post, § 4290.
Legislation § 1033. Added by Stats. 1905, p. 212.

TITLE II.

Of Elections.

Chapter I. General Provisions Relating to Elections. Articles I-IV. §§ 1041-1080.

II. Qualification and Disabilities of Electors. §§ 1083-1084.
III. Registration of Electors. §§ 1094-1121.

IV. Election Precincts. §§ 1125-1133.

V. Boards of Election. §§ 1142-1151.

VI. Opening and Closing the Polls. §§ 1160-1164.

VII. Poll-lists. §§ 1174, 1175.

VIII. Election Tickets and Ballots. §§ 1185-1216.

IX. Voting and Challenges. §§ 1224-1243.

X. Canvassing and Returning the Vote. §§ 1252-1268.
XI. Canvass of Returns. Declaration of Result.

and Certificates of Election. §§ 1278-1297.

Commissions

XII. Election for Electors of President and Vice-President.

§§ 1307-1322.

XIII. Elections for Members of Congress. Articles I, II.

§§ 1332-1347.

XIV. Primary Elections. §§ 1357-1380.

CHAPTER I.

General Provisions Relating to Elections.

Article I. Time of Holding Elections. §§ 1041–1044.
II. Election Proclamations. §§ 1053-1056.
III. Miscellaneous Provisions. §§ 1066-1073.

IV. County, City, and City and County Boards of Election Com-
missioners. §§ 1075-1080.

ARTICLE I.

Time of Holding Elections.

1041. General election, when to be held.

§ 1042.

Judicial election, when to be held. [Repealed.] $1043. Special elections, when to be held.

§ 1044. Conduct of municipal elections.

§1041. General election, when to be held. There must be held throughout the state, on the first Tuesday after the first Monday of November, in the year eighteen hundred and eighty, and in every second year thereafter, an election, to be known as the general election. [Amendment approved 1880; Code Amdts. 1880, p. 77.]

Legislation § 1041. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1880, p. 77.

§1042. Judicial election, when to be held. [Repealed 1880; Code Amdts. 1880, p. 77.]

Legislation § 1042.

Amdts. 1880, p. 77.

1. Enacted March 12, 1872. 2. Repealed by Code

§1043. Special elections, when to be held. Special elections are such as are held to supply vacancies in any office, and are held at such times as may be designated by the proper board or officer.

Vacancies: Ante, §§ 996 et seq.

Designating time of election: See post, § 1053.
Legislation § 1043. Enacted March 12, 1872.

§ 1044. Conduct of municipal elections. Except in the particulars or cases otherwise provided for in the constitution or laws of the state or by provisions of a freeholder charter duly adopted or amended pursuant to the constitution of this state, all municipal elections, where the same are held separate from state elections, and all elections held under the authority of section 8 of article 11 of the constitution, to elect boards of freeholders, or to vote upon proposed charters, or upon amendments to existing charters, and all other special elections, including all special elections to vote upon or for or against any proposition or question authorized to be submitted to a vote, shall be conducted under the provisions of sections 1044, 1120, 1121, 1133 and 1151 of this code. [Amendment approved 1911; Stats. 1911, p. 896.]

Legislation § 1044. 1. Added by Stats. 1907, p. 661. 2. Amended by Stats. 1911, p. 896.

§ 1053.

§ 1054.

§ 1055.
§ 1056.

ARTICLE II.

Election Proclamations.

Election proclamations by the governor.
Governor's proclamation, what to contain.
Publication and posting by supervisors.
Election proclamations by supervisors.

§ 1053. Election proclamations by the governor. At least thirty days before a general election, and whenever he orders a special election to fill a vacancy in the office of state senator or member of assembly, at least ten days before such special election the governor must issue an election proclamation, under his hand and the great seal of the state, and transmit copies thereof to the boards of supervisors of the counties in which such elections are to be held. [Amendment approved 1880; Code Amdts. 1880, p. 77.]

Legislation § 1053. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1877-78, p. 25. 3. By Code Amdts. 1880, p. 77.

§ 1054. Governor's proclamation, what to contain. Such proclamation must contain:

1. A stateinent of the time of election, and of the offices to be filled; 2. An offer of rewards in the following form: "And I do hereby offer a reward of one hundred dollars for the arrest and conviction of any and every person violating any of the provisions of title four, part one, of the Penal Code; such rewards to be paid until the total amount hereafter expended for the purpose reaches the sum of ten thousand dollars."

Provisions of Penal Code on crimes against the elective franchise: Pen. Code, §§ 40-644.

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§ 1055. Publication and posting by supervisors. The board of supervisors, upon the receipt of such proclamation may, in case of general or special elections, cause a copy of the same to be published in some newspaper printed in the county, if any, and to be posted at each place

of election at least ten days before the election, and in case of special elections to fill a vacancy in the office of state senator or member of assembly, the board of supervisors, upon receipt of such proclamation, may, in their discretion, cause a copy of the same to be published or posted as herein before provided, except that such publication or posting need not be made for a longer period than five days before such election. [Amendment approved 1880; Code Amdts. 1880, p. 77.]

Legislation § 1055. 1. Enacted March 12, 1872. 2. Amended by Code Amdts. 1875-76, p. 24. 3. By Code Amdts. 1877-78, p. 26. 4. By Code Amdts. 1880, p. 77.

§ 1056. Election proclamations by supervisors. Whenever a special election is ordered by the board of supervisors, they must issue an election proclamation, containing the statement provided for in subdivision one of section ten hundred and fifty-four, and must publish and post it in the same manner as proclamations issued by the governor.

Special elections: Ante, §§ 1043, 1053.
Legislation § 1056. Enacted March 12, 1872.

ARTICLE III.

Miscellaneous Provisions.

1066. Proportion of votes necessary to elect.

$1067. Proceedings on a tie vote other than for governor or lieutenantgovernor.

$1068. Same, on tie vote for governor or lieutenant-governor.

$1069. Electors privileged from arrest, when.

1070. Electors exempt from militia duty, when.

$1071. No fees for certificate of registration.

$1072. Compensation of officers of election.

1072a. Unlawful for election officer to assign compensation until after returns have been sealed.

$1073. County clerk to furnish poll lists, etc.

§ 1066. Proportion of votes necessary to elect. The person receiving at any election a plurality of the votes polled for any office to be filled at such election, is elected thereto; provided, that in any city, county or city and county which, by its charter, prescribes for the election of its officers a higher proportion of votes than a plurality, such higher proportion of votes as may be so prescribed shall be necessary for such election; and provided, further, that in any municipality organized or incorporated under general laws, such higher proportion of votes than a plurality as may be prescribed by general law shall be necessary for the election of the officers of such municipality. [Amendment approved 1911; Stats. Ex. Sess. 1911, p. 16.]

Plurality elects: Const., art. XX, § 13.

Legislation § 1066. 1. Enacted March 12, 1872. 2. Amended by Stats. 1911 (Extra Session), p. 16.

§1067. Proceedings on a tie vote other than for governor or lieutenantgovernor. If at any election, except that for governor or lieutenantgovernor, two or more persons receive an equal and the highest number of votes, there is no choice, and a special election to fill such office must be ordered by the proper board or officer.

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