Return list. Certain papers to be sealed up. Inspector to keep certain papers. Returns and ballots to be delivered to a member of the Board. Must be delivered to County Clerk. 1260. As soon as all the votes are counted and the tickets sealed up, lists must be attached to the tally lists containing the names of persons voted for and for what office, and the number of votes given for each candidate, the number being written at full length, and such lists must be signed by the members of the Board and attested by the Clerks, substantially in the form in Section 1174 given. 1261. The Board must before it adjourns inclose in a cover and seal up and direct to the County Clerk the copy of the Great Register upon which one of the Judges marked the word "Voted" as the ballots were received, all certificates of registration received by it, the list of persons challenged, one copy of the list of voters, and one copy of the tally list and list attached thereto. 1262. The Inspector must retain open to the inspection of all for at least six months the other copy of the list of voters, tally list, and list attached thereto. 1263. The sealed packages containing the Register, lists, papers, and ballots, must before the Board adjourns be delivered to one of its number, to be determined by lot, unless otherwise agreed upon. 1264. The member to whom such packages are delivered must, before the next succeeding Monday, deliver such packages, without their having been opened, to the County Clerk. NOTE. This section requires one of the officers of election to take and deliver the returns and ballots; the one to do it is selected and receives the packages before the Board adjourns. If the packages are opened, lost, or destroyed, it would be difficult for him to evade the responsibility. The additional security afforded by such a course will more than compensate for the additional trouble incurred. keep unopened. 1265. Upon the receipt of the packages the Clerk Clerk to must file the one containing ballots, and must keep ballots it unopened and unaltered for twelve months, after which time, if there is not a contest commenced in' some tribunal having jurisdiction about such election, he must burn the package, without opening or examining its contents. ballots destroyed; when opened. 1266. If within twelve months there is such a con- When package test commenced, he must keep the package unopened containing and unaltered until it is finally determined, when he re must, as provided in the preceding section, destroy it, unless such package is, by virtue of an order of the tribunal in which the contest is pending, brought and opened before it, to the end that evidence may be had of its contents, in which event the package and contents are in the custody of such tribunal. NOTE.-Under the system existing in this State prior to the adoption of this Code, the ballots might be recounted by the Supervisors. This opens the door to fraud, and ought not to be the rule. The ballots are in the first place counted by the Election Board in public; and under the provisions of this Title it is scarcely probable that anything wrong could occur in the counting; at all events the wrong could be observed, detected, and corrected. But if a wrong is done, or even suspected, the evidence is preserved and protected by all the safeguards that can be conveniently thrown around it. It is manifest that any further examination should take place in a tribunal authorized to try contested election cases, subject to the rules of pleadings and practice therein. to be 1267. The other package the Clerk must produce Returns before the Board of Supervisors, when it is in session delivered for the purpose of canvassing returns. NOTE.-The following decisions, rendered under the former election law, may be of service in settling some of the questions, if any should arise under this section.Calaveras Co. vs. Brockway, 30 Cal., p. 325; Keller vs. Chapman, 34 Cal., p. 635. by Clerk to Supervisors 1268. As soon as the returns are canvassed the Clerk must take the copy of the Register returned and file it in his office. NOTE. It is provided by Sec. 1096, ante, that the names on the copy of the Great Register are numbered consecutively from first to last, and opposite the name of each person who has voted, as required by Sec. 1228, ante, is written the word "Voted." This section brings every copy so used together in the Clerk's office. If any one is suspected of having voted twice in the same county that fact must appear. If William Thompson, opposite whose name stands the number 750, voted at a given precinct, it is only needed, to tell whether he has voted at another, to turn to the Register returned from that precinct, and look at number 750. Indeed, it would be but little work for a Grand Jury to examine every number. The facility with which double voting could be detected is one of the great advantages of a system founded upon the Register as a "list of voters" over the old system of "poll lists." CHAPTER XI. CANVASS OF RETURNS-DECLARATION OF RESULT-COMMIS- SECTION 1278. Meeting of Supervisors to canvass returns. 1279. Same. 1280. Same. 1281. Canvass, how made. 1282. Statement of result to be entered of record. 1283. Declaration of result. 1284. Certificates issued by Clerk. 1285. District returns, how made up. 1286. How transmitted. 1287. Duty of Clerk receiving district returns. 1288. State returns, how made. 1289. How transmitted. 1290. Duty of Secretary of State relative to. 1291. Commissions issued by Governor. 1292. Returns of election for Governor and Lieutenant Gov ernor, how made. 1293. How transmitted. 1294. Same. SECTION 1295. Same. 1296. Canvass of returns of election for Governor and Lieu tenant Governor. 1297. Defects in form of returns, when to be disregarded. Supervisors returns. 1278. The Board of Supervisors of each county, Meeting of except Humboldt, San Diego, and Trinity, must meet to canvass at their usual place of meeting on the first Monday after each election, to canvass the returns. NOTE. See cases referred to in note to Sec. 1267, ante. man. 1279. The Board of Supervisors of the counties Same. excepted must each meet at its usual place of meeting on the second Monday after each election to canvass the returns. NOTE.-The counties named in the preceding section are excepted from the general rule as to the time of meeting in the law as it now stands. These exceptions were made because, for many reasons, communication. between the county seats and the election precincts was often interrupted or delayed. Time will obliterate the reason for the exception. 1280. If at the time of meeting the returns from Same. each precinct in the county in which polls were opened have been received, the Board must then and there proceed to canvass the returns; but if all the returns have not been received the canvass must be postponed from day to day until all of the returns are received, or until six postponements have been had. how made. 1281. The canvass must be made in public, and Canvass, by opening the returns and estimating the vote of such county or township for each person voted for, and for and against each proposition voted upon at such election, and declaring the result thereof. of result entered of 1282. The Clerk of the Board must, as soon as Statement the result is declared, enter on the records of such to be Board a statement of such result, which statement record. must show: Same. Declaration of result. Certificates issued by Clerk. District returns, how made up. 1. The whole number of votes cast in the county; 2. The names of the persons voted for, and the propositions voted upon; 3. The office to fill which each person was voted for; 4. The number of votes given at each precinct to each of such persons, and for and against each of such propositions; 5. The number of votes given in the county to each of such persons, and for and against each of such propositions. 1283. The Board must declare elected the person having the highest number of votes given for each office to be filled by the votes of a single county or subdivision thereof. NOTE. It was held in the case of Magee vs. Supervisors of Calaveras Co., 10 Cal., p. 376, that mandamus would not lie to compel the issuing a certificate of election to one whom the Board, in the exercise of its discretion in canvassing the returns, had found and declared not to be elected. Such a certificate is not conclusive, but primary evidence of election, which fact may be shown aliunde the certificate, or adversely to the certificate.-See, also, Calaveras Co. vs. Brockway, 30 Cal., p. 325. Unless material irregularity affecting the result of the election actually occurs, it was held in Whipley vs. McKune that an election had at the time and place and by the right officers is valid.-12 Cal., p. 352. 1284. The County Clerk must immediately make out and deliver to such person (except to the person elected County Judge) a certificate of election, signed by him, and authenticated with the seal of the County Court. NOTE.-See note to the preceding section. 1285. When there are officers other than Representatives in Congress voted for, who are chosen by the electors of a district composed of two or more counties, each of the County Clerks of the counties |