SEC. 336. EXCUSE FROM VOTING. When a Senator declines to vote on a call of his name he shall be required to assign his reasons therefor, and having assigned them, the presiding officer shall submit the question to the Senate: "Shall the Senator, for the reasons assigned by him, be excused from voting?" which shall be decided without debate. And these proceedings shall be had after the roll call and before the result is announced, and any further proceedings in reference thereto shall be after such announcement. (Senate Rule No. 20.) SEC. 337. ELECTION BY HOUSE. In all cases of election by the House, the vote shall be taken viva voce. (Assembly Rule No. 59.) SEC. 338. CALLING AYES AND NOES. The ayes and noes shall be taken on the final passage of all bills, and when called for by three members on other questions, and every member within the bar of the House, when his name is called, shall (unless for special reasons he be excused) declare openly, and without debate, his vote. In taking the ayes and noes, and upon call of the house, the names of the members shall be taken alphabetically, and the Clerk shall enter on the Journal the names of those demanding the ayes and noes. (Assembly Rule No. 60.) SEC. 339. MEMBERS AT CLERK'S DESK. No member or other person shall remain by the Clerk's table while the ayes and noes are being called, or while the votes are being counted. (Assembly Rule No. 61.) SEC. 340. VOTING ON QUESTION WHEN INTERESTED. No person shall vote on any question in the result of which he is personally interested or involved. (Assembly Rule No. 62.) SEC. 341. DIVISION AND COUNT OF HOUSE. Upon a division and count of the house on any question, no person without the bar shall be counted. (Assembly Rule No. 63.) SEC. 342. EXPLAINING OR CHANGING VOTE. No member shall be allowed to explain his vote or discuss the question while the ayes or noes are being called, and no member shall be allowed to change his vote after the vote is announced by the chair. (Assembly Rule No. 64.) SEC. 343. CALL OF THE HOUSE. Upon a call of the house the names of the members shall be called over by the Clerk, and the absentees noted, after which the names of the absentees shall again be called over. The door shall then be shut, and those for whom no excuse or insufficient excuses are made, may, by order of those present, be taken into custody, as they appear, or may be sent for and taken into custody by the Sergeant-at-Arms wherever found, or by special messenger to be appointed for that purpose. In the absence of a quorum, a majority of the members present may order a call of the house and compel the attendance of absentees in the manner above provided. No recess can be taken during a call of the house. (Assembly Rule No. 65.) SEC. 344. (Form.) ROLL CALL ORDERED. After a viva voce vote was had the Chair expressed doubt as to the result and directed the Secretary to call the roll.2 The roll was called, and the motion was declared carried by the following vote: (ROLL CALL.) EXPLANATORY NOTE. 1Or Chief Clerk. And ordered a standing vote. Or count taken. *Or lost. SEC. 345. (Form.) AYES AND NOES DEMANDED. After a viva voce vote was had the Chair announced that the motion appeared to have been carried, whereupon the ayes and noes were demanded by Senators1 and Thereupon the Secretary2 was directed to call the roll. The roll was called, and the motion carried by the following vote: (ROLL CALL.) Also: The question being on the adoption of the report of Special Committee of One. AYES AND NOES DEMANDED. A roll call was demanded by Senators Thereupon the Secretary was directed to call the roll. and The roll was called, and the report of Special Committee of One refused adoption by the following vote: EXPLANATORY NOTE. 'Or Messrs. 2Or Chief Clerk. Or lost. SEC. 346. Senator1 Motion carried. (Form.) DIVISION OF THE QUESTION. moved that the question be divided. Question being on the part of resolution pertaining to2. Question being on the part of resolution pertaining to3. The roll was called, and the motion carried by the following vote: Senator1 (Form.) EXPLANATION OF VOTE. asked for, and was granted, unanimous consent to have the following explanation of his vote on printed in the Journal: Bill No. EXPLANATORY NOTE. 1Or Mr. SEC. 348. (Form.) EXCUSED FROM VOTING. Senator1 asked for, and was granted, unanimous con sent to be excused, for reason stated, from voting on No. EXPLANATORY NOTE. 'Or Mr. Bill CHAPTER VIII. ELECTIONS, RESIGNATIONS AND IMPEACHMENTS. CHAPTER CONTENTS. PART I. ELECTIONS. Sec. 349. Senators and Assemblymen ineligible to certain offices. (Constitution.) Sec. 350. Federal officers ineligible to state office-Exceptions. (Constitution.) Sec. 354. Term of Senators-Qualifications of members of Legislature. Sec. 355. Election of Senators. (Political Code.) Sec. 357. Senatorial and Assembly districts. (Constitution.) (Consti Sec. 356. Number of Senators and Assemblymen. (Constitution.) Sec. 358. Transmission and publication of election returns. (Constitution.) (Penal Sec. 361. Unlawful offers to procure offices for electors. (Penal Code.) Sec. 362. Soliciting or demanding that a candidate vote for or against any measure or bill. (Penal Code.) Sec. 363. Communicating such offer. (Penal Code.) Sec. 364. Bribing or offering to bribe members of legislative caucuses, etc. (Penal Code.) PART II. CONTESTED ELECTIONS. A. Of Members of the Legislature. Sec. 365. Who may contest. (Political Code.) (Political Code.) Sec. 366. Statement of cause of contesting election. Sec. 367. Commission to take testimony. (Political Code.) Sec. 368. Notice to person interested, by whom served. (Political Code.) Sec. 370. Testimony, how taken. (Political Code.) Sec. 371. Vacancy in commission, how filled. Sec. 372. Fees of officers. (Political Code.) (Political Code.) Sec. 373. Testimony to be transmitted to Secretary of State-Duties of Secretary. (Political Code.) Sec. 374. Depositions in election contests. (Political Code.) (Political Code.) B. Of Governor or Lieutenant Governor. Sec. 376. Who may contest. (Political Code.) Sec. 377. Grounds of contest to be stated in petition. (Political Code.) Sec. 378. Notice to respondent. (Political Code.) Sec. 379. Notice to the houses. (Political Code.) Sec. 380. Trial committee, how chosen. (Political Code.) Sec. 381. Notice of choice. (Political Code.) Sec. 382. Powers of committee. (Political Code.) Sec. 383. Judgment of Committee. (Political Code.) PART III. RESIGNATIONS. Sec. 384. Resignations, to whom made. (Political Code.) (Political Code.) 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.) 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. 394. 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. 400. Articles, how prepared--Trial by Senate. (Penal Code.) (Penal Code.) (Penal Code.) (Penal Code.) Sec. 401. Delivery of articles of impeachment. Sec. 408. Two-thirds necessary to a conviction. (Penal Code.) (Penal Code.) (Penal Code.) Sec. 409. Judgment on conviction, how pronounced. (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. PART V. WITNESSES. Sec. 416. Subpoenas. (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.) (Penal 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 Legislature or committees thereof. (Penal Code.) Sec. 422. Fees for witnesses. (Assembly rule.) PART I. ELECTIONS. SEC. 349. SENATORS AND ASSEMBLYMEN INELIGIBLE TO CERTAIN OFFICES. 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.) 9-16821 |