candidate. at Affidavit of I (name), having been a candidate for the office of the primary election held in the (naming city, county, city and county, or other division), of the State of California, on the day of, 18-, do solemnly swear that I have paid for my expenses at said primary election, and for all purposes of furthering my candidacy, directly or indirectly, within six months prior thereto, the sum of $- and no more, and that, except as aforesaid, I have not, nor to the best of my knowledge and belief has any person, club, society, or association on my behalf, directly or indirectly, made any payment, or given promises, or offered any reward, office, employment, or valuable consideration, or incurred any liability on account of or in respect to the conduct or management of the said election, and that I have not, directly or indirectly, promised any office or reward for any support of my candidacy prior or subsequent to said primary election. And I further solemnly swear that, except as aforesaid, no money, security, or equivalent for money, has, to my knowledge or belief, been paid, advanced, given, or deposited by any one, to or in the hands of myself, or any other person, for the purpose of defraying any expenses incurred on my behalf, or in aid of said primary election, or of my nomination, or on account of or in respect to the conduct or management of the said primary election. And I further solemnly swear that I will not at any future time make, or be a party to the making or giving of any payment, reward, office, employment, or valuable consideration for the purpose of defraying any such expenses as last mentioned, or provide, or be a party to the providing, of any money, security, or equivalent for money, for the purpose of defraying any such expenses. Avoidance If the candidate seeks to avoid the responsibility of any of illegal illegal payment made by any other person in his behalf, he shall set out such illegal payment and disclaim responsibility therefor. Candidates for office to be filled by the electors of Statements the State, or of any political division thereof greater than a county, and for members of the Senate and Assembly, Representative in Congress, or for members of the State Board of Equalization, State Board of Railroad Commissioners, shall file their statements in the office of the Secretary of State. Candidates for all other offices shall file their statements in the office of the clerk of the county where the primary election and convention is held, and within which the duties of the office for Vouchers which the candidate is nominated are to be exercised. Vouchers must be filed for all expenditures except in case of sums under five dollars. payment. to be filed with Sec retary of State. Others with County Clerk. to be filed. Failure to file statement. SEC. 35. Any candidate nominated for any public office, who shall refuse or neglect to file for at least ten days such statement, shall not be placed upon any ballot, but the Judge of the Superior Court of the county wherein such statement is filed, or is required to be filed, may, on the application of a candidate a creditor thereof, allow any claim, not in excess of the or excuse upon cer sentations. maximum amount allowed by this Act, to be presented and paid after the time limited by this Act; and a statement of any sum so paid, with a certificate of its allowance, shall forthwith, after payment, be filed by the candidate in the same office as the original statement of the candidate. If the can- Superior didate, upon such application, shall show to the satisfaction of said court that there is any error or false recital in such state- candidate ment or affidavit, or that the failure to make such statement tain repreor affidavit, or to present, within the designated time, a claim, otherwise just and proper, has been occasioned by the absence or illness of such candidate, or by the misconduct of any person other than such applicant, or by inadvertence or excusable neglect, or for any reasonable cause of a like manner, and not by reason of any want of good faith on the part of the applicant, the court may, after such notice of the application as the court shall require, and on the production of such evidence of the facts stated in the application as shall be satisfactory to such court, by order, allow such statement and affidavit to be filed, or such error or false recital therein to be corrected, or such claims to be paid, as to the court seems just; and such order shall relieve the applicant from any liability or consequences under this Act in respect of the matters excused by the order. If the application is made by a creditor, the court may, under like conditions, and upon a like showing, order the claim to be paid, and the creditor shall also be entitled to his costs. The claims of one or more creditors may be united in such application, but the amount and specific nature of each claim must be fully stated. placed on ballots. SEC. 36. No candidate of any political party or organiza- What tion can have his name printed upon any ballot, to be voted for names are as a candidate for public office at any election in this State, official unless he shall have been nominated by a convention composed of delegates chosen as provided by this Act; provided, however, "Indethat nothing in this Act shall prevent any candidate from pendent" being nominated as provided in section eleven hundred and dates. eighty-eight of the Political Code; but such nominees can have no other designation on the ballot than the word "Independent"; and provided further, that no more than one candidate shall be nominated by one petition. candi dred feet SEC. 37. No ticket or ballot must, on the day of a primary one hunelection, be given or delivered to or received by any person limit at except the inspector, or a judge acting as inspector, within one polls. hundred feet of the polling place. No person must, on the day of election, hold any ticket or unfold any ballot which he intends to use in voting, within one hundred feet of the polling place; exhibit to any other in any manner, by which the contents thereof may become known, any ticket or ballot which he intends to use in voting. No person must, on the day of election, within one hundred feet of the polling place, exhibit to another in any manner by which the contents thereof may become known, any ticket or ballot which he intends to use in voting. No person must, on the day of election, within one hundred feet of the polling place, solicit the support or vote of No polling places in saloons. Clerk to mail list of delegates. "Duplicate.' Duty of Registrar of Voters. Copies of any other person, nor request another person to exhibit or disclose the contents of any ticket or ballot which such other persons intend to use in voting. If at any precinct or polling place there shall be a line of persons desiring to vote, no person shall remain in such line after he has voted, or after an opportunity has been had for him to so vote, nor shall such line be in any manner delayed or hindered. SEC. 38. No polling place shall be held in any saloon where malt, vinous, or spirituous liquors are sold, or in any room leading from, or in any manner connected with such saloon. SEC. 39. Immediately upon making out the credentials of any delegates elected under this law, the clerk shall mail to the secretary of each political party or organization which participated in the primary, a complete list of all delegates to whom credentials shall have been given, either by himself or by the various precinct officers as herein provided, and said clerk must, in a proper book to be kept by him, record the names of all delegates elected, with the vote received by each, specifying those to whom credentials have been given, stating when and where such credentials were issued, and whether issued by himself or by the various precinct officers as aforesaid, and if any delegate entitled to credentials shall not have received his credentials, or have lost the same, said clerk must, upon request, issue a new credential to such delegate, which must be stamped "duplicate." SEC. 40. When, at any time after the passage of this Act, there is in any county, or city and county in this State, a duly qualified and acting Registrar of Voters, then, during the period that there shall be such a duly qualified and acting Registrar of Voters, all the duties herein imposed and acts required to be done by the County Clerk of such county, or city and county, are hereby imposed and required to be done by such Registrar of Voters, in the place and stead of such County Clerk. SEC. 41. Within thirty days after the passage of this Act Act for dis- the Secretary of State shall cause twenty thousand copies of this Act to be printed in pamphlet form for free distribution. tribution. SEC. 42. All Acts and parts of Acts inconsistent with this Act are hereby repealed. SEC. 43. This Act shall take effect immediately. CHAPTER CVII. An Act providing for the sale of street railroad and other franchises in municipalities, and providing conditions for the granting of such franchises by the legislative or other governing bodies, and repealing conflicting Acts. [Approved March 13, 1897.] The People of the State of California, represented in Senate and govern the franchises palities. tion be adver advertise SECTION 1. Every franchise or privilege to erect or lay tele- Certain graph or telephone wires, to construct or operate street rail- conditions roads, upon any public street or highway, to lay gas or water letting of pipes, to erect poles or wires for transmitting electric power, by munici or for lighting purposes, along or upon any public street or highway, or to exercise any other privilege whatever hereafter proposed to be granted by the Board of Supervisors, Board of Trustees, Common Council, or other governing or legislative body of any city and county, city, or town within this State, except steam railroads, telegraph lines, and renewal of franchises for piers, chutes, and wharves, shall be granted upon the conditions in this Act provided, and not otherwise. The fact that an Applicaapplication for such franchise or privilege has been made to such on must Board of Supervisors, Board of Trustees, Common Council, or tised. other governing or legislative body, together with a statement that it is proposed to grant the same, must first be advertised in one or more newspapers of the city and county, city, or town wherein the said franchise or privilege is to be exercised. Such advertisement must state that bids will be received for what the such franchise, and that it will be awarded to the highest ment must bidder, and such advertisement must be published in such state. daily newspaper once a day for ten successive days, and if there be no daily newspaper published in such county, city and county, or city, then it shall be published in a weekly newspaper published in such county, city and county, or city, once a week for four weeks, and in either case the full advertisement must be completed not less than twenty nor more than thirty days before any further action of the Board of Supervisors, Board of Trustees, Common Council, or other governing or legislative body. The advertisement must state the character of the franchise or privilege proposed to be granted, the term of its continuance, and if a street railroad, the route to be traversed; that sealed bids or tenders will be received up to a certain hour on a day named therein, and a further statement Percentage that no bids will be received of a single sum or amount stated, receipts. but that all bids must be for the payment in lawful money of the United States of a stated per cent of the gross annual receipts of the person, partnership, or corporation, or other authority to whom the franchise is awarded, arising from its use, operation, or possession. No percentage shall be paid for the first five years succeeding the date of the franchise, but there of gross Not less than three per cent of franchises. Bond of bidder. after such percentage shall be payable annually, and shall in no case be less than three per cent per annum upon such gross per annum. receipts, the franchise to be forfeited by failure to make the payments stated in the bids upon which the award was made; provided, the Board of Supervisors, Board of Trustees, Common Council, or other governing or legislative body may provide as a condition of such franchise that the payments of said percentage shall begin at any time less than five years Renewals after the franchise is granted, if such franchise is a renewal, or substantially a renewal, of a franchise already in existence. After the expiration of the time stated in the advertisement up to which sealed bids or proposals will be received, the board or other governing or legislative body herein mentioned, must meet in open session and open and read the tenders or bids. The franchise or privileges must then be awarded to the highest bidder; provided, however, that nothing in this section shall affect a special privilege, granted for a shorter term than two years; and provided further, that the governing power may reject any or all bids; and provided further, that unless the bidder shall file with his bid a bond to such county, city and county, city, town, or district, with at least two good and sufficient sureties, to be approved by such board or other governing or legislative body in a penal amount to be by it prescribed and set forth in the advertisement for bids, conditioned that such bidder shall well and truly observe, fulfill, and perform each and all of the terms, conditions, and obligations of such franchise, in case the same shall be awarded to him, and that in case of any breach of condition of such bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said bond, no award of any such franchise shall be made upon such bid, although the same may be the highest, but such franchise may be awarded to the next highest bidder who shall have complied with this proviso, or, in the discretion of such board, or other governing or legislative body, all bids may be set aside and rejected, and new bids advertised for. SEC. 2. No franchise now existing, or which may hereafter be granted, shall be renewed by the Board of Supervisors, Board of Trustees, Common Council, or other governing or legislative body above described, nor shall the extension or renewal of the same be advertised or offered for sale by such governing or legislative body, until within one year prior to the date of the expiration of the existing franchise, unless the existing franchise is first surrendered by the holders thereof; provided, no franchise can be surrendered without the consent of the Board of Supervisors, Board of Trustees, Common Council, or other governing or legislative body of the city and county, city, or town, granting such franchise; and provided further, that on the application of the Mayor, or a majority of the Board of Supervisors, Board of Trustees, Common Council, or other governing or legislative body above described, it shall be the duty Attorney of the Attorney-General to sue for a forfeiture of any franchise When franchises may be renewed. Surrender of franchise. Duty of General. |