Separate ballots for President and Vice President. Must make lists of persons voted for. Result to be transmit ted to the President of the United States Senate. Compen sation of Electors. How audited and paid. 1318. They must name in their ballots the persons voted for as President, and in distinct ballots the persons voted for as Vice President. NOTE.-Const. U. S., Art. XII, amendments. 1319. They must make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes given for each. NOTE.-Const. U. S., Art XII, amendments. 1320. They must certify, seal up, and transmit by mail such lists to the seat of government of the United States, directed to the President of the Senate. NOTE.-Const. U. S., Art. XII, amendments. 1321. Electors receive the same pay and mileage as is allowed to members of the Assembly. 1322. Their accounts therefor, certified by the Secretary of State, must be audited by the Controller, who must draw his warrants for the same on the Treasurer, payable out of the General Fund. CHAPTER XIII. ELECTIONS FOR MEMBERS OF CONGRESS. ARTICLE I. ELECTION FOR SENATORS. II. ELECTION FOR REPRESENTATIVES. ARTICLE I. ELECTION FOR SENATORS. SECTION 1332. Elections for full terms. 1333. Elections to fill vacancies. 1332. Elections for Senators in Congress for full terms must be held at the regular session of the Legis lature next preceding the commencement of the term Elections to be filled. NOTE.-See Act of Congress entitled "An Act to regulate the time and manner of holding elections for Senators in Congress," approved July 25th, 1866; set out in full in Appendix, post, in note to Sec. 3, Art. 1, U. S. Constitution. for full terms. to fill 1333. Elections to fill a vacancy in the term of a Elections United States Senator must be held at the session of vacancies. the Legislature next succeeding the occurrence of such vacancy. NOTE.-U. S. Const., Art. I, Sec. 3, as to the election. "And if vacancies happen by resignation or otherwise during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies." Federal constitutional provisions regarding.—Art. 1, Sec. 3. 1. Senator must be thirty years of age. 2. Must be nine years a citizen of the United States. 3. Inhabitant of the State for which he shall be chosen. Sec. 4. 1. Time, place, and manner of election to be prescribed by the State Legislature. 2. Congress may change such State regulations, except as to place of choosing Senators. Sec. 5. Senate to judge of the election returns and qualification of its own membe s. ARTICLE II. ELECTIONS FOR REPRESENTATIVES. SECTION 1343. When held. 1344. Returns, how made. 1345. How transmitted. 1346. Duty of Secretary of State relative to. 1347. Certificates issued by Governor. 1343. At the general election in the year eighteen When held. hundred and seventy-three, and at the general election every two years thereafter, there must be elected, for each Congressional District, one Representative to the Congress of the United States. NOTE. This section was the law as it stood, but the note to Sec. 117, ante, and the following from Stats. 1872, p. 910, also enacted: An Act to fix the time for holding elections for members of Congress and to repeal certain Acts. [Approved April 1st, 1872.] [Enacting clause.] SECTION 1. At the election for choosing Electors for President and Vice President of the United States, to be held in the year 1872, there shall be elected for each Congressional District in the State, one Representative to the Congress of the United States. SEC. 2. An Act entitled an Act fixing the times at which Representatives in Congress shall be elected, approved April 15th, 1858; also, Sec. 5 of an Act entitled an Act to divide the State into Congressional Districts, and to fix the time to elect Representatives to Congress, approved April 1st, 1864; also, an Act entitled an Act to fix the time for electing Representatives to Congress, approved March 11th, 1868; also, an Act entitled an Act to fix the time for holding election for members of Congress of the State of California, approved April 4th, 1870; and all Acts and parts of Acts conflicting with this Act, are hereby repealed. SEC. 3. This Act shall be in force from and after its passage. Art. I, Sec. 4, of the Federal Constitution, is as follows: "1. The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators." Until recently, this power has never been exercised by Congress, but was left to State legislation. Federal legislation on the subject of Congressional elections began with the Act of 1870 (see Stats. at Large, Chap. 254, Secs. 5-7) and the Act of 1871 (Stats. at Large, Chap. 99). The first Act provided for the appointment of Supervisors and Marshals of, and for arrests for certain acts at, Congressional elections in cities of more than 20,000 inhabitants. See Sec. 2, et seq., of Chap. 99, supra. Sec. 19, id., provides that all elections for Congressmen shall be by "written or printed ballots." This supersedes any State law permitting or requiring elections to be "viva voce," and is enacted by Congress under Art. I, Sec. 4, of the Federal Constitution, given in full supra. Sec. 19 of this "Act of February 28th, 1871," reads as follows: "Sec. 19. And be it further enacted, That all votes for Representatives in Congress shall hereafter be by written or printed ballot, any law of any State to the contrary notwithstanding; and all votes received or recorded contrary to the provisions of this section shall be of none effect." By Act of Congress of May 3d, 1872, this section (19) was further amended so as not to take effect in States where the Legislatures did not meet prior to the next election of Congressmen.-See Stats. at Large for 1872, p. 61, Chap. 139. The constitutional authority was fully exercised, however, by Act of February 2d, 1872.-See Stats. at Large, p. 28, Chap. 11: "An Act for the apportionment of Representatives to Congress among the several States according to the ninth census." Sec. 1 apportions the Representatives, two hundred and eighty-three, to the various States, giving California four. Sec. 2 provides for districting the States, and the election of a Representative from each district. Sec. 3 reads as follows: "Sec. 3. That the Tuesday next after the first Monday in November, in the year eighteen hundred and seventy-six, is hereby fixed and established as the day in each of the States and Territories of the United States for the election of Representatives and Delegates to the Forty-fifth Congress; and the Tuesday next after the first Monday in November in every second year thereafter is hereby fixed and established as the day for the election, in each of said States and Territories, of Representatives and Delegates to Congress, commencing on the fourth day of March next thereafter." Sec. 4 provides for Representatives on a failure to elect after trial, and for filling vacancies. Sec. 5 provides that no State shall be hereafter admitted till the population thereof entitles it to the election of one Representative. Sec. 6 provides for representation to be decreased corresponding to the abridgement of the right to vote. This constitutional law of Congress of course supersedes the State law, and necessitates the striking out of the text lines one and two, and in their place inserting the words, "on the Tuesday next after the first Monday in November, in the year eighteen hundred and seventy-six, and," which ought to be done by the next Legislature; or a better method would be to reenact Sec. 1343, amended as here suggested. Our Constitution should be amended fixing this as the day of our general election, it being the present Presidential election day. Federal constitutional provisions in regard to election of Congressmen (see Art. I, Sec. 2), make the following requisites: 1. To be chosen every second Returns, how made. How transmitted. Duty of Secretary of State relative to. Certificates issued by Governor. year. 2. By the people of the State. 3. The electors are those having the qualifications of electors of the most numerous branch of the State Legislature. 4. Member elect must be twenty-five years of age. 5. Seven years a citizen of the United States. 6. Vacancies are filled by special elections held under proclamation of Governor. Art. I, Sec. 5. House of Representatives to judge of the election, returns, and qualifications of its own members. 1344. 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 Representatives to Congress.. 1345. The Clerk must seal up such abstract, indorse it "Congressional Election Returns," and without delay transmit it by mail to the Secretary of State. 1346. On the sixtieth day after the day of election, or as 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 votes given for such Representatives, and certify to the Governor the person having the highest number of votes in each Congressional District as duly elected. 1347. The Governor must, upon the receipt of such certificate, transmit to each of such persons a certificate of his election, sealed with the Great Seal and attested by the Secretary of State. NOTE.-It is usual, also, to address a certificate of the persons elected to the Clerk of the House of Representatives at Washington City, for obvious reasons. |