The record-union., 1894-11-29
CANVASS OF ELECTION RETURNS
How 1t Is Made in the Case of State
officers.


How 1t Is Made in the Case of State
Officers.
AS it appears that there is to be some
dispute over the election returns, it is in
teresting just now to know who it is who
has the authority to declare the result in
gubernatorial election. The RECORD
UNION submitted the question to a lead
ing attorney, and received the following
reply:
Section 12SS of the Political Code re-
qulres each County Clerk, so soon as the
statement of the vote OF his county is
made out and entered upon the records
OF the Board of Supervisors, TO make a
certified copy OF so much thereof as re-
iates to the votes given persons for State
and judicial officers; and Section 1889 Up.
c. says: 1.-The Clerk must seal up such
abstract indorse it Election Returns,'
and without delay transmit it by mail to
the Secretary of State.'
Thereafter the following sections of the
Political Code govern:
section 1890. On the fortieth day after
the day OF election, or as the returns have
been received from all the counties OF the
State, If received within that time, the
Secretary OF State must compare and es-
Innate the vote, and make out and Tie in
his Office a statement thereof, and trans
mt copy OF such statement to the Gov
ernor.
Section 1891. Upon receipt of such
copy The Governor must issue commits
sions to the persons who from it appear
TO nave received the highest number OF
votes for offices, except that OF Governor
or acknowledgements, to be filled at
such election.
section 1892. When an election has
Deen held to till the office Of Governor or
~ Tar NJ 80
county, IN addition to the abstract made
lor transmission 10 the Secretary OF State,
must, as soon as the statement OF the
vote OF his county Is made out and en-
tered upon the records of the Board of
Supervisors, make two clerical abstracts
OF so much thereof as relates to the vote
given for such officers.
section 1893. The Clerk must seal mn
each abstract separately and indorse
thereon Election returns for Governor
and Lleutenant-Governor
section l294. lie must at once direct
one copy to the Speaker OF the Assembly
next to meet address it TO Sacramento
California, and deposit it, post paid in
the POstOtiice.
section l290 The other copy he must
direct and address in the same manner
and at once deliver it to member elect of
the Legislature, or to a Senator VINO holds
over, ana the person to whomsit is so de-
IIVered must deliver it to the Speaker on
or before the second day next alter his
election.
Section 1896. The returns of election
Tor Governor and Lieutenant- Governor
must during the first week of the session
be opened, canvassed, and the result de-
cared by the Speaker of the Assembly in
the presence Of both houses.
section 1897. No declaration of the re-
suit, commission or certificate must be
Withheld on account of any defect or in
tormaIlty i'll the return of any election.
II Il can with reasonable certainty be as
certalned from such return what office is
Ihtehueo ana who IS elected thereto"
Any elector Of this State NAV contest
the election Of any person for Governor
or Lleutenapt-Governor and the pro-
ceedlngs for such contest are provided by
Sections 2SS to 295, inclusive, OF the Polit-
ical Code.