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terms of all officers elected at the first election under the same shall be, respectively, one year shorter than the terms as fixed by law or by this Constitution; and the successors of all such officers shall be elected at the last election before the expiration of the terms as in this section provided. The first officers chosen, after the adoption of this Constitution, shall be elected at the time and in the manner now provided by law. Judicial officers and the superintendent of public instruction shall be elected at the time and in the manner that state officers are elected.
ELECTIONS.—Suggested but not decided that it may have been, and probably was, contemplated by the framers of the Constitution that, when the legislature should provide for the election of county, township, and municipal officers, it would require such election to be held in the even-numbered years; but whether the legislature must do so, not decided. (Barton v. Kalloch, 56 Cal. 95.)
This section refers only to the officers mentioned in section 20, article XX; that is, only to officers who derive their right to hold office immediately from the Constitution; and does not refer to municipal or county officers. (Barton v. Kalloch, 56 Cal. 95.)
Justices of the peace are judicial officers within the meaning of this section, and must be elected at the general election. (McGrew v. Mayor etc. of San Jose, 55 Cal. 611; People v. Ransom, 58 Cal. 558.)
A police judge, though a judicial officer, is also a municipal officer, and is not one of those mentioned in this section. (People v. Henry, 62 Cal. 557.)
This section does not require that the term of such judicial officers as the legislature may authorize to be elected shall be uniform throughout the state. (Kahn v. Sutro, 114 Cal. 316, 33 L. R. A. 620, 46 Pac. 87.)
Laws applicable to judicial system.
Sec. 11. All laws relative to the present judicial system of the state shall be applicable to the judicial system created by this Constitution until changed by legislation.
JUDICIAL SYSTEM.—The several courts of the state continued with their jurisdiction, notwithstanding the adoption of the amendments of 1862, until the organization of the new courts by which they were to be superseded. (Gillis v. Barnett, 38 Cal. 393.)
Section 204 of the Code of Civil Procedure as to grand juries was continued in force by this provision of the Constitution. (People v. Durrant, 116 Cal. 179, 48 Pac. 75.)
The justices of the peace of the city and county of San Francisco provided for by the act of 1866 were continued in force by this section, and are not affected by the County Government Act. (Kahn v. Sutro, 114 -Cal. 316, 33 L. R. A. 620, 46 Pac. 87. But see People v. Cobb, 133 Cal. 74, 65 Pac. 325.)
The provision of the fee bill of 1876, so far as it provided for the fees to be paid to the clerk of the district court, was a law relating to the judicial system of the state, and was kept in force by the new Constitution, and made applicable to the courts organized thereunder. (People v. Hamilton, 103 Cal. 488, 37 Pac. 627.)
This section continued in force the provision for the drawing of trial jurors. (People v. Richards, 1 Cal. App. 566, 82 Pac. 691.)
The superior court has jurisdiction, as the successor of the district court, to entertain proceedings under sections 312 and 315 of the Civil Code, although those sections mention the district court. (Wickersham v. Brittan, 93 Cal. 34, 15 L. R. A. 106, 28 Pac. 792, 29 Pac. 51.)
The power of appointing police commissioners, vested in the judges of certain district courts by the act of 1878, was not a judicial power, did not pertain to the judicial system of the state, and did not devolve upon the judges of the superior courts. (Heinlen v. Sullivan, 64 Cal. 378, 1 Pac. 158.)
Under this section, the law giving the district court power to fix the compensation of phonographic reporters was continued in force, and made applicable to superior courts. (Ex parte Reis, 64 Cal. 233, 30 Pac. 806.)
Under this section, the law regulating appeals from justices' courts to the county courts applied to appeals to the superior court. (California Fruit etc. Co. v. Superior Court, 60 Cal. 305.)
The clerk of the superior court succeeding to a district court has power, without a previous order of the court, to issue an execution upon a judgment of the district court. (Dorn v. Howe, 59 Cal. 129.)
The statute providing for the drawing of jurors in the presence of the county judge, clerk and sheriff was not superseded by the Constitution, since the superior judge would either succeed to the duty of the county judge, or, there being no county judge, the presence of the clerk and sheriff would be sufficient. (People v. Gallagher, 55 Cal. 462.)
Constitution, when to take effect.
Sec. 12. This Constitution shall take effect and be in force on and after the fourth day of July, eighteen hundred and seventy-nine, at twelve o'clock meridian, so far as the same relates to the election of all officers, the commencement of their terms of office, and the meeting of the legislature. In all other respects, and for all other purposes, this Constitution shall take effect on the first day of January, eighteen hundred and eighty, at twelve o'clock meridian.
RECALL OF OFFICERS, Section 1. Every elective public officer of the state of California may be removed from office at any time by the electors entitled to vote for a successor of such incumbent, through the procedure and in the manner herein provided for, which procedure shall be known as the recall, and is in addition to any other method of removal provided by law.
The procedure hereunder to effect the removal of an incumbent of an elective public office shall be as follows: A petition signed by electors entitled to vote for a successor of the incumbent sought to be removed, equal in number to at least twelve per cent of the entire vote cast at the last preceding election for all candidates for the office which the incumbent sought to be removed occupies (provided that if the officer sought to be removed is a state officer who is elected in any political subdivision of the state, said petition shall be signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least twenty per cent of the entire vote cast at the last preceding election for all candidates for the office which the incumbent sought to be removed occupies) demanding an election of a successor to the officer named in said petition, shall be addressed to the secretary of state and filed with the clerk, or registrar of voters, of the county or city and county in which the petition was circulated; provided that if the officer sought to be removed was elected in the state at large such petition shall be circulated in not less than five counties of the state, and shall be signed in each of such counties by electors equal in number to not less than one per cent of the entire vote cast, in each of said counties, at said election, as above estimated. Such petition shall contain a general statement of the grounds on which the removal is sought, which statement is intended solely for the information of the electors, and the sufficiency of which shall not be open to review.
When such petition is certified as is herein provided to the secretary of state, he shall forth with submit the said petition, together with a certificate of its sufficiency, to the governor, who shall thereupon order and fix a date for holding the election, not less than sixty days nor more than eighty days from the date of such certificate of the secretary of state.
The governor shall make or cause to be made publication of notice for the holding of such election, and officers charged by law with duties concerning elections shall make all arrangements for such election and the same shall be conducted, returned, and the result thereof declared, in all respects as are other state elections. On the official ballot at such election shall be printed, in not more than two hundred words, the reasons set forth in the petition for demanding his recall. And in not more than three hundred words there shall also be printed, if desired by him, the officer's justification of his course in office. Proceedings for the recall of any officer shall be deemed to be pending from the date of the filing with any county, or city and county clerk, or registrar of voters, of any recall petition against such officer; and if such officer shall resign at any time subsequent to the filing thereof, the recall election shall be held notwithstanding such resignation, and the vacancy caused by such resignation, or from any other cause, shall be filled as provided by law, but the person appointed to fill such vacancy shall hold his office only until the person elected at the said recall election shall qualify.
Any person may be nominated for the office which is to be filled at any recall election by a petition signed by electors, qualified to vote at such recall election, equal in number to at least one per cent of the total number of votes cast at the last preceding election for all candidates for the office which the incumbent sought to be removed occupies. Each such nominating petition shall be filed with the secretary of state not less than twenty-five days before such recall election.
There shall be printed on the recall ballot, as to every officer whose recall is to be voted on thereat, the following question: "Shall (name of person against whom the recall petition is filed) be recalled from the office of (title of the office) ?”, following which question shall be the words “Yes” and “No” on separate lines, with a blank space at the right of each, in which the voter shall indicate, by stamping a cross (X), his vote for or against such recall. On such ballots, under each such question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person recalled, in case. he shall be removed from office by said recall election; but no vote cast shall be counted for any candidate for said office unless the voter also voted on said question of the recall of the person sought to be recalled from said office. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office. If a majority of those voting on said question of the recall of any incumbent from office shall vote "No," said incumbent shall continue in said office. If a majority shall vote "Yes," said incumbent shall thereupon be deemed removed from such office, upon the qualification of his successor. The canvassers shall canvass all votes for candidates for said office and declare the result in like manner as in a regular election. If the vote at any such recall election shall recall the officer, then the candidate who has received the highest number of votes for the office shall be thereby declared elected for the remainder of the term. In case the person who received the highest number of votes shall fail to qualify within ten days after receiving the certificate of election, the office shall be deemed vacant and shall be filled according to law.
Any recall petition may be presented in sections, but each section shall contain a full and accurate copy of the title and text of the petition. Each signer shall add to his signature his place of residence, giving the street and number, if such exist. His election precinct shall also appear on the paper after his name. The number of signatures appended to each section shall be at the pleasure of the person soliciting signatures to the same. Any qualified elector of the state shall be competent to solicit such signatures within the county, or city and county, of which