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CHAPTER III.

Registration of Electors.

Great Register, re-registration.

What enrollment must show.

Duty of Clerk or Assessor relative to certain proofs.
Assessor must make monthly returns of his enrollment.

Duty of Clerk upon receipt of the return.

Affidavits must be filed in Clerk's office.

Persons not to be registered in different counties.

Cancellation of entry.

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Names of electors to be entered.

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1096.

Substance of entry.

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1097.

Rules governing entry.

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1098.

Assessor's roll of electors.

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1099.

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1100.

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1101.

§ 1102.

§ 1103.

§1104.

§ 1105.

§ 1106.

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1107.

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1108.

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1109.

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1110.

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1111.

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1112.

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1113.

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1114.

§ 1115.

Great Register must be printed.

§ 1116.

Printed copies, how distributed.

§ 1117.

Certified copy primary evidence.

When entry must be canceled.

Clerk must give certificate of registration.

Persons refused registration may proceed by action.

Action to have registration canceled.

Parties to such actions.

Same.

Costs not to be recovered against the Clerk, except.
Clerk to make copy of Great Register.

Names arranged alphabetically and numbered.

1094. There must be kept, in the office of the County Clerk of each county, a Great Register; whenever deemed necessary the Board of Supervisors of any county may, by order, require a re-registration of the voters of said county, which said order shall be published in at least one newspaper published in said county for not less than six months preceding the next ensuing general election. Such re-registration shall conform in all respects to the provisions of this Code concerning original registration, except that any person applying for re-registration shall be entitled thereto upon showing that his name was enrolled and uncanceled on the former Great Register. [Approved March 30, 1878. See note to 1228.] Re-registration-provision for, introduced by amdt. 1878.

San Francisco-still left under control of local law; see the amdt. in Stats. 1878, p. 27.

Exception-in last clause, dispenses with affidavit required of naturalized citizen by $ 1097, subd. 3: Cohn v. Harvey, Sept. 30, 1880, 6 P. C. LL. J. 431.

Registration in San Francisco-governed by Act creating Registrar of Voters and Board of Election Commissioners, Stats. 1878, p. 299. Great Register in various counties-Acts concerning El Dorado (transcribing), Stats. 1878, p. 637; Fresno and other counties (new), Stats. 1878, p. 693; Sacramento (new), Stats. 1874, p. 795; Yolo (new), Stats 1878, p. 554.

1095. In the Great Register the Clerk must, as hereinafter provided, enter the names of the qualified electors of the county whose names are not already thereon.

Qualified electors, who are, § 1083 and notes.

1096. Such entry must show, -1. The name at length; 2. The age, omitting fractions of years; 3. The country of the nativity; 4. The place of residence (giving the ward or precinct); 5. If naturalized, the time and place of naturalization; and 6. The date of the entry of each person; each name must be numbered in the order of its entry.

In San Francisco, additional matters to be entered in Register, see §17 of Act as to registration, etc. in Stats. 1878, p. 299.

1097. No person's name must be entered by the Clerk unless: 1. Upon a certificate of registration in another county, showing that such registration has been canceled, and upon proof by the affidavit of the party that he is an elector of the county in which he seeks to be registered.

2. Upon the returns of the Assessor of the county. 3. If a naturalized citizen, upon the production of his certificate of naturalization, which certificate must be issued ninety days prior to the succeeding election, or upon his own affidavit that it is lost or out of his possession, which affidavit must state the place of his nativity and the time and place of his naturalization, together with his affidavit that he has resided in the United States for five years, and in this State for one year next preceding the time of application, and that he would be an elector of the county at the next succeeding election; provided, however, if such naturalized citizen shall have been previously registered as a qualified elector in any of the counties or city and counties of this State, his name must not be entered by the Clerk unless he produces a certificate of such registration, issued by the party authorized by law to issue such certificate, which certificate shall be prima facie evidence of his naturalization.

4. If born in a foreign country, upon his affidavit that he became a citizen of the United States by virtue of the naturalization of his father while he was residing in the United States and under the age of twenty-one years, and that he is or would be an elector of the county at the next succeeding election.

5. Upon the production and filing of a certified copy of the judgment of a Superior Court directing such entry to be made. 6. In other cases, upon the affidavit of the party that he is or would be an elector of the county at the next succeeding election.

7. In every case the affidavit of the party must show all the facts required to be stated in the entry on the Register, except the date and number of the entry. [Approved March 13, 1883.] Affidavit of loss, etc. 56 Cal. 70.

SUBDIVISION 1. Registration in another county-must be canceled, § 1104.

Elector of the county-qualifications of electors, § 1083 and notes. Affidavit, subd. 7 of this section.

SUBDIVISION 2. Returns of Assessor-see §§ 1098-1103.

SUBDIVISION 3. Certificate of naturalization-naturalization laws, papers, etc., see under Citizens of the United States, note to $51, subd. 2. Affidavit of loss, etc-not required for re-registration where name enrolled and uncanceled on former Great Register, Cohn v. Harvey, Sept. 30, 1880, 6 P. C. L. J., 431. Affidavit, see subd. 7 of this section.

1098. The Assessor of each county must keep a roll of electors, on which, and upon like proof as is required for entry upon the Great Register, he must enroll the name of any elector of the county making application to him for that purpose.

Proof required for entry-upon the Great Register, see $ 1097.

1099. Such enrollment must show the same facts as are required to be shown by the entry upon the Great Register. Entry upon Great Register-facts to be shown by, see § 1096.

1100. The Clerk or Assessor must, upon every certificate of naturalization presented to him as evidence of citizenship, indorse and subscribe a statement of the time of presentation and of his action thereon.

Certificate of naturalization-see note to $ 1097, subd. 3.

1101. At the end of every month the Assessor must return to the County Clerk a certified copy of all entries made upon his roll of electors during such month, and all affidavits made for the purpose of procuring such enrollment.

1102. Upon the receipt of such return, the Clerk must at once enter upon the Great Register the names contained and the statements made in such return.

1103. The Clerk must file and preserve all affidavits returned to him by the Assessor, or used before him for the purpose of obtaining registration.

1104. No person must cause himself to be registered or enrolled in one county when his registration in another remains uncanceled.

Punishment for fraudulent registration-Penal Code, § 42.

1105. There must be left opposite each name in the Great Register a blank for cancellation. Cancellation is made by writing in such blank the word "Canceled," and a statement of the reasons therefor.

When entry canceled-§ 1106.

1106. The Clerk must cancel the entry in the following

cases:

1. At the request of the party registered.

2. When he knows of the death or removal of the person registered.

3. When the insanity of the person registered is legally established.

4. Upon the production of a certified copy of a judgment of the conviction of any elector of any infamous crime, or of the embezzlement or misappropriation of any public money, in full force against the person registered, or upon information of such conviction obtained as hereinafter provided.

5. Upon the production of a certified copy of a judgment directing the cancellation to be made.

6. Upon a certificate of the Board of Election of any precinct, sent up with the election returns, stating the death or removal, within their own knowledge, of the person registered.

7. When it appears by the returns made by the Board and Clerks of Election that the respective party did not vote during the next preceding two years at any general or special election.

8. The Clerk shall cancel upon the Great Register every name found thereon which is found upon the register of deaths, provided for in section three thousand and seventynine of this Code.

9. Every Judge before whom proceedings were had which result in any male person being declared incapable of taking care of himself and managing his property, and for whom a guardian of his person and estate is accordingly appointed, or which resultin such person being committed to a State Insane Asylum as an insane person, shall file with the County Clerk a certificate of that fact, and thereupon the Clerk shall cancel the name of such person upon the Great Register, if found thereon.

10. The County Clerk shall also, in the first week of September, in each year, examine the records of the Courts having jurisdiction in cases of infamous crimes, and the embezzlement or misappropriation of public money within his county, and cancel upon the Great Register the names of all persons appearing thereon who shall have been convicted of an infamous crime, or of the embezzlement or misappropriation of public money in such Court, and which conviction shall have been carried into effect. [In effect April 16, 1880.] Amendment 1874-added last four subdivisions, and amdt. 1880 introduced clauses as to embezzlement. Other changes by both amdts. SUBDIVISION 9. Guardian and ward-Civil Code, §§ 236-258; Code Civ. Proc., §§ 1747-1809.

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Committed to Insane Asylum--Civil Code, § 258. Guardians of insane and incompetent persons, Code Civ. Proc., 1763-1766.

1107. Upon the application of the party, in person or in writing, the Clerk must give him or his agent a certified copy of the entries upon the Great Register relating to such party.

1108. If the Clerk refuses to enter the name of any qualified elector of the county upon the Great Register, such elector may proceed by action in the Superior Court to compel such entry. [In effect April 3, 1880; re-enacted April 16, 1880.] Rules governing entry-§ 1097.

1109. Any person may proceed by action in the Superior Court to compel the Clerk to cancel any entry made on the Great Register illegally, or that ought to be canceled by reason of facts that have occurred subsequent to the time of such entry; but if the person whose name is sought to be canceled be not a party to the action, the Court may order him to be made a party defendant. [In effect April 3, 1880; re-enacted April 16, 1880.]

Changes in section--Last clause added by amdt. 1874. Superior substituted for District Court by amdt. 1880.

When entry must be canceled-§ 1106.

Parties to civil actions-Code Civ. Proc., §§ 367-389.

1110. In an action under the authority of Section 1108, as many persons may join as plaintiffs as have causes of action.

Joinder of plaintiffs-generally, Code Civ. Proc., § 378.

Uniting causes of action-generally, Code Civ. Proc., § 427.

1111. In an action under the authority of Section 1109, the Clerk and as many persons as there are causes of action against may be joined as defendants.

Joining all parties interested-as defendants, in general, Code Civ. Proc., $$ 379, 382.

1112. Costs cannot be recovered against the Clerk in any action under the authority of this chapter, unless it is alleged in the complaint, and established on the trial, that the Clerk knowingly and wilfully violated a plain duty.

Costs-generally, Code Civ. Proc., § 1021-1039.

1113. On the first Monday of October, in each year in which there shall be a general or Presidential election, and on the thirtieth day prior to each general election held every two years thereafter, each County Clerk must make a copy of the uncanceled entries existing on the Great Register of their

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