CHAPTER XI. Canvass of Returns-Declaration of Result— Commissions and Certificates of Election. $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 dictrict 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-Governor, how made. 1296. Canvass of returns of election for Governor and Lieutenant- € 1297. Defects in form of returns, when to be disregarded. 1278. The Board of Supervisors of each county, except Humboldt, San Diego, and Trinity, must meet at their usual place of meeting, on the first Monday after each election, to canvass the returns. Section cited-52 Cal. 9. 1279. The Board of Supervisors of the counties excepted must each meet at its usual place of meeting, on the second Monday after each election, to canvass the returns. 1280. If at the time of meeting, the returns from 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. Section cited-52 Cal. 9. 1281. The canvass must be made in public, and 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. Section cited-52 Cal. 4, 9. Returns are prima facie evidence of facts they import, 12 Cal. 352; ballots as evidence, § 1259n; not be rejected for irregularity in appointment of election officers which does not affect result, 34 Cal. 640. Result declared-not conclusive, 30 Cal. 337. 1282. The Clerk of the Board must, as soon as the result is declared, enter on the records of such Board a statement of such result, which statement must show: 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. Section cited-52 Cal. 9. Statement entered of record-must be authenticated to form basis of abstract required by § 1288, 52 Cal. 6. Record-required to secure permanency, 52 Cal. 5. 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. Irregularities--unless material and affecting result, do not invalidate election, 12 Cal. 352; 31 Cal. 173; 34 Cal. 640; as failure of an officer to pertorm a merely ministerial act, 2 Cal. 137; or defect or informality in return, § 1297: or the mere receiving and counting votes improperly given, 12 Cal. 352; or fact that ballot-box temporarily out of possession of election officers, 12 Cal. 352; or reading of ballots by outsider, 31 Cal. 173; or irregularity in appointment of election officers, 31 Cal. 173; 34 640. Highest number of votes-if one receiving ineligible, next highest not elected, 52 Cal. 41. 1284. The County Clerk must immediately make out and deliver to such person (except to the person elected Superior Judge) a certificate of election signed by him, and authenticated with the seal of the Superior Court. [In effect April 16, 1880.] Certificate of election-is prima facie, 20 Cal. 50, but neither conclusive nor sole evidence of election, 10 Cal. 376; if lost or destroyed, contents may be proved by secondary evidence, 5 Cal. 389. Separate, not required for ex officio office, 34 Cal. 470. 1285. When there are officers, other than Representatives in Congress, members of the State Board of Equalization, and Railroad Commissioners 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 composing such district. immediately after making out the statement specified in section twelve hundred and eighty-two, must make a certified abstract of so much thereof as relates to the election of such officers. In effect April 16, 1880.] Amendment 1880-excepted members Board Equalization and Railroad Commissioners; see corresponding insertion in § 1288. 1286. The Clerk must seal up such abstract, indorse 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. 1287. The Clerk to whom the election returns of a district are made, must, on the twentieth day after 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). 1288. When there has been a general or special election for officers chosen by the electors of the State at large, or for judicial officers (except Justices of the Peace), or for members of the State Board of Equalization, or for Railroad Commissioners, 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 said offices to be filled at such election. [In effect April 16, 1880.] Election for members State Board of Equalization and Railroad Commissioners-included by amdt. 1880, pursuant to Const, Cal. 1879, art. 13, § 9, and art. 12, § 22. Abstract-means certified copy of statement entered of record (see €1282) and authenticated by signatures of Chairman and Clerk of Board of Supervisors (see $ 4029), 52 Cal. 6. 1289. The Clerk must seal up such abstract, indorse it "Election Returns," and without delay transmit it by mail to the Secretary of State. Abstract-transmitted to Secretary of State, nature of, § 1288n. 1290. On the fortieth 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. [In effect April 16, 1880.] Amendment 1880-changed sixtieth day to fortieth. 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 Gov. ernor or Lieutenant-Governor, to be filled at such election. Except that of Governor and Lieutenant-Governor-see § 1292 et seq. 1292. When an election has been held to fill the office of Governor or Lieutenant-Governor, the Clerk of each county, in addition to the abstract made for 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. Election for Governor and Lieutenant-Governor-Const. Cal., art. 5, §§ 2, 15. 1293. The Clerk must seal up each abstract separately, and indorse thereon "Election Returns for Governor and Lieutenant-Governor." Returns to be sealed-Const. Cal., art. 5, § 4. 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. Returns to be directed-to Speaker of Assembly, Const. Cal., art. 5, § 4. 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. Returns to be opened-and published in presence of both Houses of Legislature, Const. Cal., art. 5, § 4. 1297. No declaration of the result, commission, or certificate must be withheld on account of any defect or informality in the return of any election, if it can with reasonable certainty be ascertained from such return what office is intended and who is elected thereto. Immaterial irregularities-not affecting result, do not invalidate election, § 1283n. |