Obrázky stránek
PDF
ePub

Relating to and fixing residence of county judge, 1857, 196. Submitting to people proposition to appropriate money for construction of wagon road,1857, 272; 1858, 50. Separating office of collector of taxes from office of sheriff, 1857, 313.

Authorizing J. R. Munson to remove remains of deceased persons, 1858, 41.

Providing for construction of branch wagon road and authoriz ing board of supervisors to levy special tax for purpose, 1858, 48.

Concerning office of public administrator, 1858, 114, 297. Extending term of office of supervisors, changing manner of election, defining duties and powers in certain cases, and establishing salaries, 1858, 115,

Incorporating town of Coloma, 1858, 207.
Fixing salary of district attorney, 1859, 59.

Fixing compensation of tax collector and his deputies, &c., 1859, 63; 1862, 180; 1868, 742.

Fixing amount of official bonds of county officers, 1859, 189. Fixing terms of county court and court of sessions, 1859, 226; 1862, 61.

Regulating fees of certain officers, witnesses and jurors, 1859, 362.

For relief of A. D. Park, late county treasurer, 1860, 25. Authorizing board of supervisors to levy toll for crossing at Brockliss Bridge, 1860, 144; 1861, 30.

Concerning offices of sheriff, clerk, recorder, treasurer, collector, and assessor, and fixing their compensation, 1860, 349; 1861, 126; 1862, 129.

Authorizing Placerville Turnpike Company to have and maintain bridge across Webber Creek, 1861, 91.

For relief of T. Wilcox, 1861, 258.

In relation to public roads and road fund, 1861, 519; 1862, 22, 161; 1863, 144.

Authorizing board of supervisors to purchase building for use of county, 1861, 534.

For relief of W. D. Shirley and others, 1862, 44.

Granting right to construct and maintain bridge across South
Fork of American River at Coloma, 1862, 131.
Granting to E. P. Bowman and associates right to construct and
maintain toll-bridge across Cosumnes River, 1862, 131.

2423.

Authorizing board of supervisors to lease Sacramento and El
Dorado wagon road for term of years, 1862, 162.
Granting right to keep and maintain bridge across North Fork
of American River near Carrolton, 1862, 278.
Granting right to construct and maintain bridge across South
Fork of American River at Salmon Falls, 1862, 293,
Creating offices of township collectors and assessors, 1862, 429;
1863, 44; 1863-4, 466.

Granting to L. Lamb and associates right to construct and maintain toll-bridge across Cosumnes River, 1863, 40.

For relief of D. W. Standeford, deputy tax-collector of foreign miners' licenses, 1863, 92.

Authorizing board of supervisors to subscribe $200,000 to stock of Placerville and Sacramento Valley Railroad Company, &c., 1863, 122; 1863-4, 383.

Granting right to construct and maintain bridge across Ameri-
can River near Rattlesnake Bar, 1863, 142.
Regulating fees of county clerk, 1863, 188.
Defining boundary-line between this and Amador County, 1863,

281.

Providing for construction of wagon road from Georgetown, via north side of Lake Bigler, to eastern boundary of State, 1863, 324.

Granting right of way over certain lands for construction of wagon road (W. B. Carr's), 1863, 330.

Concerning United Order of Ancient Druids, 1863, 402.
Regulating fees of constables, 1863, 488.
Authorizing board of supervisors to lease branch wagon road for
term of years, 1863, 557.

Consolidating certain school districts in El Dorado and Sacramento Counties, 1863, 568.

36.

Fixing terms of county court and probate court, 1863-4, 7. Extending time for assessing real and personal property for fiscal year ending 1st March, 1864, 1863-4, 26. Fixing amount of official bond of public administrator, 1863-4 Authorizing board of supervisors to sell certain property (“county lot" in Placerville), 1863-4, 83. Creating Alpine County, 1863-4, 178. Authorizing board of supervisors to subscribe $100,000 in addition to amount heretofore subscribed to stock of Placerville and Sacramento Valley Railroad Company, &c., 1863–4, 878.

CITY OF PLACERVILLE.

Incorporating town of Placerville, 1854, 199; 1857, 244; 1859, 86.
Providing for funding debt and for payment, 1858, 43.
Incorporating City of Placerville, 1859, 77; 1860, 188; 1861,
291; 1862, 270; 1863, 220.

Defining the number of justices of the peace and constables for
the City and Township of Placerville, 1860, 106.
Enabling mayor and common council to pay a certain claim of
W. J. Lewis, 1862, 78.

Authorizing common council to subscribe $100,000 to stock of Placerville and Sacramento Valley Railroad Company, &c., 1863, 86.

Authorizing common council to issue certain bonds for relief of fire department, 1863, 166.

To reincorporate City of Placerville and extend limits thereof, 1863, 211; 1863-4, 493.

Concerning common schools in City, 1863-4, 303.

[merged small][merged small][ocr errors][ocr errors]

Elections.

[The subject of elections, being somewhat extensive, and comprising a number of acts relating to particular portions of the election laws, it is deemed proper to arrange it under the following subdivisions.

[blocks in formation]

Attention may be here directed to the special and local legislation, which, where it exists, more or less affects the general laws. References to all such legislation will be found under the heads of the respective counties.]

I.

ELECTION LAW IN GENERAL.

[An Act to provide for holding the first county election was passed March 2, 1850, 81; and a supplemental act passed March 9, 1850, 85. Further provision concerning the subject was made in An Act to provide for the complete organization of all the counties in this State, passed April 18, 1850, 259. As they have long since served the purposes for which they were intended, it is deemed unnecessary to do more than merely refer to them.] An Act to regulate elections.

Passed March 28, 1850, 101.
332

ARTICLE I.

OF GENERAL, COUNTY, AND SPECIAL ELECTIONS.

2424. SECTION 1. There shall be held, throughout the State, on the first Wednes- General election. day in September, in the year one thousand eight hundred and sixty-three, and on the first Wednesday in September every second year thereafter, an election for members of the assembly, and such other officers as may be chosen thereat, to be called the general election; also, in each bissextile or leap year, there shall be held a general election on the Tuesday next after the first Monday of November, for choosing electors of President and Vice-President of the United States, and the election of such Presidential electors, etc. other officers as may be required by law.(") [Amendment, approved April 20, 1863,

353.

[SEC. 2 was repealed by act passed April 26, 1851, 180.(")]

2425. SEC. 3. Special elections are such as are held to supply vacaneies in any Special elections. office, whether the same be filled by the vote of the qualified electors of the State, or any district, county, or township, and may be held at such time as may be designated by the proper officer.

14 Cal. 180.

2426. SEC. 4. All vacancies existing, or which are about to occur, or which may Vacancies. occur in office by the expiration of the full term thereof, or otherwise, except vacancies in offices required to be filled at the special judicial elections, shall be supplied at the general election.() [Amendment, approved April 20, 1863, 353. 2427. SEC. 5. It shall be the duty of the governor, at least thirty days before any Governor to general election or special judicial election, to issue his proclamation, designating the offices to be filled at said elections, and to transmit a copy thereof to the board supervisors of each county of the State.() [Amendment, approved April 20, 1863, 353.

issue proclamation.

of Cal. 26.

11 Cal. 49.

2428. SEC. 6. It shall be the duty of the board of supervisors to give at least ten Supervisors to give notice. days' notice thereof, by posting, or causing to be posted up at each place of holding elections in their county a copy of such proclamation, and also a copy of that portion of the election laws of this State which relates to the qualifications of electors, and the proceedings to be observed in conducting the election and making the returns, and to insert the same in some newspaper published in the county, if any be published therein.() [Amendment, approved April 20, 1863, 353.

[SEC. 7 was repealed by act passed April 26, 1851, 180.(^)]

2429. SEC. 8. Whenever a special election is necessary to fill a vacancy in any office Special elections. which is to be filled by the vote of the qualified electors of the State or of the district.

the governor shall issue his proclamation ordering such election, in like manner as is Proclamation. provided in regard to general elections, and designating also the time at which it is to

be held; and the board of supervisors of each county in which such election is to be

held, shall give notice thereof, as required in the sixth section of this act.() [Amend- Notice. ment, approved April 27, 1855, 160.

elections.

2430. SEC. 9. Whenever a special election is necessary to fill a vacancy in any county Order for special or township office, the board of supervisors shall issue an order for such election, designating the office to be filled and the time of holding the election, and shall publish Publication the same in the manner required by the sixth section of this act. (4) [Amendment, approved April 27, 1855, 160.

() The original section provided for an election on the first Monday of October of each year, to be called the general elec

tion.

It was first amended by act passed April 26, 1851, 180, which changed the time to the first Wednesday in September of each year.

This was repealed by "An Act to alter the times of holding the general electlon," approved April 24, 1852, 144, which provided for a yearly election on the first Wednesday of September, except in bissextile or leap year, when it was to be held on the day of the presidential election.

The amendment of 1863, given in the text, purports to be an amendment of the act of 1850 and does not expressly name the

act of 1852.

[blocks in formation]

12 Cal. 409.

expiration of the full term thereof, shall be supplied at the gen-
eral election.
(4) The original section provided that the governor should
transmit a copy of his proclamation to the county judge of each
county.

It was amended by act approved April 27, 1855, 160, the words "board of supervisors being substituted instead of "county judge." The amendment of 1863 is similar to that of 1855, with the exception that the latter did not mention the judicial election, which was provided for by the amendments of 1862 to the constitution.

() The original section required the county judge to give ten days' notice by posting a copy of the proclamation at the polls, and by publishing the same in a newspaper, &c.

This was amended April 27, 1855, 160, by requiring the saino of the board of supervisors.

() The repealed section provided for notice by the county judge of county election.

(The original section instead of "board of supervisors" used the words "county judge."

(4) The amendment differs from the original section only in the use of the words "board of supervisors" instead of "county judge."

Who entitled to

ARTICLE II.

OF THE QUALIFICATIONS AND DISABILITIES OF ELECTORS.

2431. SEC. 10. Every white male citizen of the United States, and every white male vote at elections, citizen of Mexico who shall have elected to become a citizen of the United States under the treaty of peace exchanged and ratified at Queretaro, on the 30th day of May, 1848, of the age of twenty-one years, who shall have been a resident of the State six months next preceding the election, and the county or district in which he claims his vote, thirty days, shall be entitled to vote at all elections which are now, or hereafter may be authorized by law.

[blocks in formation]

2432. SEC. 11. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence on the service of the United States, nor while engaged in the navigatien of the waters of this State or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms-house or other asylum, nor while confined in any public prison.

2433. SEO. 12. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privileges of an elector.

2434. SEO. 13. Absence from this State on business of the State or of the United States, shall not affect the question of residence of any person.

2435. SEC. 14. A crime shall be deemed infamous which is punishable by death or by imprisonment in the State prison.

ARTICLE III.

Precincts

OF THE PLACE OF HOLDING ELECTIONS, AND ALSO OF INSPECTORS, JUDGES, AND CLERKS
OF ELECTIONS.

2436. SEC. 15. There shall be a precinct for holding elections in each township designated by the board of supervisors, if the convenienee of the people require it, may create additional precincts in any township where there are thirty or more resident voters; provided there shall not be more than one precinct in each ward of a city; Further proviso. and provided further, that, except within a city, no two election precincts shall be nearer than one mile.(") [Amendment, approved April 27, 1855, 160.

Proviso.

Judges and inspectors.

Judges not appointed.

Duties of inspectors.

Clerks how appointed.

Board of judges, etc., to take oath.

Chairman of board of judges.

2437. SEC. 16. When an election is ordered the board of supervisors shall appoint for each precinct, from the qualified electors of the township in which such precinct lies, one inspector and two judges, who shall constitute a board of judges of election. In case said board be not appointed for any precinct by the board of supervisors, as specified in this section, the electors present on the morning of the day of election, at the place where the polls were opened on the day of the last previous "general election," may appoint a board of judges for such precinct.() [Amendment, approved April 27, 1855, 160.

2438. SEO. 17. It shall be the duty of each inspector to be at the place where the polls are to be opened in the precinct for which he is appointed, from eight o'clock in the morning until sunset on the day of the election. Should such inspector not appear at eight o'clock in the morning, the electors present at the place where the polls are to be opened may appoint an inspector for the precinct. [Amendment, passed April 26, 1851, 180.

2439. SEC. 18. The board of inspectors for each precinct shall, before the time of opening the polls, appoint two suitable persons to act as clerks. [Amendment, passed April 26, 1851, 180.

2440. SEC. 19. Before any election shall be opened, the inspector, judges, and clerks shall each, before any officer authorized to administer oaths, take an oath that he will faithfully and impartially discharge the duties assigned him by law. If there is no person present authorized to administer oaths, the inspector shall administer the same to the judges and clerks, and one of the judges shall then administer the oath to the inspector.

2441. SEC. 20. The inspector shall be chairman of the board, and after its organization, shall have power to administer all necessary oaths which may be required in the

(4) The original section was previously amended by act passed April 26, 1851, 181, by reference to which it will be seen that the words "and the board of supervisors" ought to be in

serted in the text between the words "supervisors" and "if"
() The original section was previously amended April 26,
1851, 181.

progress of the election. He shall also have power to fill any vacancy that may occur in the board of judges, or by absence or refusal to serve of either of the clerks, after the polls shall have been opened.

[SEC. 21 was repealed by act passed April 26, 1851, 180.]

ARTICLE IV.

OF OPENING THE POLLS; OF VOTING, AND CHALLENGES.

2442. SEO. 22. At all elections the polls shall be opened at eight o'clock in the Polls, when to be morning, and shall continue open until sunset, at which time the judges shall close opened and closed. the polls; provided, that the judges of the election may take a recess of one hour at any time they may think proper during the day, before three o'clock in the afternoon.(") [Amendment, passed April 26, 1851, 180.

2443. SEC. 23. The board of judges, before they commence receiving ballots, shall Opening of polls to be proclaimed. cause it to be proclaimed aloud at the place of voting that the polls are opened. 2444. SEC. 24. The voting shall be by ballot. The ballot shall be a paper ticket Voting to be by containing the names of the persons for whom the elector intends to vote, and designating the office to which each person so named is intended by him to be chosen.

ballot.

2445. SEC. 25. Whenever any person offers to vote, the inspector shall pronounce Vote, how taken. his name in an audible voice, and if there be no objection to the qualification of such person as an elector, shall receive his ballot, and in the presence of the other judges put the same, without being opened or examined, into the ballot-box.

2446. SEC. 26. The name of each elector whose ballot has been thus received, shall Poll-lists. be immediately entered by each clerk, in the column of his poll-list, headed " names of voters," numbering each name in the additional column, as it is taken down, so that it may be seen at any time whether the two lists agree.

2447. SEC. 27. Any person offering to vote may be challenged as unqualified by the Challenges. inspector, or either of the judges, or by any legal voter, and it shall in all cases, be the duty of the inspector and each of the judges to challenge any person offering to vote whom he shall know or suspect not to be duly qualified as an elector.

2448. SEC. 28. If any person offering to vote at any election shall be challenged in Proceedings on challenge. relation to his right to vote at that election, the board of judges shall declare to him See 2531. the qualifications of an elector, and the inspector or one of the judges shall tender to him the following preliminary oath:

"You do swear, or affirm, that you will fully and truly answer all such questions as shall be put to you touching your place of residence and qualifications as an elector?" The inspector or one of the judges shall then proceed to question the person challenged in relation to his name, his then place of residence, how long he has resided in the township and county, where his last place of residence was, also as to his citizenship, and whether a native or naturalized citizen, and if the latter, when, where, and in what court, or before what officer he was naturalized, and all such other questions as shall tend to test his qualifications as to citizenship and right to vote. [Amendment, approved April 4, 1864; 1863-4, 467.

2449. SEC. 29. If such person shall insist that he is entitled to vote, and the chal- Oath of lenge shall not be withdrawn, he shall not be entitled to vote unless he take the fol- challenged party. lowing oath, to be administered by the inspector or one of the judges, viz.:

"You do swear (or affirm, as the case may be) that you are a citizen of the United 5. Cal.235. States, that you are of the age of twenty-one years, according to the best of your knowledge and belief, that you have resided in this State six months next preceding this election, and that you have not voted this day."

Upon taking which oath, he shall be entitled to vote for all State officers, and if he offer to vote for any district, county, or township officer, he shall, in addition thereto, make oath that he has resided in such district, county, or township (as the case may be), thirty days. [Amendment, approved April 27, 1863, 745.

2450. SEC. 30. If the person thus challenged shall take the oath as tendered to him Person chalby the board of judges, he shall be admitted to vote, and it shall not be lawful, after after taking oath. lenged may vote he has taken such oath or affirmation, for said board to examine any witnesses touching his want of qualifications; but if he shall refuse to take the oath or affirmation so tendered to him, his vote shall be rejected.

2451. SEC. 31. If the vote of any person be challenged on the ground that he has

() It is not deemed important to note the substance of most of the original sections in this and the following articles of this act, as the provisions are mostly of a directory character, and

few questions of construction are likely to arise upon which the original sections can throw any light.

Conviction of been convicted of an infamous crime, or disfranchised by any court of competent infamous crime; how proved. jurisdiction, he shall not be required to answer any questions respecting such alleged conviction; and in the absence of any anthenticated record of such facts, it may be competent for two disinterested witnesses upon oath to prove the same.

Closing of polls

2452. SEC. 32. When the polls are closed, proclamation thereof shall be made at to be proclaimed. the place of voting, and no votes shall be afterwards received.

ARTICLE V.

Opening ballot

Voles.

OF COUNTING AND RECEIVING THE VOTES, DECLARING THE RESULT OF ELECTIONS, AND
OF CERTIFICATES OF ELECTION.

2453. SEC. 33. As soon as the polls are closed on the afternoon of the day of elecbox and counting tion, the judges shall open the ballot-box and commence counting the votes, and in no case shall the ballot-box be removed from the room in which any election may be held, until all the ballots are counted; the counting of ballots shall in all cases be public. The ballots shall be taken out carefully, one by one, by the inspector or one of the judges, who shall open them, and read aloud the name of each perso. contained therein, and the office for which every such person is voted for. Each clerk shall write down each office to be filled and the name of each person voted for for such office, and shall keep the number of votes by tallies, as they are read aloud by the inspector or judge. The counting of the votes shall be continued without adjournment until all are counted.

Certain tickets to be rejected.

Certificate of votes, etc.

To be signed.

Duty of inspector.

Ballots.

Supervisors to

recount.

Election returns to county clerk.

Want of form not to vitiate.

Canvass of returns.

2454. SEC. 34. If two tickets are found folded together, they shall both be rejected; and if more persons are designated on any ticket for any office than are to be elected for such office, such part of the ticket shall not be counted for any of them; but no ticket shall be lost for want of form, if the board of judges can determine to their satisfaction the person voted for and the office intended.

or.

2455. SEC. 35. As soon as all the votes are read off and counted, a certificate shall be drawn up on each of the papers containing the poll-list and tallies, or attached thereto, stating the number of votes each person voted for has received, and designating the office to fill which he was voted for, which number shall be written in words at full length. Each certificate shall be signed by the clerks, the judges, and inspectOne of said certificates, with the poll-list, and tally-paper to which it is attached, shall be retained by the inspector, and preserved by him at least six months. The ballots shall be strung upon a cord or thread by the inspector during the counting of the ballots, in the order in which they are entered upon the tally-list by the clerks, and said ballots, together with the other of said certificates, with the poll-list and tally-paper to which it is attached, shall be sealed up by the inspector in presence of the judges and clerks, and indorsed "Election Returns," and be directed and delivered or sent by the inspector to the county clerk of the county in which the election is held, and the said ballots shall be kept for at least six months by said clerk; and if any person be of the opinion that the vote of any precinct shall not have been correctly counted, he may appear on the day appointed for the board of supervisors to open the returns, and demand a recount of the vote of said precinct, and the board of supervisors shall proceed to recount the vote of the precinct that is so claimed to have been incorrectly counted. [Amendment, approved April 20, 1863, 353.

2456. SEC. 36. The said package shall be delivered to the county clerk by one of the judges or clerks of election in person, or may be sent by private hand or by mail. If sent by private hand, the person delivering it shall, before the county clerk, take and subscribe an affidavit that the package was delivered to him by one of the judges (naming him), that it has not been out of his possession since it was received, and bas undergone no alteration while in his possession. The affidavit shall be indorsed on the package. If sent by mail, it shall be mailed by one of the judges, and the postmaster shall make on it an indorsement that he received it from one of the judges (naming him).

2457. SEC. 37. No tally-paper, roll-list, or certificate, returned from any election shall be set aside or rejected for want of form, nor on account of its not being strictly in accordance with the directions of this act, if the same can be satisfactorily understood.

2458. SEC. 38. The board of supervisors of each county shall meet at their usual place of meeting, on the first Monday after each election, to canvass the election returns, and if the returns from each precinct of the county, or township, where

« PředchozíPokračovat »