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Desecra

CHAPTER XLIII.

An act to prohibit the desecration of the flag of the United States, and to provide a punishment therefor.

[Approved March 2, 1899.]

The people of the state of California, represented in senate and assembly, do enact as follows:

SECTION 1. Any person who shall desecrate the flag of the tion of the United States, by printing thereon or attaching thereto any advertisement of any nature whatsoever, shall be deemed guilty of a misdemeanor.

flag prohibited.

CHAPTER XLIV.

An act to add a new section to the Political Code, to be known and designated as section thirty-four hundred and sixty-six and one half, relating to the payment of invalid assessments in reclamation districts, and the crediting of the amount paid (to the tract of land upon which the same was assessed) upon subsequent assessments.

[Approved March 2, 1899.]

The people of the state of California, represented in senate and assembly, do enact as follows:

SECTION 1. A new section is hereby added to the Political Code, to be known and designated as section three thousand four hundred and sixty-six and one half, to read as follows: Invalid as- 3466. In all cases in which an assessment shall have sessments been levied since October first, eighteen hundred and ninety-six, tion dis- or shall hereafter be levied, for reclamation purposes, upon

in reclama

tricts.

the lands embraced within any reclamation district, and the assessment shall have thereafter been or shall be adjudged invalid, by any court of competent jurisdiction, and any landowner of the district shall have paid the amount assessed, in said assessment, against land belonging to him, before said assessment shall have been or shall be so adjudged invalid, the amount so paid by said landowner, together with the legal interest thereon from the date of its payment, shall be credited, by the treasurer of the county in which said land is situated, to the tract of land on which the same was paid, and shall be applied upon any assessment thereafter levied on the lands of the district, to the payment, pro tanto, of the amount therein assessed against said tract of land.

SEC. 2. This act shall take effect and be in force immediately from and after its passage.

CHAPTER XLV.

An act to add a new section to the Political Code, to be known as section eighteen hundred and ninety, relating to fire-escapes on school buildings.

[Approved March 2, 1899.]

The people of the state of California, represented in senate and assembly, do enact as follows:

school

SECTION 1. A new section is hereby added to the Political Code, to be known as section eighteen hundred and ninety, and to read as follows, viz.: 1890. Each school building in the state shall, if two or Firemore stories in height, be provided with suitable and sufficient con fire-escapes. The trustees of each school district and the houses. board of education of each municipal corporation must provide sufficient and suitable fire-escapes for each school building two or more stories in height under their jurisdiction. SEC. 2. This act shall take effect immediately.

CHAPTER XLVI.

An act adding fifteen new sections to the Political Code, to be numbered, consecutively, thirteen hundred and sixty-six, thirteen hundred and sixty-seven, thirteen hundred and sixty-eight, thirteen hundred and sixty-nine, thirteen hundred and seventy, thirteen hundred and seventy-one, thirteen hundred and seventytwo, thirteen hundred and seventy-three, thirteen hundred and seventy-four, thirteen hundred and seventy-five, thirteen hundred and seventy-six, thirteen hundred and seventy-seven, thirteen hundred and seventy-eight, thirteen hundred and seventy-nine, and thirteen hundred and eighty, concerning elections, and providing for the election of delegates to conventions of political parties at elections known and designated as primary elections. [Approved March 3, 1899.]

The people of the state of California, represented in senate and assembly, do enact as follows:

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SECTION 1. Fifteen new sections are hereby added to the concernPolitical Code, to be numbered, consecutively, thirteen hundred ing priand sixty-six, thirteen hundred and sixty-seven, thirteen hun- elections. dred and sixty-eight, thirteen hundred and sixty-nine, thirteen hundred and seventy, thirteen hundred and seventy-one, thirteen hundred and seventy-two, thirteen hundred and seventy-three, thirteen hundred and seventy-four, thirteen hundred and seventy-five, thirteen hundred and seventy-six, thirteen hundred and seventy-seven; thirteen hundred and seventy-eight, thirteen hundred and seventy-nine, and thirteen hundred and eighty, as follows:

Election of 1366. All delegates to conventions of political parties delegates. for the purpose of making nominations of candidates for public office within this state shall be elected at elections to be known and designated as primary elections, and conducted at the time and place, and under the regulations in this chapter hereinafter specified, and not otherwise.

Conventions defined.

General election laws to govern primaries.

Excep

tions..

Election

officers.

1367. A convention to nominate candidates for public office to be voted for by the electors of the entire state will be hereinafter in this chapter designated as a state convention, and a primary election for the election of delegates to such convention will be hereinafter in this chapter designated as a state primary. Conventions to nominate candidates for representatives in congress, members of the board of equalization, or railroad commissioners, or for senators and assemblymen from districts including more than one county, will be hereinafter in this chapter designated as district conventions, and a primary election to elect delegates to such conventions will be hereinafter in this chapter designated as a district primary. Conventions to nominate candidates for county, or city and county officers, and members of the senate and assembly representing districts wholly within one county, or city and county, supervisors and all township officers, will be hereinafter in this chapter designated as local conventions, and a primary election to elect delegates to such conventions will be hereinafter in this chapter designated as a local primary. A convention to nominate candidates for city or town officers will be hereinafter in this chapter designated as a city convention, and a primary election to elect delegates to such conventions will be hereinafter in this chapter designated as a city primary.

1368. Elections herein provided for and known and designated as primary elections shall be conducted, managed, and controlled as to selection of precinct officers, publication of notices, use of great registers and supplements thereto, challenging of voters, voting booths, printing and use of ballots, cards of instruction, ascertainment of results, and all other details, in the same manner, and subject to the same regulations as are elections for state, district, county, city and county, city, town, and local officers, as far as applicable, except as otherwise provided in this chapter; provided, that sample ballots shall not be printed or distributed; also provided, that there shall be printed for each primary election precinct only as many ballots as there are names appearing on the register or supplements thereto as persons entitled to vote thereat; also provided, that no compensation shall be allowed to any primary precinct election officer, and it shall be the duty of every person so chosen to act as such primary precinct election officer at such primary election, to perform the services required of him in such capacity. That the primary precinct election officers shall be an inspector, two judges, two clerks, and one ballot clerk, for each primary election precinct; provided, that the same person shall not, without his consent, be compelled to serve as such primary precinct election officer more than once in every two years.

of prima

1369. All state, district, and local primaries shall be Expenses under the control of the board of election commissioners of ries a each county, or city and county respectively, and shall be a charge. public county, or city and county charge respectively, and the expense of conducting city primaries shall be a city or town charge, and under the control of the city council, trustees, or governing body of any city or town; provided, that no expense of holding any convention shall be a public charge; and provided further, that all necessary expenses incurred by the secretary of state under this chapter shall be a state charge, and payable out of the general fund. The boards of supervisors of counties, and of any city and county, and the city council or board of trustees, or other governing body of any city or town, shall appropriate from the general funds of the county, city and county, city or town, as the case may be, sufficient sums of money to pay the necessary expenses of conducting the primary elections herein specified, and it shall be the duty of the proper officers to pay such expenses where the same are either a county, city and county, or city or town charge respectively. The board of election commissioners of any county, or city and county, and the city councils or boards of trustees of cities and towns, as to all elections for delegates to conventions held under their control, as the case may be, shall forthwith, after any such election, canvass the returns and shall, within five days, issue to the persons elected as delegates to the respective party conventions certificates stating such fact, and thereupon such persons shall constitute the delegates of the party, and shall be entitled to sit and act in the respective party conventions to which they are elected.

parties

tion on

1370. All political parties which, at the last election Political prior to any ensuing primary election herein provided for, entitled to polled at least three per cent of the entire vote of the state, designacounty, district, city and county, city or town, or other political ballot. division for which a primary election is to be held, or which, in the case of any county, city and county, township, city or district wherein no general election shall have been held after its organization, shall have polled at least three per cent of the votes cast in the precincts composing such county, city and county, township, city or district, shall be entitled to a designation and place upon the official ballot to be used in all elections for delegates under this chapter upon complying with the provisions of this section. Where a state or district con- state and vention is to be held, the governing committee of any political district party for such territory shall, at least forty days prior to the tions, date of the state or district primary, file with the secretary of ton for state a writing, authenticated by the chairman and secretary, or place on other governing officers of such party, state, or district committee, setting forth the name of such party, that the writing is authenticated by the proper officers of the party committee, that it is the intention of such party to hold a state or district convention or conventions, for the purpose of making a nomination or nominations of candidates for public offices to be voted for at the next ensuing general election, or at any special elec

conven

applica

ballot.

State conventions; petitions in re dis

trict conventions.

tion within the same territory which may be called within two years after the primary election, for the purpose of filling any vacancy in any public office for which such convention is entitled to make nominations, and requesting that a place be given to it upon the official primary election ballot. Where a state convention is to be held, the respective petitions as filed shall provide that the same delegates composing the state convention, who reside within the respective railroad commissioner districts and state equalization districts, shall be the delegates to the respective conventions to nominate candidates for railroad commissioners, and for members of the state board of equalization. And the petitions filed by congressional district committees, where there are such committees, shall state whether the delegates elected to a state convention, within such congressional district, shall be the delegates empowered to nominate a candidate for congress in such district, or whether separate delegates shall be selected in such congressional district for that purpose. And petitions filed by senatorial or assembly district committees, from districts including more than one county, where there are such district committees, shall state whether the same delegates to the state convention residing within such district shall nominate the candidate for senator or assemblyman in such district, or whether separate delegates shall be elected in such district for that purpose. And unless there shall be such district petitions providing for such separate delegates in the cases aforesaid, such district candidates for congress, state senator, or assemblyman shall be nominated by the delegates to the state convention who come from and reside within such respective districts. Such Apportion petition must further state the number of delegates who will delegates. compose the convention, and specify the basis of the apportionment upon which they are to be elected. Such petition may either make such apportionment in detail, or may leave such apportionment to the party committees of the respective counties, or of any city and county in this state; provided, however, that any apportionment made in accordance with the provisions of this chapter must not be to, or the election by, territory not included in the same assembly district, nor such as to allow voters in different counties to vote for the same delegate or delegates; and provided further, that the apportionment for any territory shall be upon the basis, numerically, of the average vote cast for the candidates of the respective petitioning political parties at the last preceding general election. Such petition must be duly verified as to the truth of such matters by the chairman or secretary, or a governing officer of such party, before an officer authorized to administer an oath in this state. Where local conventions are to be held such petitions must be authenticated in the same manner as above provided for state or district conventions by the governing officers or committee of the party for the county, or any city and county, and must set forth the same things as herein before required in a petition for participation in a state or district primary election. Such last named petition must further specify whether or not the

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Local con

ventions, what peti

tions must specify.

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