SEC. 350.

FEDERAL OFFICERS INELIGIBLE TO STATE OFFICE-EXCEPTIONS.

No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit under this State; provided, that officers in the militia who receive no annual salary. local officers, or postmasters whose compensation does not exceed five hundred dollars per annum, shall not be deemed to hold lucrative offices. (Constitution, art. IV, sec. 20.)

SEC. 351.

EMBEZZLER OF PUBLIC FUNDS INELIGIBLE TO OFFICE.

No person convicted of the embezzlement or defalcation of the public funds of the United States, or of any state, or of any county or municipality therein, shall ever be eligible to any office of honor, trust, or profit under this State, and the Legislature shall provide, by law, for the punishment of embezzlement or defalcation as a felony. (Constitution, art. IV, sec. 21.)

SEC. 352.

ELECTION OF MEMBERS OF ASSEMBLY.

Members of the Assembly shall be elected in the year eighteen hundred and seventy-nine, at the time and in the manner now provided by law. The second election of members of the Assembly, after the adoption of this Constitution, shall be on the first Tuesday after the first Monday in November, eighteen hundred and eighty. Thereafter members of the Assembly shall be chosen biennially, and their term of office shall be two years; and each election shall be on the first Tuesday after the first Monday in November, unless otherwise ordered by the Legislature. (Constitution, art. IV, sec. 3.)

SEC. 353.

ELECTION OF ASSEMBLYMEN.

At the general election in the year nineteen hundred and eight and every two years thereafter, a member of the Assembly shall be elected in each of the Assembly districts constituted by section ninety of this code. (Political Code, sec. 228.)

SEC. 354.

TERM OF SENATORS-QUALIFICATIONS OF MEMBERS OF

LEGISLATURE.

Senators shall be chosen for the term of four years, at the same time and places as members of the Assembly, and no person shall be a member of the Senate or Assembly who has not been a citizen and inhabitant of the State three years, and of the district for which he shall be chosen one year, next before his election. (Constitution, art. IV, sec. 4.)

SEC. 355.

ELECTION OF SENATORS.

At the general election in the year nineteen hundred and eight, and every four years thereafter, a Senator shall be elected in each oddnumbered senatorial district constituted in section seventy-eight of this code. At the general election in the year nineteen hundred and ten, and every four years thereafter, a Senator shall be elected in each even-numbered district constituted in section seventy-eight of this code. (Political Code, sec. 227.)

SEC. 356.

NUMBER OF SENATORS AND ASSEMBLYMEN.

The Senate shall consist of forty members, and the Assembly of eighty members, to be elected by districts, numbered as hereinafter provided. The seats of the twenty Senators elected in the year eighteen hundred and eighty-two from the odd-numbered districts shall be vacated at the expiration of the second year, so that one-half of the Senators shall be elected every two years; provided, that all the Senators elected at the first election under this Constitution shall hold office for the term of three years. (Constitution, art. IV, sec. 5.)

SEC. 357.

SENATORIAL AND ASSEMBLY DISTRICTS.

For the purpose of choosing members of the Legislature, the State shall be divided into forty senatorial and eighty assembly districts, as nearly equal in population as may be, and composed of contiguous territory, to be called senatorial and assembly districts. Each senatorial district shall choose one Senator, and each assembly district shall choose one member of Assembly. The senatorial districts shall be numbered from one to forty, inclusive, in numerical order, and the assembly districts shall be numbered from one to eighty in the same order, commencing at the northern boundary of the State and ending at the southern boundary thereof. In the formation of such districts, no county, or city and county, shall be divided, unless it contains sufficient population within itself to form two or more districts, nor shall a part of any county, or of any city and county, be united with any other county, or city and county, in forming any district. The census taken under the direction of the Congress of the United States in the year one thousand eight hundred and eighty, and every ten years thereafter, shall be the basis of fixing and adjusting the legislative districts: and the Legislature shall, at its first session after each census, adjust such districts and reapportion the representation so as to preserve them as near equal in population as may be. But in making such adjustment no persons who are not eligible to become citizens of the United States. under the naturalization laws, shall be counted as forming a part of the population of any district. Until such districting as herein provided for shall be made, Senators and Assemblymen shall be elected by the districts according to the apportionment now provided for by law. (Constitution, art. IV, sec. 6.)

SEC. 358.

TRANSMISSION AND PUBLICATION OF ELECTION RETURNS.

The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the Speaker of the Assembly, who shall, during the first week of the session, open and publish them in the presence of both houses of the Legislature. The person having the highest number of votes shall be Governor; but in case any two or more have an equal and the highest number of votes, the Legislature shall, by joint votes of both houses, choose one of such persons so having an equal and the highest number of votes for Governor. (Constitution, art. V, sec. 4.)

SEC. 359.

CHANGE OF PRECINCT BOUNDARIES.

Neither boards of supervisors, municipal officers, nor any other officer or officers, shall have the power to alter the boundaries of any township, ward, election precinct, or other local subdivision, of any county, city and county, city, or town, so as to change the boundaries of any senatorial or assembly district as constituted and defined in chapter II of title I of part II of this code. (Political Code, sec. 229.)

SEC. 360.

FURNISHING MONEY FOR ELECTIONS EXCEPT FOR SPECIFIC PURPOSES.

Every person who, with intent to promote the election of himself or any other person, either

1. Furnishes entertainment at his expense to any meeting of electors previous to or during an election;

2. Pays for, procures, or engages to pay for any such entertainment; 3. Furnishes or engages to pay or deliver any money or property for the purpose of procuring the attendance of voters at the polls, or for the purpose of compensating any person for procuring attendance of voters at the polls, except for the conveyance of voters who are sick or infirm; 4. Furnishes or engages to pay or deliver any money or property for any purpose intended to promote the election of any candidate, except for the expenses of holding and conducting public meetings for the discussion of public questions and of printing and circulating ballots, handbills, and other papers previous to such election, is guilty of a misdemeanor. (Penal Code, sec. 54.)

SEC. 361.

UNLAWFUL OFFERS TO PROCURE OFFICES FOR ELECTORS.

Every person who, being a candidate at any election, offers or agrees to appoint or procure the appointment of any particular person to office, as an inducement or consideration to any person to vote for, or procure or aid in procuring the election of such candidate, is guilty of a misdemeanor. (Penal Code, sec. 55.)

SEC. 362.

SOLICITING OR DEMANDING THAT A CANDIDATE VOTE FOR OR AGAINST ANY MEASURE OR BILL.

Any person, either individually or as an officer or member of any committee or association, who solicits or demands of any candidate for the Legislature, supervisor, school director, or for any legislative body, that he shall vote for or against any particular bill or measure which may come before such body to which he may be elected, and any candidate for any of such offices who signs or gives any pledge that he will vote for or against any particular bill or measure that may be brought before such body, is guilty of a misdemeanor; and any candidate convicted under the provisions of this section is, in addition, disqualified from holding the office to which he may have been elected. The provisions of this section do not apply to any pledge or promise that any such candidate may give to a convention by which he may be nominated for any such office, or to those who sign a certificate for his nomination. (Penal Code, sec. 55a.)

SEC. 363.

COMMUNICATING SUCH OFFER.

Every person, not being a candidate, who communicates any offer, made in violation of the last section, to any person, with intent to induce him to vote for or procure or aid in procuring the election of the candidate making the offer, is guilty of a misdemeanor. (Penal Code, sec. 56.)

SEC. 364.

BRIBING OR OFFERING TO BRIBE MEMBERS OF LEGISLATIVE

CAUCUSES, ETC.

Every person who gives or offers a bribe to any officer or member of any legislative caucus, political convention, committee, primary election, or political gathering of any kind, held for the purpose of nominating candidates for offices of honor, trust, or profit, in this State, with intent to influence the person to whom such bribe is given or offered to be more favorable to one candidate than another, and every person, member of either of the bodies of this section mentioned, who receives or offers to receive any such bribe, is punishable by imprisonment in the state prison not less than one nor more than seven years. (Penal Code, sec. 57.)

SEC. 365.

PART II. CONTESTED ELECTIONS.

A. Of Members of the Legislature.

WHO MAY CONTEST.

The right of any person declared elected to a seat in the Senate or Assembly may be contested by any qualified voter of the county or district to be represented by such Senator or Assemblyman. (Political Code, sec. 273.)

SEC. 366.

STATEMENT OF CAUSE OF CONTESTING ELECTION.

The person contesting such election must, within twenty days after the certificate of election is issued, file with the clerk of the county, or one of the counties in which the alleged cause of contest originated, a statement of the grounds of contest, verified by his oath. Code, sec. 274.)

(Political

SEC. 367.

COMMISSION TO TAKE TESTIMONY.

On the filing of such statement the clerk must issue a commission, directed to two justices of the peace of his county, to meet at a time and place specified in the commission, not less than twenty nor more than thirty days from the date thereof, for the purpose of taking the depositions of such witnesses as the parties to the contest may wish to examine. (Political Code, sec. 275.)

SEC. 368.

NOTICE TO PERSON INTERESTED, BY WHOM SERVED.

Written notice of such contest, specifying the time and place of taking depositions, and a copy of the statement, certified by the Clerk, must be delivered to the person whose election is contested, or if he can not be found, left at the house where he last resided, by the sheriff of the county in which such person claims his residence, within ten days after such statement is filed. (Political Code, sec. 276.)

SEC. 369.

COMPELLING ATTENDANCE OF WITNESSES.

Either of the justices of the peace have power to issue subpoenas for witnesses, at the request of either party, to be served by the sheriff as other subpoenas; and such justices, when met at the time and place appointed to take such depositions, have the same power to issue attachments and assess fines against witnesses as is given to justices of the peace in the trials of civil actions. (Political Code, sec. 277.)

SEC. 370.

TESTIMONY, HOW TAKEN.

The justices must meet at the time and place appointed, and take the depositions of witnesses produced by the parties, and may continue the examination from day to day, if necessary. When the examination is closed, they must seal up the depositions taken before them, together with the commission, and transmit the same by mail or express to the clerk with whom the statement was filed. (Political Code, sec. 278.)

SEC. 371.

VACANCY IN COMMISSION, HOW FILLED.

If at any time either of the justices is unable to proceed in such examination the clerk may supply the vacancy by designating any other justice of the peace of the county. (Political Code, sec. 279.)