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Sec. 387. Vacancies occurring during recess of the Legislature. (Political Code.)
Sec. 388. Vacancies in Legislature, how filled. (Political Code.)
Sec. 389. Vacancies, how filled when not otherwise provided for. (Political Code.)

PART. IV. IMPEACHMENT. Sec. 390. Impeachment. (Constitution.) Sec. 391. Who may be impeached—Other officers. (Constitution.) Sec. 392. The several courts of this State. (Code of Civil Procedure.) Sec. 393. Courts of record. (Code of Civil Procedure.) Sec. 391. Members of the court. (Code of Civil Procedure.) Sec. 395. Jurisdiction. (Code of Civil Procedure.) Sec. 396. Officers of the court. (Code of Civil Procedure.) Sec. 397. Trial of impeachments provided for in Penal Code. (Code of Civil

Procedure.) Sec. 398. Proceedings to impeach or remove officers and others preserved. (Penal

Code.) Sec. 399. Officers liable to impeachment. (Penal Code.) Sec. 100. Articles, how prepared--Trial by Senate. (Penal Code.) Sec. 401. Delivery of articles of impeachment. (Penal Code.) Sec. 102. Time of hearing, service on defendant. (Penal Code.) Sec. 103. Service in impeachment, how made. (Penal Code.) Sec. 104. Proceedings on failure to appear in impeachment. (Penal Code.) Sec. 405. Defendant, after appearance, may answer or demur. (Penal Code.) Sec. 106. If demurrer is overruled, defendant must answer. (Penal Code.) Sec. 407. Senate to be sworn. (Penal Code.) Sec. 408. Two-thirds necessary to a conviction. (Penal Code.) Sec. 409. Judgment on conviction, how pronounced. (Penal Code.) Sec. 410. Judgment on conviction, when final. (Penal Code.) Sec. 411. Nature of the judgment. (Penal Code.) Sec. 412. Effect of judgment of suspension. (Penal Code.) Sec. 413. Officer, when impeached, disqualified until acquitted—Governor to tem

porarily fill vacancy. (Penal Code.) Sec. 414. Presiding officer when Lieutenant Governor is impeached. (Penal Code.) Sec. 415. Impeachment not a bar to indictment. (Penal Code.)

PART 1. WITNESSES. Sec. 416. Subpænas. (Political Code.) Sec. 417. Service of subpæna. (Political Code.) Sec. 418. Failure of witness to appear, contempt. (Political Code.) Sec. 419. Warrant of arrest. (Political Code.) Sec. 420. Witnesses not to be held to answer criminally. Refusal to testify.

(Political Code.) Sec. 421. Witnesses refusing to attend, testify, or produce papers before the Legis

lature or committees thereof. (Penal Code.) Sec. 422. Fees for witnesses. (Assembly rule.)


SEC. 349.


No Senator or member of Assembly shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State which shall have been created, or the emoluments of which have been increased, during such term, except such offices as may be filled by election by the people. (Constitution, art. IV, sec. 19.)


SEC. 350.


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.


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.


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.


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.


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.


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 Gov

(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.


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.


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.


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.)



A. Of Members of the Legislature.

SEC. 365.

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.)

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