[1] Petitioner's nomination papers under section 1188 of the Political Code were not presented to the *Page 73 registrar of the city and county of San Francisco for examination until September 25, 1920. This was not forty days prior to the general election of November 2, 1920. It results that he is not entitled to have his name go on the ballot. (Pol. Code, sec. 1188; Primary Law, sec. 5, [Stats. 1913, p. 1383].)

The application is denied.

All the Justices concurred.