CHAPTER XII.

Election for Electors of President and Vice President.

$ 1307. Electors, when chosen.

$ 1308. Returnes, how made.

1309. How transmitted.

$1310. Messenger, when Clerk may employ.

$ 1311. Proof of necessity for and approval of appointment of mes

senger,

$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.

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.

Choosing Presidential Electors-Const. U. S., art. 2, § 1.

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 ap

proval of the Superior Judge, employ a person to convey and deliver such abstract to the Secretary of State. [In effect April 16, 1880.]

Superior Judge-substituted for County Judgo by amdt. 1880.

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. [In effect April 16, 1880.]

Change by amendment 1880-see § 1310n.

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. 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. 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 any Act of Congress in force at the time.

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. 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. The Electors, when convened, must vote by ballot for one person for President and one person for Vice Presi

dent of the United States, one of whom, at least, is not an inhabitant of this State.

Casting electoral vote-art. 12 of amdts. to Const. U. S.

1318. They must name in their ballots the persons voted for as President, and in distinct ballots the persons voted for as Vice President.

See-S 1317n.

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.

See-§ 1317n.

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.

See-§ 1317n.

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

Pay and mileage allowed-to members of Assembly, see § 266.

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.

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 Legislature next preceding the commencement of the term to be filled.

Elections for Senators and Representatives-by whom prescribed, Const. U. S., art. 1, § 4.

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 such vacancy.

Vacancy-during recess of Legislature temporarily filled by Executive of State, Const. Cal., art. 1, § 3.

ARTICLE II.

ELECTIONS FOR REPRESENTATIVES.

$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 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. [In effect April 16, 1880.]

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.

Section cited-52 Cal. 9.

Abstract--meaning of, see § 1288n.

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.

Section cited-52 Cal. 10.

Abstract--§ 1344n.

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.

Section Cited-52 Cal. 7, 10.

Abstract-§ 1344n.

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.