CHAPTER XII.

ELECTION FOR ELECTORS OF PRESIDENT AND VICE PRESIDENT.

1307. Electors, when chosen.

SEO. 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. Const. U. S., art. 2, sec. 1, and amend. 12.

1308. Returns, how made.

SEC. 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. How transmitted.

SEC. 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. Messenger, when clerk may employ.

SEC. 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 superior judge, employ a person to convey and deliver such abstract to the secretary of state. [Amendment, approved April 3, 1880; Amendments 1880, 20 (Ban. ed. 109); took effect immediately; also approved April 16, 1880; Amendments 1880, 82 (Ban. ed. 372); took effect from passage.] "Superior" inserted in place of "county" in old section.

1311. Proof of necessity for appointment of messenger.

SEC. 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 superior judge indorsed thereon, must be given to the person appointed, and by him, with the abstract, must be delivered to the secretary of state. [Amendment, approved April 16, 1880; Amendments 1880, 82 (Ban. ed. 372); took effect from passage.] Same amendment as in last section.

1312. Compensation of messenger.

SEC. 1312. The person appointed by the clerk, after he delivers the abstract and statement, is entitled to receive as compensation mileage at the rate of thirty cents a mile from the county seat to the seat of government. 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.

1313. Duties of secretary of state relative to returns.

SEC. 1313. On the last Monday in the month of the election, or as soon as the returns have been received 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.

1314. Duty of governor.

SEC. 1314. The governor must, upon the receipt 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 an act of congress in force at the time.

1315. Meeting of electors.

SEO. 1315. The electors chosen must assemble at the seat of government on the first Wednesday in December next after their election, at two o'clock in the afternoon.

1316. Vacancies in, how supplied.

SEC. 1316. In case of the death or absence of any elector chosen, or in case the number of electors from any cause be deficient, the electors then present must elect, from the citizens of the state, so many persons as will supply such deficiency. 1317. Voting by electors, and returns.

SEC. 1317. The electors, when convened, must vote by ballot for one person for president and one person for vice-president of the United States, one of whom, at least, is not an inhabitant of this state.

1318. Separate ballots for president and vice-president.

SEC. 1318. They must name in their ballots the persons voted for as president, and in distinct ballots the persons voted for as vice-president.

1319. Must make lists of persons voted for.

SEC. 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.

1320. Result to be transmitted to president of United States senate.

SEC. 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. 1321. Compensation of electors.

SEC. 1321. Electors receive the same pay and mileage as is allowed to members of the assembly.

1322. How audited and paid.

SEO. 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.

SEO. 1332. Elections for senators in congress for full terms must be held at the regular session of the legislature next preceding the commencement of the

term to be filled.

Const. U. S., art. 1, sec. 4.

1333. Elections to fill vacancies.

SEC. 1333.

Elections to fill a vacancy in the term of a United States senator must be held at the session of the legislature next succeeding the occurrence of

ELECTIONS FOR REPRESENTATIVES.

1343. Representatives in congress-Election, when held.

SEC. 1343. At the general election to be held in the year eighteen hundred and eighty, 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. [Amendment, approved April 16, 1880; Amendments 1880, 82 (Ban. ed. 372); took effect from passage.]

1344. Returns, how made.

SEC. 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.

Certified abstract means certified copy: Pacheco v. Beck, 52 Cal. 3. See reference to this and to the next section in the same case.

1345. How transmitted.

SEC. 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. Duty of secretary of state relative to.

SEC. 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. Certificates issued by governor.

SEC. 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.

Certificate. "It is usual also to address a the house of representatives at Washington certificate of the persons elected to the clerk of city, for obvious reasons:" Commissioners' note.

CHAPTER XIV.

PRIMARY ELECTIONS.

1357. Resolution to hold primary election under election laws.

SEC. 1357. Any committee or body authorized by the rules or customs of a voluntary political association or organization, to call elections of or for such association or organization, for any purpose, may, by resolution adopted at the time of making the call, elect to have such elections conducted in accordance with the rules prescribed in sections ten hundred and eighty-three, ten hundred and eighty-four, eleven hundred and forty-four, eleven hundred and forty-five, eleven hundred and forty-six, eleven hundred and forty-seven, eleven hundred and forty-eight, eleven hundred and sixty-two, eleven hundred and sixty-three, eleven hundred and sixty-four, eleven hundred and seventy-four, eleven hundred and seventy-five, eleven hundred and ninety-two, eleven hundred and ninety

three, eleven hundred and ninety-four, eleven hundred and ninety-five, eleven hundred and ninety-six, eleven hundred and ninety-nine, twelve hundred, twelve hundred and one, twelve hundred and two, twelve hundred and three, twelve hundred and twenty-four, twelve hundred and twenty-seven, twelve hundred and twenty-nine, twelve hundred and thirty, twelve hundred and thirty-one, twelve hundred and thirty-two, twelve hundred and thirty-three, twelve hundred and thirty-four, twelve hundred and thirty-five, twelve hundred and thirty-six, twelve hundred and thirty-seven, twelve hundred and thirtyeight, twelve hundred and thirty-nine, twelve hundred and forty, twelve hundred and forty-one, twelve hundred and forty-two, twelve hundred and fiftytwo, twelve hundred and fifty-three, twelve hundred and fifty-four, twelve hundred and fifty-five, twelve hundred and fifty-six, twelve hundred and fiftyseven, twelve hundred and fifty-eight, twelve hundred and fifty-nine, and twelve hundred and sixty. [Amendment, approved March 26, 1874; Amendments 1873–4, 74; took effect July 6, 1874.]

The original section did not refer to sections 1192, 1193, 1194, 1195, 1196, and 1199. 1358. Resolution, form of.

SEC. 1358. The resolution must declare:

1. The time and place of holding the election and the hours between which the polls are to be kept open;

2. The names of the persons to constitute the election board;

3. The object of the election;

4. That such election will be held under the provisions of the primary elec tion law;

5. The time and manner of the publication of notice of such election;

6. The qualifications required for voters in addition to those prescribed by law.

1359. Notice, form of.

SEC. 1359. The notice of the election must be signed by the secretary of the committee or body, and must contain a copy of the resolution, and must be published as directed in the resolution.

1360. Challenges.

SEC. 1360. In addition to the challenges allowed by law, any person offering to vote at such election may be challenged upon the grounds that he does not possess the other qualifications prescribed in the resolution, and such challenges must be tried and determined by the board of election, who to that end may administer an oath to such persons, and may ask them any question tending to prove or disprove the challenge.

1361. None but qualified persons to participate.

SEC. 1361. None but persons who possess the qualifications prescribed by law and by the resolution must vote or participate in any of the proceedings at

such election.

1362. Returns, how made.

SEC. 1362. After counting the votes and signing the lists the judges must cause the ballots and one copy of the lists to be delivered to the secretary signing the notice of election, and one of the judges must retain the other lists for twenty days after the election.

1363. Certificates to be issued by board of judges.

SEC. 1363. The board of election must issue certificates of election to all persons who are chosen to fill any position by the vote of one precinct alone.

1364. Canvass of returns and certificate by committee.

SEC. 1364. The committee or body from which emanated the resolution calling the election may, under such rules as it adopts, open and canvass the returns and issue certificates to persons chosen to fill positions by the voters of more than one precinct.

1365. What provisions of law applicable to these elections.

SEC. 1365. All of the provisions of Title IV., Part I., of the Penal Code, and all the provisions of the sections referred to in the first section of this chapter, are applicable to elections held under the provisions of this chapter from and after the last publication of the notice mentioned in section thirteen hundred and fifty-nine.

Title 4, part 1, of the Penal Code: See secs. 41 thereof, et seq.

TITLE III.

EDUCATION.

CHAPTER I. UNIVERSITY OF CALIFORNIA.....

II. STATE NORMAL SCHOOL.....

III. PUBLIC SCHOOLS.

CHAPTER I.

UNIVERSITY OF CALIFORNIA.

ARTICLE I. GENERAL PROVISIONS RELATING TO THE UNIVERSITY.

II. ENDOWMENT OF THE UNIVERSITY....

III. REGENTS OF THE UNIVERSITY.

IV. SECRETARY OF THE BOARD OF REGENTS.

V. ACADEMIC SENATE OF THE UNIVERSITY.

VI. UNIVERSITY CADETS..

.... ......

1385

1487

1517

1385

1415

1425

1449

1461

1473

ARTICLE I.

GENERAL PROVISIONS RELATING TO THE UNIVERSITY.

1385. Object of university.

SEO. 1385. The University of California, located in Alameda county, has for its object general instruction and education in all the departments of science, literature, art, industrial and professional pursuits, and special instruction for the professions of agriculture, the mechanic arts, mining, military science, civil engineering, law, medicine, and commerce.

See Const. Cal. 1879, declaring university a public trust: Art. 9, sec. 9.

1386. Colleges to be maintained.

SEC. 1386. There must be maintained in the university:

1. A college of letters;

2. A college or colleges of science, including agriculture, mechanics, mining, engineering, chemistry, and such other specialties as the board of regents may

determine;

3. College of medicine and law;

4. Such other colleges as the board of regents may establish. [Amendment, approved March 30, 1874; Amendments 1873-4, 31; took effect July 6, 1874.]

The original section had the second and

third subdivisions as follows:

2. Colleges of law and medicine;

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257

3. Colleges of arts, as follows: of agriculture, mines, and civil engineering.