composing such district, immediately after making out the statement specified in Section 1282, must make a certified abstract of so much thereof as relates to the election of such officers. mitted. 1286. The Clerk must seal up such abstract, How transindorse it "Election Returns," and without delay transmit the same by mail to the County Clerk of the county which stands first in alphabetical arrangement in the list of counties composing such district. district returns. 1287. The Clerk to whom the election returns of Duty of Clerk a district are made must, on the twentieth day after receiving such election, or sooner, if returns from all the counties in the district have been received, open in public such returns, and from them and the statement of the vote for such officers in his own county: 1. Make a statement of the vote of the district for such officers, and file the same, together with the returns, in his office; 2. Transmit a certified copy of such statement to the Secretary of State; 3. Make out and deliver or transmit by mail to the persons elected a certificate of election (unless it is by law otherwise provided.) returns, how made. 1288. When there has been a judicial election, or State when there has been a general or special election for officers chosen by the electors of the State at large, each County Clerk, so soon as the statement of the vote of his county is made out and entered upon the records of the Board of Supervisors, must make a certified abstract of so much thereof as relates to the votes given for persons for offices to be filled at such judicial election (except Justices of the Peace) or at such general or special elections. How transmitted. Duty of Secretary of State relative to. Commissions issued by Governor. Returns of election for and Governor, 1289. The Clerk must seal up such abstract, indorse it "Election Returns," and without delay transmit it by mail to the Secretary of State. 1290. On the sixtieth day after the day of election, or so soon as the returns have been received from all the counties of the State, if received within that time, the Secretary of State must compare and estimate the vote, and make out and file in his office a statement thereof, and transmit a copy of such statement to the Governor. 1291. Upon receipt of such copy the Governor must issue commissions to the persons who from it appear to have received the highest number of votes for offices, except that of Governor or Lieutenant Governor, to be filled at such election. 1292. When an election has been held to fill the Governor office of Governor or Lieutenant Governor, the Clerk Lieutenant of each county, in addition to the abstract made for how made. transmission to the Secretary of State, must, as soon as the statement of the vote of his county is made out and entered upon the records of the Board of Supervisors, make two certified abstracts of so much thereof as relates to the vote given for such officers. How transmitted. Same. Same. 1293. The Clerk must seal up each abstract separately, and indorse thereon "Election Returns for Governor and Lieutenant Governor." 1294. He must at once direct one copy to "The Speaker of the Assembly next to meet," address it to Sacramento, California, and deposit it, post paid, in the Post Office. NOTE.-Const., Art. V, Secs. 4-16. 1295. The other copy he must direct and address in the same manner, and at once deliver it to a member elect of the Legislature or to a Senator who holds over; and the person to whom it is so delivered must deliver it to the Speaker on or before the second day next after his election. 1296. The returns of election for Governor and Lieutenant Governor must during the first week of the session be opened, canvassed, and the result declared by the Speaker of the Assembly in presence of both Houses. NOTE.-Const., Art. V, Sec. 4. form of when to garded. 1297. No declaration of the result, commission, Defects in or certificate must be withheld on account of any returns, defect or informality in the return of any election, if be disre it can with reasonable certainty be ascertained from such return what office is intended, and who is elected thereto. CHAPTER XII. ELECTION FOR ELECTORS OF PRESIDENT AND VICE PRESIDENT. SECTION 1307. Electors, when chosen. 1308. Returns, how made. 1309. How transmitted. 1310. Messenger, when Clerk may employ. 1311. Proof of necessity for and approval of appointment of messenger. 1312. Compensation of messenger. 1313. Duties of Secretary of State relative to returns. 1314. Duty of Governor. 1315. Meeting of Electors. 1316. Vacancies in, how supplied. 1317. Voting by Electors, and returns. 1318. Separate ballots for President and Vice President. 1319. Must make lists of persons voted for. 1320. Result to be transmitted to the President of the United States Senate. 1321. Compensation of Electors. 1322. How audited and paid. 36-VOL. I. Electors, when chosen. Returns, how made. How transmitted. Messenger, when Clerk may employ. Proof of necessity for and approval of appointment of messenger. 1307. At the general election in each bissextile or leap year, unless by the laws of the United States another time is fixed, and then at such time, there must be chosen by the qualified voters of the State, as many Electors of President and Vice President of the United States as the State is then entitled to. NOTE.-Const. U. S., Art. II, Sec. 1, and twelfth amendment thereof. 1308. The Clerk of each county, as soon as the statement of the vote of his county at such election is made out and entered on the records of the Board of Supervisors, must make a certified abstract of so much thereof as relates to the vote given for persons for Electors of President and Vice President of the United States. 1309. The Clerk must seal up such abstract, indorse it "Presidential Election Returns," and without delay transmit it to the Secretary of State by mail or in the manner hereinafter prescribed. 1310. If the County Clerk of any county has reason to believe that the abstract will not in the due course of mail reach the Secretary of State before the time fixed by law for canvassing the returns of such election, he may, with the approval of the County Judge, employ a person to convey and deliver such abstract to the Secretary of State. 1311. In the event provided for in the preceding section the Clerk must make an affidavit setting forth the reasons for his belief and the name of the person employed by him, which affidavit, with the approval of the County Judge indorsed thereon, must be given to the person appointed, and by him, with the abstract, must be delivered to the Secretary of State. 1312. The person appointed by the Clerk, after he delivers the abstract and statement, is entitled to sation of receive as compensation mileage at the rate of thirty Compen cents a mile from the county seat to the seat of gov- messenger. ernment. His account therefor, certified by the Secretary of State, must be audited by the Controller and paid out of the General Fund in the State Treasury. Duties of Secretary relative to returns. 1313. On the last Monday in the month of the election, or as soon as the returns have been received of State from all the counties in the State, if received before that time, the Secretary of State must compare and estimate the votes given for Electors, and certify to the Governor the names of the proper number of persons having the highest number of votes. Governor. 1314. The Governor must, upon the receipt of Duty of such certificate, transmit to each of such persons a certificate of election, and on or before the day of their meeting deliver to the Electors a list of the names of Electors, and must do all other things required of him in the premises by any Act of Congress in force at the time. Electors. 1315. The Electors chosen must assemble at the Meeting of seat of government on the first Wednesday in December next after their election, at two o'clock in the afternoon. in, how 1316. In case of the death or absence of any Vacancies Elector chosen, or in case the number of Electors from supplied. any cause be deficient, the Electors then present must elect, from the citizens of the State, so many persons as will supply such deficiency. Electors, 1317. The Electors, when convened, must vote Voting by by ballot for one person for President and one person and returns for Vice President of the United States, one of whom, at least, is not an inhabitant of this State. NOTE.-Const. U. S., Art XII of amendments. |