Affidavits

must be filed in

Clerk's

office.

Persons not to be

registered counties at

in different

the same time.

Cancellation of entry.

When entry may

1103. The Clerk must file and preserve all affidavits returned to him by the Assessor or used before him for the purpose of obtaining registration.

1104. No person must cause himself to be registered or enrolled in one county when his registration in another remains uncanceled.

NOTE.-The object of this section is to compel persons before registering in one county to have their registration in another county canceled so that he may not in such other county be personated by another, and a fraudulent vote polled. The Penal Code, Sec. 42, fixes the punishment for a violation of the above section at a fine not exceeding one thousand dollars, or by imprisonment in the County Jail or State Prison not exceeding one year, or by both such fine and imprisonment. It gives a wide latitude to the Court in prescribing such punishment. If it appeared on the trial that the offense was committed through ignorance or inadvertence, the fine ought to be light; otherwise, the punishment should be severe.

1105. There must be left opposite each name in the Great Register a blank for cancellation. Cancellation is made by writing in such blank the word "Canceled," and a statement of the reasons therefor.

1106. The Clerk must cancel the entry in the folbe canceled lowing cases:

1. At the request of the party registered;

2. When he knows of the death or of the removal of the person registered;

3. When the insanity of the person registered is legally established;

4. Upon the production of a certified copy of a judgment of felony, in full force against the person registered;

5. Upon the production of a certified copy of a judgment directing the cancellation to be made;

6. Upon the certificate of the Board of Election of any precinct sent up with the election returns, stating

the death or removal, within their own knowledge, of the person registered.

NOTE. The evidence, such as the affidavit of a person giving the time, place, and circumstances of the death or removal, or a written statement of the Clerk's own knowledge, making the same statement, or the certificate of an officer thereto, ought in each case of cancellation under Subd. 2, to be filed by the Clerk for his own protection and the satisfaction of the public.

give

of regis

1107. Upon the application of the party in person Clerk must or in writing, the Clerk must give him or his agent a certificate certified copy of the entries upon the Great Register tration. relating to such party.

NOTE. If a person desires to register in another county, the word "Canceled" is entered upon the Great Register, and the copy shows that entry, thus making the certificate available for his purpose. If he takes a certificate without that word, it is primary evidence that he is entitled to vote at some place in the county. In a subsequent part of this Title it is provided that persons whose names are placed on the Great Register after the printed lists are made out may nevertheless vote upon producing and filing with the Election Board a certificate of his registration. These are some of the uses of the foregoing section.

refused

may

1108. If the Clerk refuses to enter the name of Persons any qualified elector of the county upon the Great registration Register, such elector may proceed by action in the proceed District Court to compel such entry.

NOTE. This section affords those who have applied for registration, and have been rejected, an opportunity to test the right claimed in the Courts. The old law provided that in such cases they might proceed by mandamus; but it is, to say the least, very doubtful whether in that proceeding any Court could review the action of the Clerk upon the weight of the evidence. If so, there was no need of any provision, for mandate would lie without such a provision. To avoid all difficulty upon so important a question we give the applicant an opportunity to try the whole matter in Court, subject to the same rules as govern other actions. There are many reasons why this proceeding should be had in the District instead of the County Courts. The

by action.

Any person

may

proceed by action to have

canceled.

remedy by mandate, if ever effectual, is not taken away. It exists under the power to compel a performance of the duties of the Clerk, which power is by general laws vested in the Courts.

1109. Any person may proceed by action in the District Court to compel the Clerk to cancel any entry

registration made on the Great Register illegally, or that ought to be canceled by reason of facts that have occurred subsequent to the time of such entry.

Parties to

such actions.

Same.

NOTE.-Sec. 1106, ante, makes it the duty of the Clerk to cancel the registration upon the happening of certain events-such as death, removal from the county, conviction for a felony, etc.; but he may willfully neglect the performance of his duty, or may not be possessed of the facts. The section above gives to any person, at any time, the right to purge the Great Register. Committees of political parties may always examine the register, and may take steps, under the provisions of this section, to purge it of names not legally thereon, or to test the legality of any entry made in it. It is not in the power of humanity to enact laws that will effectually accomplish the purpose intended, and sometimes stringent provisions in statutes impose greater wrongs than would flow from the evil such provisions were intended to avert, but it seemed to the Commissioners that, under the provisions of this Chapter, it is within the power of the citizens of the county to keep their Great Register what it is intended to be a list of the voters of the county. No law that could be framed would be entirely effectual for that purpose unless the citizens of the county at all times manifest an interest in preserving the purity of the elective franchise.

1110. In an action under the authority of Sec. 1108 as many persons may join as plaintiff's as have causes of action.

NOTE. This section avoids the expenses of a separate action in each case.

1111. In an action under the authority of Sec. 1109 the Clerk and as many persons as there are causes of action against may be joined as defendants.

NOTE. This section enables any person taking proceedings to purge the Great Register to join all persons whose names are claimed to be illegally thereon in one proceeding. This will make the remedy more effectual, because cheaper.

1112. Costs cannot be recovered against the Clerk

Costs not

to be

against the

in any action under the authority of this Chapter recovered unless it is alleged in the complaint, and established Clerk on the trial, that the Clerk knowingly and willfully violated a plain duty.

1113.

NOTE. It would be manifestly improper to subject a faithful officer-one who only seeks by his actions to fairly and honestly discharge the duties imposed upon him-to the payment of costs for a mistake in judgment fairly made and given. It is equally manifest that, if he acts arbitrarily and oppressively, he should be so subject.

except in certain cases.

make copy of Great Register.

Before the fifth day of August, in the year Clerk to eighteen hundred and seventy-three, and in every second year thereafter, each County Clerk must make out a copy of the uncanceled entries existing on the Great Register on the preceding first day of August.

NOTE.-The Great Register must also be printed this present year (1872). Secs. 6 and 7 of "An Act to put into effect certain parts of the Codes and provide for their publication," approved March twelfth, eighteen hundred and seventy-two, read as follows:

SEC. 6. In addition to the duties prescribed by Sec. 1113 of the Political Code, each County Clerk must, before the fifth day of October, eighteen hundred and seventy-two, make out a copy of the uncanceled entries existing on the Great Register of his county on the first day of October, one thousand eight hundred and seventy-two.

SEC. 7. The copy so made out must be published and distributed as provided in Secs, 1114, 1115, and 1116 of the Political Code, and shall in all respects have like force and effect as will the copy made as provided in Sec. 1113 of such Code.

must be

alphabeti

1114. In such copy the names must be arranged Names alphabetically, according to surnames, and must be arranged numbered consecutively from the first to the last cally and name, inclusive.

NOTE.-Copies of the Great Register (as will be seen from subsequent provisions of this Title) take the place

numbered.

Printed copies, how

of the poll lists. For this reason it is provided that such copies must be printed immediately preceding each general election. Provisions are also made that persons who are registered subsequent to the time these copies are made may vote upon filing with the Election Board a certificate of registration. Ample provisions are made for a timely distribution of the copies, so that all may know at an early day who are claimed to be voters up to the time the copy was made.

1115. Within fifteen days after making such list the Clerk must have printed a sufficient number of copies thereof to supply each election precinct in the county with not less than ten copies thereof, and fifty additional for every one thousand votes cast in the county at the next preceding general election.

NOTE.-See note to preceding section.

1116. The Clerk must, as soon as such copies are distributed printed:

Copy of entry primary evidence

that the

1. Post one copy in some public place in the Court House;

2. Deliver, upon demand, one copy to each county and township officer in the county;

3. Transmit and cause to be delivered not less than ten copies to each Election Board in the county;

4. Preserve five copies in his office for the inspection of the public;

5. Transmit to the State Library and Mercantile Library of San Francisco one copy each;

6. Deliver one copy to each elector of the county applying therefor until the remainder of the edition printed is exhausted.

NOTE.-See note to Sec. 1114, ante.

1117. A certified copy of an uncanceled entry upon the Great Register is primary evidence that the

party is an person named in the entry is an elector of the county.

elector.