XHE ELECTION LAWS STATE OF OHIO ;d of the UNITED STATES OF AMERICA APPLICABLE TO THE CONDUCT OF ELECTIONS AND THE DUTIES OF OFFICERS IN CONNEC- TION THEREWITH COMPII.KD BV CHAS. H. GRAVES SECRETARY OF STATE Columbus, Ohio : The F. J. Heer Printing Co. 1914 .({[{l"' ^^0""; -^^>.\'^ TAlil.F. OF CONTENTS. Pages ELRCTION LAWS OP THE UNITED STATES. Citizenship ^ elective franchise. Naturalization 83 6 PROVISIONS OF THE CONSTITUTION OF OHIO RELATING TO ELECTIONS 24-30 PROVISIONS OF THE GENERAL CODE RELATING TO THE FILLING OF \ ACANCIES IN ELECTIVE STATE OFFICES AND JUDGESHIPS AND AS TO HOLIDAY 31 PUBLIC ELECTIONS. Supervision of elections "" Time and notice of elections *^ Election precincts ** i^:ualifications of electors ^* Registration of electors PRIMARY ELECTIONS NOMINATION OF CANDIDATES l"" BALLOTS AND SUPPLIES K"* ELECTION OF JUDGES AND JUSTICES OF THE PEACE Hi" CASTING AND COUNTING OF VOTE 121 RETURNS AND ABSTRACTS 138 CONTESTS OF ELECTIONS. Presidential electors 1*^ State officers, supreme and courts of appeals judges 160 Judges of common pleas and superior courts 161 Members of the general assembly 163 County officers 1*3 County seat 1^* Justices of the peace 16^ Municipal officers 1*3 MEETING OF PRESIDENTIAL ELECTORS 15» SPECIAL ELECTIONS AND SUBMISSION OF QUESTIONS. Publicity pamphlets relative to initiative and referendum 163 Limitation as to number of saloons 166 Release of treasurers and sureties 166 Greater tax rate 168 County Elections. Experiment farms 169 Combining probate and common pleas courts 170 Building bonds 1'2 New counties 1''6 Soldiers' monument 176 Centennials 1" Memorial buildings 1^7 Children's home 178 Hospitals — Toll roads 178-179 Bonds for agricultural societies 179 Purchase of fair grounds 180 Waterway or canal 183 Township Elections. Original surveyed townships 186 Officers of new townships 186 Road machinery and gravel 187 Sale of real estate 188 Hearse — Oil or gas well 188-189 Bond issue 189 Halls 189 Libraries 191 (^1 278741 4 ■ TABLE OF CONTENTS. SPECIAL ELECTIONS AND SUBMISSION OF QUESTIONS — Concluded. Township Elections — Concluded. Pages Parks 191 Memorial building • 193 Cemeteries 195 Cemetery roads 195 Foot bridges 196 Municipal Elections. Surrender of corporate powers 197 Municipal charter act 197 Incorporation 202 Annexation 204 Incorporation for police protection 206 Bonds to construct and equip electric railways, etc 207 Sale or lease of land to railway company 208 Grant of franchises 209 Elevated railroads 209 Bonds for gas works 210 Deficiency bonds 211 Bond issue 212 Park commission 213 Hearse or vault 214 Initiative and referendum 214 Sanitary plant 219 Council of Cincinnati 220 Criminal court of Lorain 221 Municipal court of Cincinnati 221 Municipal court of Columbus 222 Municipal court of Cleveland 223 Municipal court of Dayton 224 Municipal court of Hamilton 225 Municipal court of Toungstown 226 SPECIAL ELECTIONS — ROADS. Roads partly in a municipality 227 No further levy 228 Increase of levy 229 Road district improvement bonds 230 Separate road districts 231 Joint township district bonds 232 Turnpikes 233 Village road tax 234 Converting toll road 234 Repair tax 236 SPECIAL ELECTIONS — SCHOOLS. City districts 236 Village districts 240 Rural districts 242 Centralization ' 242 Abandonment of rural district 243 Increase of tax levy 243 Extensions 244 Unionization 244 SPECIAL ELECTIONS — LOCAL OPTION. General provisions 246 Local option in counties 246 Local option in townships 248 Local option in municipal corporations 249 OFFENSES RELATING TO ELECTIONS. The corrupt practices act 263 Safeguarding petitions 263 Illegal voting 268 Procuring Illegal vote 269 Ballots 270 Judges and clerks 272 Registration 274 Bribery and corruption 277 Primary election 279 Miscellaneous 281 Election Laws of the United States. CITIZENSHIP. Section 1992. All persons born in the United States \yho are and not subject to any foreign power, excluding Indians '^'"""*- not taxed, are declared to be citizens of the United States. Sec. 1993. All children heretofore born or hereafter Children of born out of the limits and jurisdiction of the United States, abJoad* whose fathers were or may be at the time of their birth, citizens thereof, are declared to be citizens of the United States ; but the rights of citizenship shall not descend to children whose fathers never resided in the United States. Sec. 1994. Any woman who is now or may here- Marru: after be married to a citizen of the United States, and who ^™'""'- might herself be lawfully naturalized, shall be deemed a citizen. Sec. 1995. All persons born in the district or country Persons bom formerly known as the territory of Oregon, and subject to '" "^°"' the jurisdiction of the United States on the 18th [of] May, 1872, are citizens in the same manner as if born elsewhere in the United States. Sec. 1996. All persons who deserted the military or Forfeiture of naval service of the United States, and did not return <:i'i«"»i>'P- thereto or report themselves to a provost marshal within sixty days after the issuance of the proclamation by the President, dated the nth day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens ; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof. Sec. 1997. No soldier or sailor, however, who faith- Certain sol- fully served according to his enlistment until the 19th day or"«*empted of April, 1865, and who, without proper authority or leave f"|.o'" forfeit- first obtained quit his command or refused to serve after that date, shall be held to be a deserter from the army or navy ; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and of the right to hold office in consequence of his desertion. Sec. 1998. Every person who hereafter deserts the Avoiding the military or naval service of the United States, or who, ''" '' being duly enrolled departs the jurisdiction of the district in which he is enrolled, or goes be}-ond the limits of the United States with intent to avoid any draft into the mili- tary or naval service, lawfully ordered, shall be liable to ELECTION LAWS OF THE UNITED STATES. THE ELECTIVE FRANCHISE. NATURALIZATION. Right patriat declare all the penalties and forfeitures of section nineteen hun- dred and ninety-six. Sec. 1999. Whereas, the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and, whereas, in the recognition of this prin- ciple this government has freely received emigrants from all nations, and invested them with the rights of citizen- ship ; and whereas it is claimed that such American cit- izens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof ; and whereas, it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed ; therefore, any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expa- triation, is declared inconsistent with the fundamental principles of the republic. Sec. 2000. All naturahzed citizens of the United States, while in foreign countries, are entitled to and shall receive from this government the same protection of per- sons and property which is accorded to native born citizens. Interfereni by army naval offic THE ELECTIVE FRANCHISE. Sec. 2003. No officer of the army or navy of the United States shall prescribe or fix, or attempt to pre- scribe or fix, by proclamation, order, or otherwise, the qualifications of voters in any state, or in any manner in- terfere with the freedom of any election in any state, or with the exercise of the free right of suffrage in any state. Sec. 2004. All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any state, territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previ- ous condition of servitude ; any constitution, law, custom, usage, or regulation of any state or territory, or by or under its authority, to the contrary notwithstanding. Honorably discharged soldiers ex- NATURALIZATION. Sec. 2166. Any alien, of the age of twenty-one years and upward, who has enlisted, or may enlist, in the armies of the United States, either the regular or the volunteer forces, and has been, or may be hereafter, honorably dis- charged, shall be admitted to become a citizen of the United States, upon his petition, without any previous dec- laration of his intention to become such ; and he shall not be required to prove more than one year's residence within ELECTION LAWS OF THE UNITED STATi:S. J NATURALIZATION. the United States previous to his application to become such citizen ; and the court achnitting such aUen shall, in addition to such proof of residence and good moral char- acter, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States. Sec. 2169. {As amended, 1875.) — The provisions of Miens of this title shall apply to aliens being free white persons, and ^^"^3 d"*'"'* to aliens of African nativity and to persons of African scent, descent. Szc. 2171. No alien who is a native citizen or sub- Naturalization ject, or a denizen of any country, state, or sovereignty with enem'ie" which the United States are at war, at the time of his ap- p™i"'^i>'--ie£ deputy, politics to that of the clerk. If, upon the first ballot, no person shall be agreed upon as chief deputy, the deputy of opposite politics to the clerk, having the shortest term to serve, shall be chief deputy and preside at all meetings. When such organization is perfected, the clerk shall forth- with report it to the state supervisor. (R. S. Sec. 2966-4.) Section 4814. Before entering upon his duties, the oath of clerk, clerk of the board of deputy state supervisors of elections for each county shall take and subscribe the following oath, which shall be filed with the clerk of the court of common pleas of the county where he resides : State of Ohio, county, ss. I do solemnly swear that I will support the constitution of the United States and of the state of Ohio and dis- charge the duties of a clerk of the board of deputy state supervisors for county to the best of my ability and preserve all records, documents and other i)roperty pertaining to the conduct of elections placed in my custody. Signed Sworn to and subscribed before me this day of in the year (91 v. 120 § 7.) (Title of officer.) Section 4815. The clerk may be removed by the Removal oi state supervisor or deputy state supervisors, for any viola- '^'''■''• tion or neglect of duty or other good and sufficient cause, and such vacancy shall be filled by the deputy state super- visors from the political party to which such outgoing clerk belongs. (R. S. Sec. 2966-4.) Section 4816. The clerk may administer oaths to Oerk may such persons as are required by law to file certificates or laS's?'*'" other papers with the board, to judges and clerks of elec- SUPERVISION OF ELECTION'S. Chap. r.oard shall meet before each election. tion, and to witnesses who may be called to testify before the board. (R. S. Sec. 2966-4.) Section 4817. The board of deputy state supervisors shall meet on the twelfth day before each election, and remain in session for such time as may be necessary, and adjourn to such day as their duties prescribed by law may require. (R. S. Sec. 2966-4.) Note: — It is the duty of tlie board to have a sufficient and proper room or office in which to transact the business of the board, and it is also tlie duty of the board to file and carefully keep all papers, documents and supplies filed with such board and neces- sary in the performance of his duties. For this purpose a proper desk and files, together with proper and necessary furniture for such room or office must be provided. The reasonable rent of such room or oflice, unless furnished by the commissioners at the Court House, together with the expense of such furniture, desk and files, are proper cliarges against the county, and should be paid out of the county trea,sury upon the order of the County Commissioners as other county expenses. Certificates of SECTION 4818. The State supervisor and the deputy nominations state supcrvisors shall receive and file certificates of nomi- tion paper". nations and nomination papers, pass upon the validity thereof and certify them as provided by law. (97 v. 223 §8.) Section 4819. The deputy state supervisors for each county shall advertise and let the printing of the ballots, cards of instruction and other required books and papers to be printed by the county ; receive the ballots from the printer, and cause them to be securely sealed up in their presence in packages, one for each precinct, containing the designated number of ballots for each precinct, and make the necessary indorsements thereon as provided by law ; i)rovide for the delivery of ballots, poll books and other required books and papers at the polling places in the several precincts ; cause the polling places to be suitably 1 "ovided with booths, guard rails and other supplies, as provided by law, and provide for the care and custody of them during the intervals between elections ; receive the returns of elections, canvass them, make abstracts thereof, and transmit such abstracts to the proper officers at the times and in the manner provided by law, and issue cer- tificates to persons entitledjo them. (97 v. 223 § 8.) Certificates of election may be issued after time within which returns must be made lias expired. Atty. Gen. 12-24-1907. General du of deputy Investigation of violations of election laws. Section 4S20. The I oard of deputy state supervisors of each county shall investigate all irregularities or non- performance of duty by an election officer that may be reported to it, or that comes to its knowledge and report the facts to the state supervisor of elections and to the prosecuting attorney of the county. The slate supervisor or the board of deputy state supervisors shall order the prose- cution of all offenses for violations of this title or any of Chap. I SUPERVISION OF ELECTIONS. tlie laws of tlie state relating to the conduct of elections. (91 V. 121 § 9a.) Section 4821. All proper and necessary expenses of Kcctssary es the board of deputy state supervisors shall be paid from ["[^"^^oard the county treasury as other county expenses, and the county commissioners shall make the necessary levy to pro- vide therefor. In counties containing annual general reg- istration cities, such expenses shall include expenses duly authorized and incurred in the investigation and prosecution of offenses against laws relating to the registration of elec- tors, the right of suffrage and the conduct of elections. (R. S. Sec. 2966-4.) Note : — "Proper and necessary expenses of the board" ap- plies to the expenses of the board as a whole, and cannot be made to apply to personal expenses or mileage of the members of the board in their attendance upon meetings. The necessary expenses of the chief deputy and clerk while in attendance upon a meeting of the district board for the purpose of hearing objections arising in the course of the nomination of candidates of said district, may be allowed and paid as "prcper and necessary expenses of the board," but no additional compensa- tion can be allowed such officers in excess of the annual compen- sation otherwise authorized by law. There is no provision for payment of compensation in such case, other than for "necessary expenses." "All proper necessary expenses of such board, etc," does not include the expenses of the individual members of the board in traveling from their homes to the place of meeting of the board or otherwise incurred in attending such meeting. Expense of members of board of deputy state supervisors of elections may be paid only upon allowance by county commis- sioners. Atty. Gen. 8-19-1907. The question of employing clerks to assist the board of elections in canvassing and tabulating returns is for the deputy state supervisors and the county commissioners to determine. Atty. Gen. 11-12-1908. The compensation for a necessary assistant to the board of deputy state supervisors of elections may be allowed and paid as necessary expenses ; but the County Auditor cannot issue his warrant on the treasurer to pay for such service unless the amount has first been allowed by the County Commissioners. State ex rel. v. Craig, 21 C. C. 180. Section 4822. Each deputy state supervisor shall re- compensaUo, ceive for his services the sum of three dollars for each of memiKrs election precinct in his respective county, and the clerk *" '" '' shall receive for his services the sum of four dollars for each election precinct in his respective county. The com- pensation so allowed such officers during any year shall be determined by the number of precincts in such county at the November election of the next preceding year. The compensation paid to each of such deputy state super- visors under this section shall in no case be less than one hundred dollars each year and the compensation paid to the clerk shall in no case be less than one hundred and twenty-five dollars each year. Such compensation shall be paid quarterly from the general revenue fund of the county upon vouchers of the board, made and certified by the chief deputy and the clerk thereof. Upon presentation of any 43 SUPERVISION OF ELECTIONS. Chap. I such voucher, the county auditor shall issue his warrant upon the county treasurer for the amount thereof, and the treasurer shall pay it. (R. S. Sec. 2966-4.) Note : — The compensation provided by this section is a yearly compensation including special as well as general elections. Atty. Gen. 11-12-1908. If the number of precincts is increased at the November election in any year, such increased number of precincts shall not be regarded in fixing the compensation of the deputy supervisors for that official year, but the whole number of precincts, includ- ing such increase, shall be the basis for their compensation for the next succeeding official year. Atty. Gen. 1-21-1910. Collation and SECTION 4823. The secretary of state shall collate and ?recdon''i° °* publish from time to time all the election laws in force, applicable to the conduct of elections. A sufficient number of copies of such election laws shall be printed, bound in paper and distributed in proportion to the number of voting precincts in each county. Such distribution shall be made in each county by the deputy state supervisors thereof. (97 V. 222 § 5.) CHAPTER 2. TIME AND NOTICE OF ELECTIONS. ELECTIONS IN EVEN NUMBERED YEARS. Section . 4824. Electors of president and vice presi- dent. 4825. Sheriff shall issue proclamation of elec- 4826. Time of holding elections for elective state and county offices; vote for judge void, when. 4827. Sheriff shall issue proclamation of election. 4828. Time of congressional elections. 4828-2. Election of U. S. senators by the electors of the state; notice of election. . tt (= 4828-3. Vacancy in representation m U. S. special el ' ELECTIONS IN ODD NUMBERED YEARS. Section , , ^ 4S31. Township officers and justices of the peace. 4832. Notice of township election. IS.fS. How notice served. 4834. Notice of elections in precincts. 4835. Judges of superior court of Cincinnati, 4836. Election of municipal officers. 4837. Mayor shall issue proclamation of elec- 4838. Election of members of the board of education. 4839. Notice of school elections. PROVISIONS APPLICABLE EACH YEAR. 48-10. Submission of question when special election not provided for. 4S29. Vacancy in office of congressman or election not proviaea ^°J- member of general assembly. 4841. Proclamation as to sale Of liquors 4830. Fees of sheriff. election day. ELECTIONS IN EVEN NUMBERED YEARS. Section 4824. On the first Tuesday after the first Electors of Monday in November in the year 191 2, and every four Pr^^^^^^^J years thereafter, the quahfied electors shall elect a number of electors of president and vice president of the United States equal to the number of senators and representatives this state may be entitled to in the congress of the United States. No senator or representative in congress or other person holding an office of trust or profit under the United States or any law thereof shall be eligible as elector of president or vice president. (R. S. Sec. 2968.) Section 4825. At least fifteen days before the time Sheriff shaii for holding the election provided for in the preceding sec- ',-o^* oTei'e " tion, the sheriff shall give public notice by proclamation tion. through his county of the time and place of holding such election and the number of electors to be chosen. A copy of such proclamation shall be posted at each of the places where elections are appointed to be held and inserted in a newspaper published in the county. (R. S. Sec. 2967.) Section 4826. All general elections for elective state Time of hoh and county offices and for the office of judge of the court of j^s elective appeals shall be held on the first Tuesday after the first state and Monday of November in the even numbered years. All """''' " "' votes for any judge for an elective office except a judicial Vo.'| f^^J;;;! office, under the authority of this state, given by the general assembly, or by the people, shall be void. (103 v. 23.) Section 4827. At least fifteen days before the hold- sheriff shaii ing of any such general election, the sheriflf of each county i^3lfon''"o{'' shall give notice by proclamation throughout his county of election, the time and place of holding such election and the officers at that time to be chosen. One copy of the proclamation shall be posted at each place where elections are appointed 43 TIME AND NOTICE OF ELECTIONS. Chap. 2 to be held, and such proclamation shall also be inserted in a newspaper published in the county. (R. S. Sec. 2977.) Note : — The sheriff is not required to make proclamation of election for township and municipal officers. Atty. Gen. 9-25-1907. Notice of the submission of any question to be voted upon should be embodied in the proclamation. See Sec. 4840 G. C. Though the neglect of a Sheriff by proclamation, to give notice of an election may be competent evidence, in connection with other circumstances, to prove fraud, or conspiracy on the ground of which an election is contested, such neglect is not conclusive of the invalidity of an election. State ex rel. Attorney General v. Taylor, 15 0. S. 137. A proceeding in mandamus to compel the Sheriff to give no- tice and make proclamation to the qualified voters of a county to elect a judge of the court of common pleas therein is properly instituted upon the relation of an elector of such county. State V. Brown, 38 O. S. 344. As to the Sheriff's proclamation, see further Foster v. Scarff, 15 O. S. 5.32. Time of con- SECTION 4828. Biennially, on the first Tuesday after gressionai {Jie first Monday in November in the even-numbered years, the electors of each congressional district shall vote for a representative in the congress of the United States for the term commencing on the fourth day of March next there- after. (R. S. Sec. 2979.) Note: Section 4828-1 provides for the apportionment of con- gressional districts for Ohio under the thirteenth census of the United States (103 v. 568). Election of Sec. 4828-2. On the first Tuesday after the first tjnited States Mouday in November, 1914, and every sixth year there- by"ti'e"eiec- after, and on the first Tuesday after the first Monday in s?Me.°Vofice November, 1916, and every sixth year thereafter, the elect- of eiectio.i. ors of the state shall vote for a member of the senate of the United States, each for the term commencing on the 4th day of March next succeeding his election. Notice of such elections shall be given by the proper sheriflfs of the several counties of the state at the same time and in the same man- ner as is provided for in section 4827 for the election of state officers. (104 V. 8.) Vacancy in Sec. 4828-3. When by death, rcsignatioti or Otherwise, ^n''^the''"u*''s" ^ vacancy occurs in the representation of this state in the senate, how' senate of the United States, the same shall be filled forth- eiecfion.^""'^' with by appointment by the governor who shall have power to appoint to fill such vacancy some suitable person having the necessary qualifications for senator, which appointee shall hold office until the fifteenth day of December next succeeding the next election of state officers which occurs more than one hundred and eighty days after such vacancy happens. At such next election of state officers a special election to fill such vacancy in the office of United States senator shall be held, which special election shall be gov- erned in all respects by the laws of this state controlling regular elections for such office. Candidates to be voted for Chap. 2 TIME ANU NOTICE OF ELECTIONS. 45 at such special election shall be nominated in the same man- ner as is provided for the nomination of candidates at regular elections. At least one hundred and eighty days wvit issued prior to the date of such election of state officers the gov- '.'I'-r^'ti'ng"'"' ernor shall issue a writ, directing that a special election be ^^s'cciax ciec- held to lill such vacancy as herein provided. Such writ sut'e super- shall be directed to the state supervisor of elections and a ';i|°t''ions. copy thereof sent by mail to the sheriff of each county in the J|j"."y„'° state who shall give notice of the time and place of holding such special election in the same manner and at the same time provided in section 4827 for giving similar notice for regular elections. (104 v. 8.) Section 4829. When a vacancy in the office of rep- vacancy in resentative to congress or senator or representative to the g^"ni°an"?' general assembly occurs, the governor, upon satisfactory member ot ■ r ■ , r , 1, ■ •. > 1 , • !• i- general as- information thereof, shall issue a writ of election, directing sembiy. that a special election be held to fill such vacancy iii the territory entitled to fill it on a day specified in the writ. Such writ shall be directed to the sheriff or sheriffs within such territory who shall give notice of the time and places of holding such election as in other cases. Such election shall be held and conducted and returns thereof made as in case of a regular election. (R. S. Sec. 2988.) .Section 4830. For services performed under this title Fees of the sheriff shall receive tlie following fees : From the county sheriff, treasury to be credited to his fee fund: For advertising the election, twenty-five cents for each election precinct but not less than fifty cents for each township in the county. Mileage at the rate of eight cents a mile for the distance actually traveled. (102 v. 287.) ELECTIONS IN ODD NUMBERED YE.^RS. Section 4831. Township officers and justices of the Township peace shall be chosen by the electors of each township on f^stfces l"^ the first Tuesday after the first Monday in November in the peace. the odd numbered years. (R. S. Sec. 1442.) Note : — The electors of an incorporated village located within a township, are entitled to participate in the election of town- ship officers, and such officers may or may not be residents of the municipality. Attv. Gen. 12-30-1909. See also Halsev et al. V. Ward. 17 O. S. 543.' Section 4832. At least twenty days before the reg- Notice of ular election for township officers, the township trustees ^j™"i^g'}jp shall issue their warrant to a constable of the township, directing him to notify the electors of the township to assemble at the time and place appointed for the regular election. The warrant shall enumerate the officers to be chosen at the election. On application of two or more freeholders of the township for that purpose, the trustees shall insert in the warrant such other question, if any, as may be proposed to be submitted at such election. (R. S. Sec. 1445.) Note : — An election will not be declared void because the notice required by statute was not given for the full length of TIME AND NOTICE OF ELECTIONS. Chap. Election o municipal officers. Mayor shall mation of election. Election of members of the hoard of education. time specified, when it appears that the great body of electors had actual notice of and participated in the election. Harpster v. Brower, et al., 5 C. C. 395. See Sec. 4840 G. C. Section 4833. The constable who receives such war- rant shall notify the electors of the township by posting copies of the warrant in at least three public places in the township at least ten days before the meeting of the elec- tors. If the office of one or more of the trustees is vacant, the township clerk, together with the trustee or trustees in office, shall issue such warrant. (R. S. Sec. 1446.) Section 4834. In townships which have been divided, the trustees shall give fifteen days' notice of the time and place of holding elections in the precincts of such townships by posting written or printed notices in such number of places as to them seem proper for the general information of the electors of the several precincts. (R. S. Sec. 1392.) Section 4835. The judges of the superior court of Cincinnati shall be elected by the electors of the city of Cincinnati on the first Tuesday after the first Monday of November of each odd-numbered year preceding that in which the term of any such judge expires. (R. S. Sec. 483.) Section 4836. All elective municipal officers and judges and clerks of police courts and assessors in munici- palities shall be chosen on the first Tuesday after the first Monday in November in the odd-numbered years. (98 V. 172 § 222.) Section 4837. Previous to any election for municipal officers, the mayor shall issue a proclamation to the electors of the corporation or of the respective wards or districts thereof, as the case may require, setting forth the time and places of election and the officers to be chosen, and cause such proclamation to be published in a newspaper printed in the corporation at least ten days previous to the election. If no such newspaper is published in the corporation, such notice may be given by posters. (R. S. Sec. 1726.) Note: — See Sec. 4840 G. C. Section 4838. All elections for members of boards of educatioii shall be held on the first Tuesday after the first Monday in November in the odd-numbered years. (97 V. 40 § 2.) Section 4839. The clerk of each board of education shall publish a notice of all school elections in a newspaper of general circulation in the district or post written or printed notices thereof in five public places in the district at least ten days before the holding of such election. Such notices shall specify the time and place of the election, the number of members of the board of education to be elected, and the term for which they are to be elected, or the nature of the question to be voted upon. (97 v. 354 § 2.) Chap. 2 TlMi; AND NOTICE OF lilLECTIONS. 47 PROVISIONS APPLICABLE EACH YEAR. Section 4840. Unless a statute providing for the sub- submission of mission of a question to the voters of a county, township, s"ec^a?"cie<^"' city or village provides for the calling of a special election tion not pro- for that purpose, no special election shall be so called. ""^'^ '"'' The question so to be voted upon shall be submitted at a regular election in such county, township, city or village, and notice that such question is to be voted upon shall be embodied in the proclamation for such election. (90 v. 130 § 2.) Note: — Where a question is submitted to the voters of a township or other subdivision, such as the question of the issue of a tax levy, such question should be printed upon a separate ballot and deposited in a separate ballot box presided over by the regular judges and clerks of election. See Sec. 5020 G. C. Where an act providing for the submission of the question of issuing bonds for a county soldiers' and sailors' memorial to a vote of the electors of the county, makes no provision for a special election and no provision as to the manner of submitting such question, but merely directs that it be submitted to the "popular vote at the next regidar county election," the submission of such question at the next general state and county election is not a separate election, but is the submission of a question at the general election as provided by Sees. 2996-2 and 2966-32 Rev. Stat., and the deputy state supervisors of elections are not entitled to any additional compensation for so submitting such question. State ex rel. v. Jones, 14 O. D. 109. A special election may be held upon the date of a primary election and by the same judges and clerks. Section 4841. Three days previous to and on the Proclamation day of any election, the mayor shall issue a proclamation p ♦» ^aie of to the public, setting forth therein the substance of the e'leaion "day. enactment to prohibit the sale of intoxicating liquors upon that day, and he shall take proper measures for the en- forcement of such enactiTients. (R. S. Sec. 1838.) Note: — On any day on which an election is held under the general election laws saloons must be closed within the district or political subdivision for which such election is held. Atty. Gen. 12-7-1908. The mayor should publish his proclamation respecting the closing of saloons on the day of holding the primary election. Atty. Gen. 8-31-1909. CHAPTER 3. ELECTION PRECINCTS. Section 1812. Township precincts. 4843. Municipal precincts. 4844. Where elections for precincts held. 4845. Precincts with four hundred votes or more may be divided. 4846. When township precinct with less num- ber of votes may be divided. 4847. Precincts may be rearranged or com- 4848. Exceptions. 4849. Hearmg in case of division or change of precincts. 4850. What preceding section shall not affect. 4851. Precincts in registration cities. 4862. BaI^et boxes and custody thereof. PRECINCT OFFICERS. 4853. Appointment of judges and clerks: pre- siding judge. 4864. Terms of judges and clerks; vacancies. 4855. Oath of judges and clerks. 4856. What officers may administer oaths to judges and clerks. 4857. Appointments for unexpired terms. 4858. Judges and clerks may be removed. 4859. General duties of judges and clerks. Township Section 4842. Each township, exchisive of the terri- precincts. tory embraced within the Hmits of a municipal corporation, shall compose an election precinct, unless such township is divided according to law into precincts. (R. S. Sec. 2923.) Municipal SECTION 4843. Each municipal corporation, contain- precincts. [ng fifty Or more voters, shall compose an election precinct, unless such corporation is divided according to law into precincts. If a municipal corporation is situated in two or more townships or counties, the territory of such corpora- tion situated in each township or county, together with such territory as may be attached thereto for voting pur- poses, shall constitute at least one election precinct, if there are fifty or more voters therein. Territory annexed to a village for school purposes may be included within a village precinct, if the deputy state supervisors are of the opinion it is practicable and most convenient to the voters. Each ward of a city shall compose one election precinct, unless it is divided according to law into precincts. (R. S. Sec. 2923, 2966-15.) Where eiec- SECTION 4844. Elections shall be held for each town- tions for pre- ship precinct at such place within the township as the trus- cincts held. jggg thereof shall determine to be most convenient of access for the voters of the precinct. Elections shall be held for each municipal or ward precinct at such place as the council of the corporation shall designate. In registration cities, the deputy state supervisors shall designate the places of holding elections in each precinct. (R. S. Sec. 2923.) Precincts with SECTION 4845. When four hundred votes or more four' hundred havc bccn cast at the last preceding November election in maTbe'dT-"'* a municipality where registration is not required or in any »'<'estrars. each precinct in such city shall apply for such lists and such registers and the map of their precinct, and_ such printed instruction for the discharge of their duties as the board of deputy state supervisors may lawfully pre- scribe. (R. S. Sec. 2926g.) Section 4894. The days for the general registration Registration of electors in cities wherein annual general registration is ^^^^ specified, required and for the quadrennial general registration and yearly registration of new electors in cities where general registration is required only in presidential years, shall be Thursday in the fifth week, Thursday in the fourth week and Friday and Saturday in the third week next before the dav of the general election in November in each vear. (R. S. Sec. 2926h.) Section 4895. Between the first day of September and when clerk the day preceding the first of the days prescribed for the ^^^jtlJ-n" general registration, and no longer, the clerk of the board officer, of deputy state supervisors shall act as registering officer in the cases only described in the following two sections. (R. S. Sec. 2926h.) Section 4896. Any person resident of such city who ^^^^I^J° will be lawfully entitled to vote therein at the next succeed- ""dabie"' ing November election may go before such clerk at the absence, office of the board, and, on making and subscribing an oath before him that he will necessarily and unavoidably be absent from such city on all the days appointed or allowed by law for the general registration of electors by the registrars' of the precinct in which he resides, specifying them, and more than fifty miles distant therefrom, the clerk, if satisfied, shall thereupon file such affidavit and make registration of such person in the registers of such precinct, on compliance of such applicant with the require- ments of law for general registration and his signature to the statement prescribed, and no further registry of such applicant shall be necessary. (R. S. Sec. 2026h.1 Chap. 5 REGISTRATION OF ELECTORS. 63 each election precinct in such city for the registration of electors therein, which shall be styled and known as "regis- ters of electors". (R. S. Sec. 2g26g.) Section 4892. Each such register of electors shall Form of reg- contain space and ruled lines for at least seven hundred j^'^^. °* *'"' names, and be arranged and ruled in parallel columns with printed heading in the following order: Number (consecu- tively), full name, age, present place of residence, place of residence at last registration, occupation, term of residence, nativity, when naturalized, court, married or single, per- sonal description, date of registration, sworn, signature, re- marks. The rulings and headings of each page of the reg- ister shall be according to the following diagram enlarged. (102 V. 181.) Section 4893. On Wednesday in the fifth week be- Duties of fore the November election, each year, the registrars of "8>="'»"- each precinct in such city shall apply for such lists and such registers and the map of their precinct, and such printed instruction for the discharge of their duties as the board of deputy state supervisors may lawfully pre- scribe. (R. S. Sec. 2926g.) Section 4894. The days for the general registration Registration of electors in cities wherein annual general registration is "^^>'' specified, required and for the quadrennial general registration and yearly registration of new electors in cities where general registration is required only in presidential years, shall be Thursday in the fifth week, Thursday in the fourth week and Friday and Saturday in the third week next before the day of the general election in November in each year. (R. S. Sec. 2926h.) Section 4895. Between the first day of September and when clerk of deputy state supei-visors shall act as registering officer in the cases onlv described in the following two sections. (R. S. Sec. 2926h.) Section 4896. Any person resident of such city who Affidavit in will be lawfully entitled to vote therein at the ne.xt succeed- Voidable"' ing November election may go before such clerk at the »''""<:«• office of the board, and, on making and subscribing an oath before him that he will necessarily and unavoidably be absent from such citv on all the days appointed or allowed by law for the general registration of electors by the registrars of the precinct in which he resides, specifying them, and more than fifty miles distant therefrom, the clerk, if satisfied, shall thereupon file such affidavit and make registration of such person in the registers of such precinct, on compliance of such applicant with the require- ments of law for general registration and his signature to the statement prescribed, and no further registry of such applicant shall be necessarv. (R. S. Sec. 2926h.) 64 RKGISTRATION OF ELKCTORS. Chap. 5 Affidavit foreign country. "challenged" affidavit. Section 4897. An elector of such city who is absent tlierefrom and without the county in which it is situated and more than fifty miles distant from such city, may appear before a judge or clerk of any court of record or notary public or, if in a foreign country, before any min- ister, consul, or vice consul of the United States, and make and subscribe an affidavit as to his residence, speci- fying in what ward and precinct he resides and that he will be necessarily and unavoidably absent from such city on all the days allowed or appointed by law for the general registration of electors in such precinct, and answering and setting forth accurately each and all matters herein required to be set forth in the register of electors, and forward such affidavit duly authenticated by mail, under an envelope addressed to the "Clerk of the board of deputy state supervisors" of such city. If received by such clerk between the days so appointed for his acting as such regis- trar, it shall entitle such applicant to be entered by the clerk in the proper register of such precinct. In place of the signature of such elector, the word "affidavit" shall be inserted, and no further registry of such applicant shall be necessary. Such affidavit and envelope shall be filed and preserved in the office of the board. No such affidavit shall be allowed by the clerk unless the officer before whom it is made shall certify that the affiant is personally known to him to be the person he represents himself to be or proven so to be by a credible person known to him whose name and full address must be stated in such certificate. (R. S. Sec. 2926h.) Section 4898. Any such affidavit of an absent elector, received by the clerk, on or after the first day herein ap- pointed for general registration by the registrars, shall be transmitted by him immediately to the registrars of the proper precinct, and they may register the applicant as herein directed and shall preserve such affidavit. When application for registration is thus made by affidavits for- warded by mail, if the clerk or registrars, as the case may be, are not satisfied that such applicant is a resident of the precinct so specified, or that he will be entitled to vote on the day of the next election, the word "challenged" shall be entered in the registry opposite his name and in the column for "remarks", and such affidavit and envelope shall be transmitted to the judges of election. If hQ ap- pears, such applicant shall be required to establish his residence and qualification before voting. (R. S. Sec. 2925h.) Section 4899. On the day preceding the first of the days herein appointed for the general registration, the clerk of the board of deputy state supervisors shall close such registration in each register in wliich he has so entered any registration of electors, by drawing double lines across the page with ink immediately below the last name reg- istered by him, and add the words, "Close of registration Chap. 5 KKGISTKAIION OF ELICCTOKS. 65 by the clerk," and shall thereunto subscribe his name and office. (,R. S. Sec. 2926h.) Section 4900. In cities in which a general registration ucRisnaii...! of electors is required at presidential elections only, at all ".[^s"!" quad- other state or other public elections, those electors who have r^'',';:;;?],,"''^*^' been duly registered at such general registration and have ntics.'"" not removed from the precinct in which they then regis- tered at such general registration in such city shall not be required to register. But at such state or other public elec- liuns, at the times hereinbefore provided for registration tlays, only those electors of such city shall be required to register as may be new electors or who have moved into a precinct of such city since a general registration and have not been registered therein, except that at such public election, other than presidential and state, such registration shall take place on Friday and Saturday in the third week before any such election.' If an elector removes from the l)recinct in which he has so registered into another precinct of the city in which he resides, he shall apply in person to the registrars of the precinct in which he has so regis- tered for a "removal certificate," as herein provided in other cases. (R. S. Sec. 2926h.) Section 4901. Within a sufficient time previous to nuiies of such state or other public election, the registrars of each "-R'strars. l)recinct in such city shall obtain the preceding register made by them from the board of deputy state supervisors, and attend at the place in such precinct appointed for the regis- tration of electors at the time hereinbefore provided, and receive api)lications for registration by such qualified elec- tors residing therein as are not already registered at the last preceding general registration. Such registrars shall take all such ]ireceding registers of their respective pre- cincts, so required to be furnished them, as hereinbefore provided, make a thorough canvass thereof for the pur- pose of ascertaining whether any of the electors so regis- tered have removed or died and make a report of their proceedings carefully noting any and all changes found, together with such additional names of the electors regis- tered by them to the board of deputy state supervisors. (R. S. Sec. 2926h.) Section 4902. In each county containing an annual i.„arci ,,/ general registration city, the board of deputy state super- ^f^'na"'^,","^^,! visors shall act as a board of registration of naturalized voters, voters in such city. It shall receive and record any cer- tificate of naturalization oft'ered to it by a naturalized citizen in person who is then an elector of such city and requests that such certificate be put on record by tht board, and states under oath or affirmation his age, his place or places of residence during the five years preceding such statement and the length of time he has resided in each such place. Thereupon the board, by its clerk or deputy clerk, shall place such certificate of naturalization on rec- ord together with a record of the statements of the appii- 66 REGISTRATION 01" ELECTORS. Chap. 5 ■■hall be made. cant, and they shall be matters of public record. Such registration of certificate of naturalization may be made on any day and at any time during which the office of the board is open for the transaction of ordinary business, except, on election days and days for the general registra- tion of electors. (R. S. Sec. 2926h.) Section 4903. On each of the days appointed for the general registration of electors, the registrars of electors shall meet at the place in each precinct provided by the board of deputy state supervisors for that purpose, and there remain in session from the hour of eight o'clock forenoon until the hour of two o'clock afternoon, and from four o'clock afternoon until nine o'clock afternoon of each day of the days so appointed for the purpose of registering the electors lawfully resident in such precinct. No person shall be registered as an elector of such city at any time or place other than those designated in this chap- ter. In making registration, each applicant shall answer the inquiries made by the registrars. (R. S. Sec. 29261.) Section 4904. Having openly and publicly met at the place and time herein appointed, the registrars shall receive the applications for registration of all such persons resident in such i)recinct as then are or on the day of election which will next follow such application will be, entitled to vote therein and who shall personally come Lefore them, and such only. The registrars may, and, if the right of the applicant to be registered is challenged by any elector, shall administer the following oath : "You do solemnly swear that you will truly and fully answer all such questions as may be put to you, touching your place of residence, name, age, place of birth, qualifications as an elector and your right as such to be registered and vote under the laws of this state." (R. S. Sec. 2926!.) Section 4905. The registrars shall then examine each applicant as to his residence and qualifications as an elector, and, if not satisfied, or if any electors so demand, they' shall enter the word "challenged" under the column for "remarks." Unless otherwise herein directed, they shall then in the presence of the applicant enter in the registers his answers to their questions, pertinent to the heading of each column, in their order. (R. S. Sec. 29261.) Section 4906. In entering his "number," such num- ber shall be filled up consecutively, leaving no blank. In "name" they shall include his Christian name or names in full, as well as his surname. In the column as to present place of residence, shall be stated the name of the street, avenue, alley or way in which his dwelling is located or access thereto is usually had, and the number of the house, if it has one. If it has no number, a definite descriptioti by which it can easily be found must in every case be given and entered. If there are more houses than the one under the number so given, or if there are other families, tenants iM" lodgers in that in which the applicant resides, he must Chap. 5 Kii:GiSTRATioN or electors. arl\' or Chap. 5 REGISTRATION OF ELECTORS. authorized committee of each set of candidates nominated by petition. Each hst printed shall inckide all the names registered. A copy of the com[)lcte registration prior to a Noveni- ( „|,ics of car ber election from each precinct shall be retained by the {',lj,'|f„„'''^^'' board of deputy state supervisors, and each year, after the close of the annual registration, bound together in a volume and preserved in its office. They shall cause at least fifty additional copies of such list respectively to be printed in pamphlet form for immediate distribution. (103 v. 519.) Section 4918. After making and returning such lists i)ui,iitaic to the board of deputy state supervisors, the registrars shall fis?s*'fo,''"','sc make in books, to be prepared and furnished them by the at poiis. board, duplicate lists of all the registered electors in their precinct, arranged alphabetically in the order of their sur- names, followed by their full Christian names, ages and resi- dences, as registered, and the registry number of each pre- fi.xed. The books to be prepared for this purpose shall be ruled in columns with printed headings as follows : "Reg- istry number , name , age , residence voted , remarks " These lists shall be care- fully compared by the registrars of each precinct with the registers thereof and with each other, and then certified by them in the form prescribed for the lists returned to the board of deputy state supervisors, and at the opening of the polls at the next succeeding election shall be there produced by them for the use of the judges, as herein provided. (R. S. Sec. 2926I.) Section 4919. On Monday, the day preceding the Meeting for November election in each year, the registrars of each f^cJiy-^fg " election precinct shall meet at two-thirty o'clock afternoon certificates. at the polling place appointed for holding elections therein, and there remain in session until five thirty o'clock after- noon, central standard time. At this meeting, they shall receive and act upon any application for either granting or receiving certificates of removal or correction of mis- takes, as herein provided for. If material error or mistake in the description of any elector in such precinct has been discovered, he may appear at this meeting and on good cause shown, the registrars may then correct it. Any change in the registers allowed by the registrars at such meeting must immediately be noted by them in the registers and also in the books containing the duplicate lists for the use of the judges, as herein provided, and. if not then and there so noted, shall be wholly null and disregarded by the judges of election. (R. .'^. .Sec. 2926m.) Note: — Where an elector has rcsistercd more than once in the same precinct, the registrars of such precinct should make cor- rection to show but one registration. 72 REGISTRATION OF ELECTORS. Chap. 5 Registration SECTION 4920. At sucli meeting and subject to the by "[^'^"^,^"4 ^^'"^ conditions, any qiiahfied elector of such precinct may superviso/s'*^ be registered who shall appear and present an order re- quiring it, signed by not less than three members of the board of deputy state supervisors. No such order shall be made or considered by the board, except in a session of the board, to be held in its office on Saturday and Monday preceding the November election in each year, and during such hours as may be prescribed by the board therefor, nor unless the applicant shall appear before the board per- sonally at such session after the last day of general regis- tration and proves to its satisfaction that he could not by due diligence have appeared before the registrars in his proper precinct on either of the days appointed herein, and shall furthermore comply with all the prescribed require- ments for general registration. (R. S. Sec. 2926m.) Meeting on SECTION 492 1. On Monday, the day preceding the rrei«tio''n"'"^ November election in each year, the registrars, as judges of election and the other two judges of election in each pre- cinct shall meet at the polling place appointed for holding the election therein at seven o'clock afternoon, punctually, and then and there organize as a board by electing_ one of their number by ballot as chairman. If they fail so to elect a chairman within ten minutes, they shall imme- diately choose a chairman by drawing lots. At this meet- ing, they shall make all necessary arrangements for secur- ing the ballot bo.xes and the proper accommodations for themselves and the clerks of elections in receiving and counting ballots at the ensuing election, and also, if requested for the witnesses and challengers designated by each polit- ical party, as provided in the next section. (R. S. Sec. 2926n.) Note:— In selecting a chairman on the Monday evening pre- ceding the November election, the choice must be by ballot or by lot. The rule as to "dominant party" does not apply. Witness and SECTION 4922. At each election, the executive or prin- ma^"^"e^"d- cipal committec of each political party presenting one or mitted to more candidates for suffrage may, by writing, certified by polling place, jj,^ chairman and secretary, and presented to the judges of election at or before this meeting, designate not more than one elector of such city as witness and one other elector as challenger, to attend at such election in behalf of such party. The judges of election in each ward or elect'on precinct shall admit such witnesses and challengers so accredited into the polling room with themselves and the clerks at the ensuing election and place them so near to themselves and the clerks that they can fully and conveniently watch every proceeding of the judges and clerks from the time of opening to closing of the polls. No other person, except the witnesses and the judges and clerks of the election shall be admitted to the polling place after the closing of llic ]H.11> until the ciMiiiling, certifying and signing of the Cliap. 5 Ri-.aisTUATioN oi- Kr.KcnoRS. 7 fmal returns of such election have been coni|)leted. (R. S. Sec. 2926n.) Note: — See note to Sec. 4807, as to "Executive Committee.' See also Oliver v. Bodic, .3 N. P. 2f)8. Section 4923. Before opening the polls, the ballot inspection nf boxes shall be opened, if requested by a witness, so that ''•''"'" '"""'''■ the inside and the locks and keys may be inspected by them. No ballot box, nor atiy ballot when taken from it for count- ing, shall be removed or screened from the constant sight of such witnesses until the counting has been closed and the certificate of the final returns completed and signed by the judges. The challengers so designated shall be so placed that they can fully see and meet each and every per- son oiTering a ballot to the judges or either of them. (R. S. Sec. 2926n.) Section 4924. At the meeting on the evening of the challenge of day preceding an election, any elector may appear and j',"''re"is1er""' challenge the vote of any person named in the register of such precinct, and the word "challenged" shall immediately be entered by the judges opposite the name of such person on both of the duplicate lists of electors, and, if he shall offer to vote at such election, the judges, upon such chal- lenge, shall examine him under oath as to his qualifications as an elector in such precinct. (R. S. Sec. 2q26n.) Section 4925. On the day of the November election opening and in each year and of any other election, the polls shall be f°^s''^ °^ opened by the judges of elections appointed and organized, as herein provided, by proclamation made by the chair- man at the hour of five-thirty o'clock forenoon, standard time, and shall be closed by proclamation at the hour of five-thirty o'clock afternoon. (R. S. Sec. 29260.) Note: — When the said section is construed with other legis- lation in (>ari materia, it does not appear that it denies or abridges the right of citizens to vote. The said section is intended to, and does facilitate rather than impede the exercise of the right of suffrage and it is reasonable, uniform and impartial. Section 2926o, Revised Statutes, is a law of a general nature and operates uniformly throughout the state. Gentscli et al. v. State Ex. rel. McGarry et al. 71 O. S. 151. Section 4926. At the hour of opening the polls, the uuiies of registrars acting as judges shall punctually attend and pro- !,Jfj',fg"„''^!' duce at the polling places in the several precincts the judges, ' registers, affidavits of sick or absent electors and accom- ])anying papers and the duplicate certified lists of electors, prepared by them, as herein required. The chairman of the board .shall at once designate two members of the board of judges of different political parties, each to hold and to have charge of one of the duplicate lists. No ballot shall be deposited in the ballot box until the name of the elector ofl^ering it shall first have been stated by him and announced aloud by the judge holding the ballot nor until it .shall REGISTRATION OF lLECTORS. Chap. 5 ballot box ai^d checking Powers duties judges. Certificate and proclama- tion of have been found on both such lists and so announced by both of the judges holding the lists. (R. S. Sec. 29260.) Section 4927. Each ballot must be put in the ballot box by the judge who receives it from the elector. Such judge and the ballot box must always be so placed and the ballot be so held forth by the judge that it shall be in full view of the elector until it is actually put into the box. For a wilful violation or evasion of this rule by any such judge, he shall at once be expelled from his office by the other three judges, and the vacancy filled in the manner herein provided in other cases of vacancy. Immediately upon the depositing of the ballot in the box, each of such judges shall check off the name of such elector on the duplicate list held by him by placing a "V" distinctly with ink in the column under the word "Voted" and in the line with the elector's name. (R. S. Sec. 29260.) Section 4928. No judge or clerk of elections, wit- ness or challenger, admitted into the polling rooms at the election, at any time while the polls are open, shall have in his possession or distribute or give out any ballot or ticket to any person on any pretense during the counting or certifying of the votes, or have any ballot or ticket in his possession or control, except in the proper discharge of his duty in receiving, counting or canvassing the votes as required by law. This prohibition shall not extend to the lawful exercise by a judge or clerk of elections, wit- ness or challenger of his individual right to vote at such election. (R. S. Sec. 29260.) Section 4929. A registered elector, when offering to vote, may nevertheless be challenged by any elector as a non-resident or for any of the causes allowed by law, and he shall be sworn and the same proceedings thereupon had as in other cases. In all cases of challenge, the judges holding such duplicate lists shall note the word "sworn" opposite the name of the person challenged. (R. S. Sec. 29260.) Section 4930. Except as otherwise required herein, the judges of elections appointed as herein provided shall have the same powers and discharge all tlie duties con- ferred or required by the general laws of the state, regu- lating elections. Except when some authority or duty is herein allotted to one of such judges, no order or action on their part shall be valitl without the concurrence of three members of such board of judges in any precinct. (R. S. Sec. 29260.) Section 4931. Immediately upon the close of the polls at each election in such cities, the number of electors entered and shown on the poll books as having voted shall be first certified therein and signed by the board of judges and the clerks. Before any other or further proceedings, the chairman of the board shall make a proclamation in a loud voice in the street outside (if the polling room, Chap. 5 REGISTRATION OF ELECTORS. 75 stating the iiuniber of voters so shown and certified on the poll books. The number of electors who shall have been checked on each of the duplicate lists as having voted shall next be counted and compared each with the other, and with the number so shown in the poll books and the result shall at once be certified in the poll books and signed by the judges. In counting those who are checked, the word "No" shall at the same time be entered in ink in the same column opposite the name of each elector who is not so checked ofi'. In all cases of disagreement or doubt on any question during the election or counting, the judges may refer to the original registers, and they shall be con- clusive when relevant. (R. S. Sec. 2926P.) Section 4932. Without adjournment or delay, the coum of ballot box shall then be opened, and, without opening any of'i,'a„"f ballot or ascertaining its contents, the number of ballots destroyed, shall first be counted. If the number of ballots exceeds the number of names on the poll books, the ballots shall be replaced in the box and one of the judges, with his back to the box and without seeing it, shall draw out, without showing them, and destroy, a number of ballots equal to the excess. If during the counting of the ballots or at the conclusion of the counting, an excess of ballots is dis- covered, all the ballots shall be returned to the box and, after being thoroughly mingled, the excess shall in the manner above directed be drawn out and destroyed and the count corrected accordingly. In all cases wdien ballots have thus been draw^n out and destroyed, a minute of the number destroyed and the reason shall be made on the tally sheet. The count shall then commence and proceed without inter- ruption or delay, and in no case shall cease until it is com- pleted, proclaimed and the final result certified as herein required. (R. S. Sec. 2926P.) Note : — In the absence of any showing of fraudulent intent or that the result was changed thereby, an election is not vitiated by the fact that a ballot was voted upon which a number had been placed in some unknown manner, or because the judges re- counted the ballots, and changed their decisions as to one which had been in dispute. State ex rel. Johnson et al. v. Village of McClure. 5 O. N. P. (N. S.) 541. Section 4933. As soon as the ballots have been sumniary counted and tallied and the clerks have estimated the num- *",f,'J',"'^I,'sV "' ber tallied for each candidate, the chairman of the board shall make a second proclamation in the same manner as the first, stating the whole number of votes cast and the number counted and tallied for each candidate. This proclamation shall be prima facie proof of the result. The judges and clerks in each precinct shall at the same time make out and certify a summary statement of the number of votes cast therein and the number counted and tallied for each candidate as announced in the proclamation, and dispatch it without delay bv a special messenger in a sealed envelope, to the board of deputy state supervisors at its office. As soon as the result has been proclaimed, the 76 REGISTRATION OF ELECTORS. Chap. 5 fall'""he Session of election day. jisposition mil book.s a ally sheets. judges of election shall also announce it to the board of deputy state supervisors from the nearest police station or from the telegraph' or tck'iihone station, if nearest to them. .\t the request of a person designated to witness the counting of the ballots, the judges and clerks of elections shall also sign and deliver to him a certificate containing the same statements as required to be made to the board of deputy state supervisors. (R. S. Sec. 2926P.) . Section 4934. After completing the counting and enumerating of the ballots, and proclaiming and issuing the statement of the result, as hereinbefore directed, the number of votes for each person shall be set down in the tally sheets under the inspection of the judges and certified and signed by them in manner and form as prescribed by law. In all certificates the number of votes shall be fully written out in words and also stated in figures. (R. S. Sec. 2926P.) Section 4935. The board of deputy state supervisors shall convene in session at it? office at five-thirty o'clock forenoon on the day of each election in such cities, and remain in session continuously until such statements giving the result of the election are received from every precinct in such city. The board may employ messengers, use the telephone and telegraph, direct the police force of the city, and use any other lawful means to secure prompt and correct reports from the election judges. The pr>lice author- ities shall assign at least one policeman to do du:y in each precinct on each day of election. (R. S. Sec. 2926q ) Section 4936. In case an elector, through no mistake or negligence of his own, shall have been registered in the wrong precinct, the board of deputy state supervisors, during each election day, may issue to such elector a certifi- cate, showing such fact, and such certificate, when presented by such elector to the proper registrars and judges, shall entitle him to vote in his proper precinct. Such mistake shall be noted on the register. When any such certificate is issued, the board shall immediately notify the registrars and judges of elections of the precinct where such elector was so improperly registered of the issuing of the certifi- cate, whereupon such erroneous registry shall be cancelled hy tliem and a proper note thereof made in the column for "remarks". (R. S. Sec. 2926q.) Section 4937. After having set down the number of votes for each person, certified and signed it in the poll books and tally sheets in the manner prescribed by law. the judges of elections shall put under cover one of the poll books and tally sheets, seal it and direct it to the clerk of the court of common pleas. The other poll book and tally sheet shall be sealed in like manner and directed to the board of deputy state supervisors. Before separating, they shall designate two of their number as messengers, by lot. if they can not agree, one of whom shall personally and within Chap. 5 Ri-.c.isTUATioN OF la.r.cTous. twenty hours from tlie clos>^ of the polls deliver to the clerk of the court of common pleas the poll book and tally sheets so addressed to such clerk, and the other shall personally and within twenty hours deliver the other poll l)ook and tally sheet to the' board of dejiuty slate supervisors at its office. (103 V. 846.) Note: — No express provision is made for the preservation of these returns for anv definite time, but the clerk should retain such returns in a suitable place for a reasonable period after each election. It would be well for the clerk to retain them for at least one year. Section 493S. The chairman of the precinct lioard of Ketum of elections shall safely return the registers, the duplicate lists comnk-tLn'oi made therefrom, the ballot boxes and keys thereto and all "■<"•(=• papers or affidavits accompanying them to the board of deputy state supervisors or the clerk at the office of the board within twenty hours. The judges and clerks of elections shall not adjourn, disperse or cease from proceed- ing as hereinbefore required imtil all such requirement? have been actually executed and comjileted in the manner and form prescribed by law. (R. S. Sec. 2926r.) Section 4939. On demand of any candidate, the board Discrepancy of deputy state supervisors shall compare the returns re- ^^I'^^l^^l, Jf^r; ceived by the county clerk from the precincts in such city and those re with the certified statement sent by the judges of election Coa7d. ^ to the board of deputy state supervisors. If found to dis- agree, the number certified in the statement last mentioned shall be taken as correct and counted, unless proof of their returns received by the county clerk, satisfactory to the board, shall be made by the judges, clerks and witnesses of the counting. For the purpose of adjusting such dis- crepancy and deternv'ning the true result of the_ election, such board shall summon witnesses and examine them under oath as to the proceedings and proclamations at such election in any precinct, and it may view and consider as part of the record the poll books and tally sheets, regis- ters and duplicate lists made therefrom, and deposited, as herein provided. Such inquiry shall be limited exclusively to determining which shall be adopted as proof of the true vote at the close of the polls in a precinct: the returns as received by the county clerk, or the certified statement as received by the board of deputy state supervisors. (R. S. Sec. 2926s.) Section 4940. The provisions of this chapter relating Registration to registrat'on shall apply to women upon whom the right °f «onien. to vote for member of the board of education is conferred by law, but the names of such women may be placed on a separate list. (97 v. 254 § 3.) Note:— As to constitutionality of act conferring upoii women the right to vote and be voted "for at any school election, etc.. see State ex rel. v. Board of Elections, 9 C. C. 134, affirmed in 54 O. S. 6.31. REGISTRATION OF ELECTORS. Cliap. 5 SPECIAL ELECTIONS. Section 4941. The provisions of the preceding sec- tions of this chapter shall extend to any special election authorized by law to be held in a registration city, as follows: 1. There shall be no general registration, as provided in such preceding sections, but on Friday and Saturday in the second week before any such special election, the regis- trars of each precinct shall obtain the last registers made by them from the board of deputy state supervisors, and attend at the place in such precinct appointed for the regis- tration of electors, between the hours directed for the purpose, and receive applications for registration by such qualified electors residing therein as are not already regis- tered. If qualified, they shall enter them in the registers, subject to the rules and conditions prescribed as to general registration. 2. The registrars shall deliver certificates of can- cellation to any registered elector who is not the head of a family and who may apply to them to cancel his registration on account of his removal from the precinct in which he was registered to another precinct, and they shall receive such certificate from any elector presenting it, and allow him to register, if he be otherwise qualified, in the precinct to which he has removed, if on the day of election he will have been an actual resident in such ward for twenty days imme- diately preceding such election. 3. The registrars shall receive afifidavits of sick and disabled electors, as required in such preceding sections, and on such days and at their meeting on the evening preceding such election, which shall be held between the hours of five and seven o'clock afternoon, they shall also perform the same duties prescribed in such sections. 4. During the week previous to such election, the board of deputy state supervisors may issue orders for registration, which orders, if presented at the meeting for organization, held the evening before such election, shall be received by the registrars and be disposed of as required in such preceding sections. 5. Any additions or changes then entered by them in their registers shall also be made in the duplicate list of voters, which, after being carefully compared with the registers and with each other, shall be produced by them, together with the registers of such precincts at the opening of the polls on the day of election, and then used, applied and disposed of by the judges in all respects as directed in such preceding sections. 6. At seven o'clock afternoon, preceding any such special election, the registrars for each precinct and the other two judges of election shall meet at the polling place therein appointed for such election, and then and there shall organize as a board of judges and perform the other duties Cliap. 5 Ria.iiiKATioN UK i-.i.i:l]i)KS. 7< prescribed in such preceding sections and in the manner therein (Hreeted. 7. The poll book required by such preceding sections i'„ii i,ooks; to be delivered by the judges of election to the clerk of the !;°3' deil-erefi'' court of coniinon pleas shall be addressed and delivered by them to the auditor of such city. 8. The board of canvassers of elections in each such Duties uf city shall be composed of the board of deputy state super- canvassers visors and the city auditor of such city. Within four days after such special election, the "board of canvassers" shall meet at the office of the board of deputy state supervisors in such city at ten o'clock forenoon at the call of the chief deputy state supervisor and organize by electing a chair- man and secretary. The returns received by the city audi- tor shall then be produced by him and opened and can- vassed by the board of canvassers, as prescribed in such preceding sections, and by law. 9. If the board of deputy state supervisors is of r.nai.] i.ki- the opinion that it is unnecessary to require the registrars of |"asoiia!;":' each precinct to attend in each precinct for the registration 'f^,^"'^^.'";^.'"^ of voters for a special election, such board may make such ti'on. "^^'^ '^ other reasonable provisions for transfers and the registra- tion of voters at such election as it deems proper. 10. When a new ward has been created, or the boun- fj^^ „ ai- daries of any ward or the precincts thereof have been 'ered wants changed after the general registration and before any such ""^ p''^':""^"- special election following, the board of deputy state super- visors shall appoint election officers, rearrange the voting precincts, provide for registration of electors not already registered, make new registers, certify the registration of registered electors whose voting precinct has been changed, and make all necessary arrangements and regulations for holding elections in such new or altered wards and precincts. The right of any registered elector to vote shall not be prejudiced by any error in making out the certified lists of registered voters. (R. S. Sec. 2926V.) Note: — For a special election, such as a bond issue, an op- portunity should be given all persons to register, but it is not necessary to open all the booths or to call out all registration officers, and public notice should be given when everybody should be given an opportunity to register or transfer. The action of the board of elections as to the registration of voters in cities where the number and boundaries of the wards are changed under the new municipal code, is controlled by Sec. 2926v-5, Rev. Stat., which provides that whenever any new ward has been created or the boundaries of any ward changed after the general registration and before the April election following, the board of elections shall provide for the registration of electors not already registered, make new registers, and certify the regis- tration of electors whose voting precinct has been changed, and the board of election of a city in such case must follow the course prescribed in said section, and is without authority to hold a gen- eral registration prior to the April election, and the expenditure of public funds for such a purpose is a misapplication of the funds of the corporation within the meaning of Sec. 1777 Revised Statutes, and will be enjoined. Columbus V. City Board of Elections, 13 O. D. 452. 8o UEGisTkATioN 01' la.i.cTuKS. Chap. 3 The Braniiock Law is not rendered invalid by reason of the possibility that certain persons may be disfranchised at an election thereunder by reason of the construction which may be given to Sec. 2'.:)2iiv of the election law. Courts will presume that the true construction of the statute will be adopted and the elections so conducted as to give every elector an opportunity to register and vote. Jeffrey, Mayor, v. State Ex rel. Butler, 4 C. C. (N. S.) 494. An elector who registers, prior to the November election in the precinct where he then resides is a registered elector in any new or altered precinct which the board of elections may establish, and within the boundaries of which his residence falls. Columbus V. City Board of Elections, 13 O. D. 452. Where a special election is held under the Brannock law within a registration city, only the registrars of the precincts within the local option district should attend for the special registration under this section. The board of deputy supervisors should make arrangements and give proper notice to the electors of other pre- cincts so that the board may issue transfers to persons who have removed from precincts outside the resident district to precincts within the resident district. It is not necessary for the registrars to attend to all of the precincts of the city. Under paragraph 5 of this section, the board has authority, where the boundaries of any precinct have been changed after the general registration, to provide for the registration of electors not already registered and make new registers and certify the registration of registered electors whose voting precinct has been changed, and make all necessary arrangements and regulations for holding elections in such new or altered wards and precincts. Where a special election is held in a registration city, the registrations provided for in this section should be provided by the board of deputy state supervisors. Where a special election is held in a registration city for the purpose of submitting the question of the issue of bonds to a vote of the people, special registration must be conducted as pro- vided in this section of the registration law. REGISTR.VTION EXPENSES. Compensation SECTION 4942. In addition to the compensation pro- su wrvUcTrs^'^'^ vidcd io section forty-eight hundred and twenty-two, each and clerks deputy State supervisor of elections in counties containing '". "^'^^' cities in which registration is required shall receive for his services the sum of five dollars for each election precinct in such city, and the clerk in such counties, in addition to his compensation so provided, shall receive for his services the sum of si.K dollars for each election precinct in such cities. The compensation so allowed such officers during any year shall he determined by the number of jirecincts in such city at the November election of the next i)receding year. The compensation paid to each such deputy state supervisor under this section shall in no case be less than one hundred dollars each year and the compensation paid to the clerk inider this section shall in no case be less than one hundred twenty-five dollars each year. The additional compensation provided by this section shall be paid monthly from the city treasury on warrants drawn by the city auditor upon vouchers signed bv the chief deputy and clerk of the board. (R. S. Sec. 2926t.') Cliap. 5 REGISTRATION OK ELKCTORS. Section 4943. In such counties containing registra- M,,si„„,iii lion cities, the whole amount of annual compensation paid ;,',"",1".',"';;',"" lo each depvity state supervisor and clerk under the pre- ^'j-^';, „ "';,';^|' ceding section and under section forty-eight hundred and d'^ui;. '"" twenty-two, shall not exceed in any year the following: In counties containing cities having a population of three hundred thousand or more, as ascertained in the manner hereinbefore provided, each deputy state supervisor, eighteen himdred dollars and the clerk twenty-five hundred dollars ; In counties containing cities having a population of seventy-five thousand and less than three hundred thousand, each deputy state supervisor, fifteen hundred dollars and the clerk, two thousand dollars ; In counties containing cities having a population of fifty thousand and less than seventy-five thousand, each deputy state supervisor, seven hundred fifty dollars and the clerk, nine hundred dollars; In counties containing cities having a population of twenty-five thousand and less than fifty thousand, each deputy state supervisor, six hundred fifty dollars, and the clerk, eight hundred fifty dollars; In all other counties containing such registration cities, each deputy state supervisor, three hundred dollars, and the clerk four hundred dollars. (R. S. Sec. 29261.) Section 4944. The registrars of each election precinct Compensati in such cities shall be allowed and paid for their services as and "ferks. registrars four dollars per day and no more for not more than six days at any one election. In registration cities having a population of three hundred thousand or more by the last preceding federal census, the judges of election, including the registrars as judges and the clerks of elec- tion, shall each be allowed and paid ten dollars for each general election and five dollars for each special election, at which they serve and no more, either from the city or county. In all other registration cities, the judges of elec- tion, including the registrars as judges and clerks of elec- tion, shall each be allowed and paid five dollars for each election at which they ser\c and no more, either from the city or county. No registrar, judge or clerk shall be en- titled to the compensation so fixed except upon the allow- Ccrtiiicaic ance and order of the board of deputy state supervisors '°^'^' ' made at a joint session, certifying that each has fully per- formed his duty according to law as such, and stating the number of days' service actually performed by each. Such allowance and order shall be certified by the chief deputy and clerk of the board to the city or county auditor. (loi V. .•?44-) Section 4945. For November elections held in even- Expenses numbered years, the county in which such city is located regutrat'io" shall pay the general expenses of such election other than ^""^;,„n, ^ the expenses of registration. Such allowance and order of the board for such expenses and compensation to such 81 82 REGISTRATION OF ELECTORS. '^hap. 5 judges and clerks of elections shall be certified by the chief deputy and clerk to the auditor of such county, who shall issue his warrants upon the county treasury for the amounts so certified. (R. S. Sec. 2926t.) Registration SECTION 4946. The additional compensation of mem- "id"^*^^' """^ ^^""^ °^ ^^^^ board of deputy state supervisors and of its ''^' ' clerk in such city hereinbefore specified, the lawful com- pensation of all registrars of electors in such city, the necessary cost of the registers, books, blanks, forms, sta- tionery and supplies provided by the board for the purposes herein authorized, including poll books for special elections, and the cost of the rent, furnishing and supplies for rooms hired by the board for its offices and as places for registra- tion of electors and the holding of elections in such city shall be paid by such city from its general fund. Such expense shall be paid by the treasurer of such city upon vouchers of the board, certified by its chief deputy and clerk and the warrant of the city auditor. Each such voucher shall specify the actual services rendered, the items of supplies furnished and the price or rates charged in detail. (103 V. 545.) REGISTRATION UPON ACTION OF COUNCIL. Council of Section 4947. The council of any city or village in atiJf viiia'« which registration is not now required by law may provide nlay^provfde for a general registration of electors in the several wards or precincts thereof in the manner and at all times and on the days provided by law for registration in cities which have quadrennial registration. When the council so pro- vides, no person shall have acquired a legal residence in any ward or election precinct in such city or village for the purpose of voting therein at any general of special election, nor shall he be permitted to vote at any election therein unless he shall have caused himself to be registered as an elector in such ward or precinct in the manner and at the time required by law in cities which have quadrennial registration. (98 v. 270 §1.) Note:— The compensation of judges and clerks in cities which have provided for registration is governed by section 4944, the latter not being made applicable to villages. Atty. Gen. 11-18-08. In cities having population in excess of 11.800, the council lias no authority relating to registration. Atty. Gen. 8-4-09. Although a village possess an ordinance for registration, such registration can not be had for the first time until the presidential year. registr; CHAPTER 6. PRIMARY ELECTIONS. phrases con- ; offices shall How certain words strued. How candidates be nominated. Provisions for nomination of candidates by petition not repealed. These provisions shall not apply to elective officers of townships and municipalities having a population less than 2,000; exception. Candidates for state offices, United States senator and congressman at large nominated by direct vote; filing petitions; filing objections. Candidates for district offices shall be by dii may become a candidate; chief deputy state supervisor shall certify all nominations to boards of deputy Nomination of candidates for presi- dential elector by delegate state con- vention; time of holding convention and apportionment of delegates; party platform. Election of delegates and alternates to national convention shall be. by di- rect vote; statement of candidate as to choice for president. Presidential preference primary; nom- ination papers for candidates may be filed but not required; names of candidates certified by state supervisor to boards of deputy state supervisors; separate tickets; form of ticket; can- vass of returns by state supervisor. When nominations certified to boards of deputy state supervisors. When county convention held. When county central committee may 49S9. - Controlli elected by direct e; district com- 4963. Time of holding ;y candidates; time iries for township didates; of holding pr and municipal c of U. S. senator. How primary for special election called. Powers and duties of boards of deputy state supervisors. Nominations — how made and when and where filed; two per cent, of party Nomination of candidates where district situated in more than one county; returns in such cases. What names to be printed on ballot; form of nomination papers. Form prescribed must be used. Number of nomination papers each signer may sign. Affidavit— what it shall contain; declara- tion—what it shall contain. Papers shall be open to public inspec- tion; how protests shall be made; papers shall not be rejected for tech- Prov reg Separate tickets. Election, how conducted. Challengers and witnesses. Unlawful to exhibit ticket within one hundred feet. Who may vote; causes of challenge. Oath. Vote rejected, when. Canvass of vote. Canvass of vote and certifying result by deputy state supervisors. Names of nominees must be placed upon ballot. 3f election to delegates and of election to members of alter 4989. Vacancies, how filled. 4990. Compensation of election officers. 4991. Expenses, how apportioned and paid. 4991-1. Party platform, when and by whoi Section 4948. Unless inconsistent with the context, the words and phrases in tliis chapter shall be construed as follows: The word "priniar)'", the primary election provided for in this chapter, to nominate candidates to be voted for at the ensuing election. The words "November election", the election held on the first Tuesday after the first Monday in November, in any year. The words "general election", the November election in the years when state and county officers are to be elected. 84 PRIMARY ErECTiONs. Chap. 6 The word "precinct", a district established by author- ity of law within which all r|ualified electors vote at one [lolling place. The word "district", any election district, circuit or other subdivision of the state comprising more than one county or part of county' within which an ofificer or officers are to be elected, (gg v. 214 § i.) Note :^The nomination of party candidates for public office concerns the public welfare and the legislature in the exercise of the police power mav make reasonable re-.>:ulations iherefor. State ex. rel, Webber v. Felton, 77 O. S. 554. How candi- Sec. 4g4g. Candidates for member of the senate and ilc'offices shall house of representatives in the congress of the United he nominated. States and for all elective state, district, county and mu- ni'.-ipal offices, delegates and alternates to national and state conventions and members of the controlling committees of all \oluntary political parties or associations in this state wliich at the next preceding general election polled for its candidate for governor in the state or any district, county or subdivision thereof, or municipality, at least ten ])er ceiu of the entire vote cast therein for governor, shall be nomi- nated (_)r selected in such state, district, subdivision or mu- nicipality, in accordance with the provisions of this chapter, and persons not so nominated shall not be considered can- didates and their names shall not be printed on the official ballots, nor shall delegates or alternates to such conven- tions, or party controlling committees whose members have not been so selected, be recognized by any board or officer. (104 V. g.) Note: — All political parties in any political division named in this section, which, at the last general election cast ten per cent, or more of the entire vote in that political division must make their nominations according to this primary election law. .•\tty Gen. 3-24-1909. The primary election law contains no provision for notice to be given to electors, either of the holding of county primaries, or of primaries to nominate candidates for township or municipal officers or members of the school board. Atty. Gen. 7-26-190!). If in any political division a political party has cast more than ten per cent, of the votes cast in such subdivision then its nomina- tions within and for such subdivision must be made under the pro- visions of the compulsory primary law. The duty of a political partv under said primary law is determined bv its vote in the I'olitical subdivisions. Atty. Gen. 4-28-lPlO. Provisions for SECTION 4950. Nothing in this chapter shall repeal c.imi'i'.iius' b°' ''^^ provisions of law relating to the nomination of candi- 1,'eiiiion not datcs for oflfice by petition, and no elector shall be disquali- rc|.c:iu olficcs or for the elective offices of any mr.nici- having'a pop- pality which has less than two thousand population as "hair's. 00^ ascertained by the federal census next preceding such nomi- Chap. 6 PRIMARY ELECTIONS. 85 nations unless the voters of such township or municipality shall so petition the board of deputy state supervi-sors of elections, which petition shall be filed at least ninety days before the regular date for holding the jirimary to nomi- nate the officers mentioned in this section and shall be signed by qualified electors of such township or municipality equalling in number at least a majority of votes cast in such township or municipality at the last general election ^. therein. In the event that such petition is fded then all nominations of party candidates in such townshii) or mu- nicipality shall be made as in this chapter provided. (103 V. 476.) Sec. 4952. Candidates for state offices. United States c senator and congressnian-at-large shall be nominated by ^ direct vote of the people in the manner following. Each s. person so desiring to become a candidate for an office above l\ enumerated shall file with the state supervisor of elections ^ a petition signed by the electors of the state who are mem- bers of the political party to which such candidate belongs, not less in number than two per cent of the vote cast in the ^ state for the candidate for governor of such party at the last general election. Such petitions shall be prepared and filed with the state supervisor of elections in the following manner. All petitions signed in any county of the state e 'shall be filed with the board of deputy state supervisors of elections of such county prior to the sixtieth day before the date of the primary election and shall remain open to public inspection in the office of such board for a period of five days immediately prior to the fifty-fifth day before such primary, during which time objections may be filed thereto J: and the same heard by such board, which shall on or before the fiftieth day before such primary transmit such petitions and objections, if any, to the state supervisor of elections together with a copy of its findings on such objections, if any, and a certificate stating the number of bona fide electors of such county whose names appear attached thereto. (104 v. 9.) Section 4952-1. Candidates for district offices, where c such district includes more than one county, which shall f^ include all candidates for member of the house of repre- n sentatives in the congress of the United States, other than "^ congressman at large, shall be nominated by the direct vote of the people in the manner following. Each person so de- y^ siring to become a candidate for election to such district office in this state shall, not less than sixty days before the date of the primary election fixed by law to be held in the even numbered \ears, file with the chief deputy state super- visor of the most populous county of the district, according to the federal census last preceding such primary, a petition therefor signed by electors of the district who are members of the political party to winch such candidate belongs not less in number than two per cent, of the vote cast in said district for the candidate for governor of such party at the How per. may hecr 86 PRIMARY ELECTIONS. Chap. 6 to boards of deputy state Time of hold- ing conven- tion and ap- Election o delegates a alternates last general election preceding such primary. Not less than forty days before such primary said chief deputy state supervisors shall certify all nominations so filed to the boards of deputy state supervisors of each county in such district who shall enter the names so certified on the proper ballots to be used at the primary. Such boards of deputy state supervisors shall certify the results of the primary election on such candidates to such chief deputy state super- visor in the manner provided under the general election laws. Not less than forty days before the Novernber elec- tion such chief deputy state supervisor of elections shall certify all such nominations so made to the boards of dep- uty state supervisors of the counties comprising the dis- trict who shall cause the same to be printed on the proper tickets as provided by law. (103 v. 478.) Section 4953. Candidates for presidential elector shall be nominated by delegate state conventions, _ the dele- gates to which shall be chosen at a primary election which shall be held on the last Tuesday in April, 1916, and simi- larly every fourth year thereafter. The state committee of each political party shall determine the time and place for holding the state convention of such party and shall appor- tion the delegates and alternates throughout the state in proportion to its party vote for governor cast in the several counties at the last preceding general election. Each state committee shall also by resolution determine the ratio of representation in such state convention. In addition to nom- inating candidates for presidential elector such state con- vention shall formulate the state party platform for that year. (103 v. 478.) Section 4954. At the primary election which shall be held on the last Tuesday in April in the year 1916 and similarly in every fourth year thereafter delegates and alter- nates at large to the national conventions of the different political parties shall be chosen by direct vote of the electors in the manner prescribed in this chapter for the nomination of candidates for state offices, and candidates for election as delegates and alternates to such conventions from dis- tricts within the state shall be chosen by direct vote of the electors in the manner prescribed in this chapter for the nomination of candidates for district offices. Each person seeking to be elected as delegate or alternate to such national convention shall file with his nominating petition a state- ment in writing signed by him in which he shall state his first and second choice for nomination as candidate of his party for the presidency of the United States and the state supervisor of elections shall not permit any nominating petition of a candidate for election as such delegate or alter- nate to be filed unless accompanied by such statement in writing: providing always, however, that the name of no candidate for the presidency shall be so used without his written consent. The name of such first and second choice for nomination as candidate for the presidency of each can- Chap. 6 PRIMARY ELECTIONS. didate for election as such delegate or alternate shall be printed and appear on the primary ballots immediately below the name of such candidate in such a way as to clearly disclose the preference of each candidate. Each candidate for election as such delegate or alternate may also file along with his nomination papers a statement in writing signed by him in the following form: Statement (alternate) of candidate for election as (delegate) to the (here insert name of political party) national convention. I hereby declare to th-; voters of my political party in (alternate) the state of Ohio that, if elected as (delegate) to their na- tional party convention, I shall, to the best of my judgment and ability, support that candidate for president of the United States who shall have been selected at this primary by the voters of my party in the manner provided in this chapter, as their candidate for such office. 87 (alternate) For signatures of candidate for (delegate) (103 V. 478.) Section 4955. At a primary election which shall be presidential held on the last Tuesday in April in the year 1916 and sim- PJf^Yry"'' ilarly in every fourth year thereafter the qualified voters of the several political parties shall be given an opportunity, on separate party ballots provided for that purpose and apart from those used for other offices, to express their prefer- ence as to the nominees for their respective parties for president and vice-president of the United States in the following manner. Nomination papers for each candidate Nomination for nomination for president or vice-president may be filed ^^Sdidatls' in the same manner as for candidates for a state office but ^ynot "'"'' no candidate for such nomination as president or vice-presi- required. dent need sign or file any petition, affidavit, declaration, statement or paper of any kind to get his name upon the ballot at such primary, but in the event that any person who is presented as a candidate for nomination for presi- dent or vice-president, by the filing of nomination papers as herein provided for, shall on or before the forty-fifth day before the date of such primary, announce by state- ment filed with the state supervisor of elections that he is not a candidate for such nomination and that he does not wish his name to be printed upon the ballot for such elec- Na„es of can- tion, said state supervisor shall not cause nor permit such d»3^ates certj- name to be or appear on such ballot. Not less than forty supervisor to days before the primary the state supervisor of elections //J^iy °,a,e shall certify the names of all candidates for such nomina- supervisors, tions which have been duly presented and not withdrawn, to the boards of deputy state supervisors of the several counties in the state who shall enter such names on a sep- arate ballot from that containing the names of candidates 88 PRIMARY ELECTIONS. Chap. 6 for other nominations. Separate tickets shall be provided for each political party on which the names of the candi- dates of such party shall be printed in alphabetical order. Such tickets shall conform, as nearly as practicable, to the form of the ballot provided in this title for the nomination of candidates for state offices. At the head of each ticket there shall be printed the words "Presidential Preference Ticket". The ballots voted at such election shall be de- posited in separate ballot boxes and shall be counted and the result of the vote thereon certified by the boards of deputy state supervisors of elections of the several counties of the state to the state supervisor of elections in the man- ner provided for certifying the returns of the vote at such primary for candidates for the nomination as state officers. Such state supervisor shall canvass these returns in the manner provided by law for canvassing the returns in the case of candidates for nomination as state officers and shall forthwith certify the results of such canvass as regards the candidates for nomination in each political party to the persons chosen as delegates or alternates to the national convention of such party. (103 v. 479.) Section 4956. Not less than forty days before the date of any primary election the state supervisor of elections shall certify to the several proper boards of deputy state supervisors the nominations filed with him together with forms of official ballots for the use of each board and such boards shall cause all such nominations to be entered on the proper primary ballots in their respective counties. ( 103 v. 480.) Alien county SECTION 4957. Delegates to county conventions shall convention uietf E)convention at such time and place, but not later than ^O^P^wf^fflY-iiays after the primary election, as the county com- Canvass of returns by slate super- boards of deputy state supervisors. the time of fixing the apportionment of delegates H«i\.. \^\V^* *"* thereto .shall designate. (99 v. 216 § 6.) «=^^ t^^^' county Section 4958. When a state or district committee does '„^°"' not require that all delegates to a state or district convention ^irai be elected by direct vote, such committee may provide ,»1lTat^the county central committee shall determine _ the IteWRod of choosing the delegates from such county, either by direct vote at the primary or at county conventions com- Dosed of delegates elected at the primary. Such determina- tion shall he by resolution adopted by majority vote, not less than thirty davs before the next primary. (99 v. 216 §7.) Section 4959. AH members of controlling committees of political parties shall be elected, by direct vote, except as otherwise provided herein. Their names shall be placed upon the official ballot as hereinafter provided. The_ per- son receiving the highest number of votes for committee- man shall be the member of such controlling committee. (103 v. 480.) Chap. 6 PRIMARY ELECTIONS. 89 Section 4960. The coniroUing committees of each •■state rcmrai voluntary poHtical party or organization shall be a state onc'"mcmbcr central committee, consisting of one member from each con- from each cot,. gressional district in the state; a district committee for each dlstHcT^ district in the state, including congressional districts, which .. District cm shall consist of the chairman of the county central com- imttcc"-Tiic mittees df the several coimties composing such district ; a cach™of"thc county central committee, consisting of one member each ^^j'^^a! c.?,n'"'^ precinct in the county, or of one member from each ward miticcs. and townshij) in the county as the outgoing committee may ■to.mty ecu- determine, and the members of the central committee chosen !|.'e"J^°one' from a city shall constitute a city committee. All of the "lember from members of such committees shall be chosen by direct vote or"^ f rSm "^each at the primary held in the even numbered years. Candi- ^',^^1 oTtionaT" dates for election as state central committeemen may be ^ ' . , , . . . , ... Committeemen nominated by petition in the same manner as is herein pro- chosen by di- vided for the nomination at primaries of candidates for '"' ^°*"^- flistrict offices and candidates for election as members of ^^"^'^"^^^ the county central committee may be nominated by petition hlaTed%y°'" in the manner provided in section 4969 of the General Code. i'"""°"- Existing state, district, county and city committees shall continue to act and be recognized as such, until their suc- cessors are chosen as herein provided. Where a judicial when^ mem- subdivision or district or congressional district is included dmrai com- ^ within a county, the members of the county central com- ™',"J^ ll'sfrict niittee who are residents of such district shall also act as committee, the judicial or congressional committee. (103 v. 480.) Section 4961. Within fifteen days after their selec- Time for or- tion all such state and county central committees shall meet Committees."' and organize by the election of a chairman and secretary, and shall elect an executive committee. ( lo.-^ v. 480.) Section 4962. All party controlling committees, the Term of scr- selection of which is herein provided for. shall serve for H"; '""^^"■ two years and until their successors are selected. In case of vacancies caused by death, resignation or removal from the territory from which the committeeman was chosen, the committee of which he was a member shall fill the \ancacy by majority vote. (99 v. 217 § to.) Sec. 4963. Primaries under this chapter to nominate Time of hoid- candidates for member of the house of representatives in f"? 5131?,^ d?s- the congress of the United States, and for all elective state, J.^',^,',,^'^^^. district and county offices, and to select committeemen, didatcs. shall be held in each county at the usual polling places on the second Tuesday in August of the even numbered years; and primaries under this chapter to nominate candidates for township and municipal offices, justices of the peace and members of boards of education, shall he held in each county at the usual polling places on the second Tuesday in -\ugust of the odd numbered years. Primaries to nominate c.indidates for United States senator shall be held on the second Tuesday in August of the years in which such sen- ators ;irc to be clcctcil. C 104 v. Q.) Time of hold fof townshi"" go PRIMARY ELECTIONS. Chap. 6 How primary SECTION 4964. VVlieil a Call is isSUCd fOF 3 SpCcial for special election, the date of the primary shall be fixed at the same election . ', . , ' , .^ , . . ,,. , called. time and in the same manner by the authority calling such special election which primary, shall be held at least two weeks prior to the time fixed for such special election. Nomination papers for such primary shall be filed at least ten days before the date for holding the same and such election shall be called s" as to allow at least five days for circulating and filing such nomination papers. (103 v. 481.) Powers and SECTION 4967. County boards of deputy state super- boards °oi dep- visors of elections shall have all the powers granted and uty state perform all the duties imposed by the laws governing gen- supervisors. ^^^j giej-tjons, including furnishing materials and supplies, printing and distributing ballots, providing voting places, protecting electors, guarding the secrecy of the ballot, and making rules and regulations not inconsistent with law, for the guidance of election officers. All statutory provisions relating to general elections, including the requirement that part of such election day shall be a legal holiday, shall, so far as applicable, apply to and govern primary elections. (103 V. 481.) Nominations— SECTION 4969. All nominations for offices or places on how made and the primary ballot other than those heretofore provided for where ^fiied. shall be by nomination papers which shall be filed wMth the board of deputy state supervisors at least sixty days before the day for holding the primary election. Such nomination Two per cent, papers shall be signed by two per cent, of the party voters of party vote, jn the county, municipality, precinct, ward or other polit- ical subdivision for which such nomination is to be made. The basis of percentage in each case shall be the vote of the party in such county, municipality, precinct, ward or other political subdivision for governor at the last preced- ing election for state officers. (103 v. 482.) Note: — Whether or not all of the signers to nomination papers are party voters, is left to the judgment of the election board to determine from all the facts. The provision that such papers shall be signed by 2 per cent, of the party voters, has no application to the qualifications of an elector to sign them. Atty. Gen. 6-17-1909. Nomination of SECTION 4969-1. In case of nomination papers for can- candidates _ didatcs for public office in a municipality or school district situaired 'iV"^ situated in more than one county, such papers shall be filed as above limited with the board of deputy state supervisors of the county containing the majority population of such municipality or school district, which board shall certify the same forthwith to the board or boards of the county or counties containing the other parts of such municipality or school district. When such board or boards of the county or counties containing the other part or parts of such mu- nicipality or district shall have canvassed the returns of the primary' in such municipality or district received by them they shall certify the result to the board of the county con- taining such majority population which board shall ascer- than nty. Chap. 6 PRIMARY ELECTIONS. < tain and declare the result of the primary and shall forth- with certify the name or names of the successful candidate or candidates to the boards of such other counties to be placed on the official ballot at the election. (103 v. 482.) Section 4970. The name of no candidate for office or whai names for committeeman or delegate shall be printed upon an offi- Sf "ailoL""" cial ballot used at any prnr.u-y unless prior to the beginning of the period limited by iaw, nomination papers shall have been filed with the state supervisor of elections or with the board of deputy state supervisors in his behalf in sub- stantially the following form : We, the undersigned, qualified electors of (the Form of non precinct of the township of ) or '"^^''"" p!"!'" (the vvard of the city of ) county of , and state of Ohio, and members of the party, hereby nominate who resides at No on street of city of or (in the township of ) in the county of as a candidate for the office (or posi- tion) of (here specify office or position) to be voted for at the primary next hereafter to be held,_ as representing the principles of such party, and each for him- self further declares that he is a member of such party and that he intends to support the candidate named herein. Residence. Name of Signers. Date of Signing. (Ward) (Precinct) ( 103 V. 483.) Section 4971. All nomination papers shall have sub- Form pre- stantially the form prescribed by the preceding section writ- be^'used.""""' ten or printed at the top thereof. No signature shall be counted unless it be upon sheets having such form written or printed at the top thereof. The names of the signers to any such nomination papers shall be signed in ink, each signer for himself. (99 v. 219 § 18.) Note : — By requiring signatures to be written in ink, the legislature intended only that the record should be indelible, hence signatures written with indelible pencil should be accepted. Section 4972. Each signer of a nomination paper Number of may sign as many such papers as there are candidates for JJ^^Tead, the office, or position, but no more, and shall declare that sjgner may he intends to support the candidate named therein. He *'^"' shall add his residence, and the street and number, if any, and the date of signing, and, if in cities, his vvard and precinct. The names of signers of nomination papers who have signed more papers for the same office or position than herein authorized shall be counted by the board of deputy state supervisors only upon the paper or papers Declaration — what it shall contain. 92 I'RIMAKY ELECTIONS. Chap. 6 first signed. Signers of nomination pajiers shall he hona fide residents of the territory wiliiin which the person desires to become a candidate. (99 v. 219 § 19.) .Affidavit— what SECTION 4973. The affidavit of a qualified elector tain''^" '^°" ^'^^" ^^ appended to each such nomination paper, stating that he believes the persons who have signed it to be elec- tors of the political subdivisions described in such nomi- nation paper, and that they signed it with full knowledge of the contents thereof, that he believes that each signer signed it on the date stated opposite his name, and that the affiant intends to support the candidate named therein. Each candidate shall file with his nomination papers a dec- laration that he v^'ill qualify as such officer if nominated and elected, and each candidate shall also file with such papers a declaration that he will support and abide by the principles enumerated by his political party in such national or state platform as may have been adopted by it prior to such primary in the year in which he is seeking such nom- ination. (103 V. 483.) Note : — Candidates for delegates and committeeman must file declarations of acceptance the same as any other officer. Papers shall SECTION 4974. Nomination papers, when filed, shall ''ubficf " '° ^^ preserved and be open under regulations to public inspec- inspection. tion. If in apparent conformity with the provisions of this chapter, such papers shall be deemed to be valid, unless objection thereto is duly made in writing within five days How protests after the last day for filing such nomination papers. Pro- sh.iii he made. (55(5 jj^ vvriting against the candidacy of any person seek- ing to become a candidate of any political party may be tiled only by a recognized member of such party or by the controlling committee thereof. Such protests shall be filed with the state supervisor of elections in all cases in which the nomination papers shall have been filed with him and in cases in which such papers shall have been filed with a board of deputy state supervisors the protests shall be filed with such board. In the case of protests filed with the state supervisor of elections he shall hear and determine the same and his decision shall be final. In the case of protests filed against the candidacy of a person in a district comprising more than one county the same shall be heard and deter- mined by the chief deputies and clerks of the board of deputy state supervisors of the several counties comprising such district and their decision shall be final. In the case of protests filed against candidates for county offices or tiffices of a district lying within a county, the same shall be heard and determined by the board of deputy state super- visors of such county and its decision shall be final. In case of candidates for office in municipalities or schoo' districts situated in more than one county, the same shall be submitted to the board of deputy state supervisors of the county in which the nominrition itapers were filed and its decision shall be final. If it is found that such candidate Chap. 6 I'UiMAUY i;i KCTioNS. 93 is not an elector of the state, or of the district or county in which he seeks to become a candidate, or that his nom- ination pajiers do not contain the requisite number of names signed bj- electors of such party, his name shall be with- drawn and shall not be printed upon the ballot ; but no nomination papers shall be rejected for mere technical de- fects. The provisions of this title, relating to objections papers shall to petitions for nominations, shall, so far as applicable, ap- 'f'„"; ^Icimica'r'' ply to and govern in such matters arising under this sec- defects, tion. Certificates shall be transmitted in the manner pro- vided in this title for the transmission of certificates of nomination. (103 v. 483.) Section 4975. The board of deputy state supervisors provisions as in municipalities where registration of electors is required '" r^s'^^"^"""- by law, shall, prior to any primary election, make such pro- vision as shall be necessary and reasonable for the transfer upon the registration books and the registration of all per- sons, not previously registered, who may qualify themselves to vote at the ensuing November election. No person shall be admitted to vote at any primary election, in such municipalities, unless he shall have caused himself to be registered as an elector therein, in the manner provided by law for the registration of electors. (99 v. 220 § 22.) Section 4976. Separate tickets shall be provided for separate each political party entitled to participate in such primary, ''^f^^"- Such tickets shall contain the names of all persons whose names have been duly presented and not withdrawn, ar- ranged under the designation of the office in alphabetical order, according to surnames, and bear the official signa- tures of the members of the board of deputy state super- visors. Such tickets shall conform, as nearly as prac- ticable, to the form of ballot provided in this title for the use of electors in the election of public officers, except that no device or circle shall be used at the head of such tickets. On the hack thereof shall be printed the words, "Official Ballot" and "Primary Election," and the name of the political party for which such ballot is printed. (99 v. 220 §23.) \ote: — There must be a separate space on the ballot for each office, for which a nomination is to be made. Atty. Gen. 4-7-10. Tlie ticket at a primary may be printed in more than one cohinm, if more convenient for the board of deputy supervisors or the electors. An elector who has filed nomination papers may withdraw his name as a candidate. After a candidate has withdrawn his name and his withdrawal has been accepted by the board, the board is without authority to reconsider its acceptance, and such elector may thereafter have his name placed upon the official ballot nnly by nomination papers, as provided in the first instance. Atty. Cen. 5-6-10. The voter may write in a blank space, or sub.stitute for any name on his party ballot, the name of another person of the same pnlitic.il p:irty faith. Section 4977. On each day designated in this chap- Election, how ter for holding primary elections, a full board of election "'"" """'' ■ officers shall be assigned to duty at each polling place, and 94 PRIMARY ELECTIONS. Chap. 6 sucli election officers shall jointly conduct the election as to all parties. The regular judges and clerks of elections shall be the judges and clerks of primary elections, and shall be charged with the same powers and duties, and be subject to the same penalties as are provided by law for the conduct of general elections. There shall be separate poll books, tally sheets and ballot boxes provided at each voting place for each party participating in the election, and the ballot of each voter shall be placed in the ballot box of the party with which he affiliates. Each ballot box shall be plainly marked with the name of the political party whose ballots are to be placed therein, by letters printed thereon or by a card attached thereto, or both, and so placed that the designation may be easily read. (99 v. 220 §24.) Section 4978. Upon application in writing of the respective controlling committees, the judges of election shall admit to the polling room one challenger and one wit- ness for each candidate whose name appears on the ballot for the office at the head of the ticket. Such challenger and witness shall be appointed in writing by the candidates on whose behalf he serves. Such challengers and witnesses shall have the same privileges and be subject to the same regulations as are prescribed by law for the challengers and witnesses at general elections. The judges of election of each precinct, upon the writ- ten application of any five or more candidates, shall admit to the polling room one challenger and one inspector. The applications must be signed by the candidates in person in the presence of two witnesses. No candidate shall sign an application for more than one challenger and one in- spector at any one polling place. Such inspector shall have the right to inspect the ballots and ballot box before the voting begins, and the challenger shall have such rights and privileges and be subject to the same regulations as are prescribed by law for challengers at general elections. The inspector shall have the right to enter the polling place at any time after five o'clock in the afternoon and remain until the ballots are all counted. He shall have the right to inspect the ballot box, tally sheets and poll books and also to witness the counting of the ballots, and inspect the same while being counted, or afterwards. A person serv- ing as challenger is eligible to serve as inspector. All of the judges and clerks conducting said primary election shall participate in the count and tabulation of all the votes cast. Any judge who refuses to admit to the polling place any challenger, or inspector, who presents a proper application signed and witnessed as herein provided, or any challenger, or inspector, who knowingly presents a false application to the judges of election, shall" be fmed not less tlian fifty dol- lars nor more than two hundred dollars and imprisoned in the county jail not less thnn thirty days. Chap. 6 PRIMARY ELFXTIONS. 95 Section 4979. During the time the polls are open, it unlawful to shall be unlawful for any person within one hundred feet "i',htn one""^' of the polling place of any primary election to give, tender, hundred feet. or exhibit any ballot or ticket to any person other than to a judge of the election, or to exhibit any ticket which he intends to cast, or within such distance so solicit or in any way attempt to influence any elector in casting his vote. (99 V. 224 § 41.) Section 4980. At such election only legally qualified who may electors or such as will be legally qualified electors at the of'Vi,a"e"ngl. next ensuing general election may vote and all such electors may vote only in the election precinct where they reside, and it shall be the duty of the challengers and of the judges, and the right of any elector, whenever there is reason to doubt the legality of any vote that may be offered, to in- terpose a cliallenge. The cause of a challenge shall be: That the person challenged has received or been promised some valuable reward or consideration for his vote ; that lie has not previously affiliated with the party whose ticket he now desires to vote. Affiliation shall be determined by the vote of the elector making application to vote, at the last general election held in even numbered years.' (99 v. 221 § 26.) Note: — .A minor who will be qualified to vote at the election ne.Nt succeeding a primary election mav vote at such primary. Atty. Gen. 8-30-07. Women may vote for candidates for nomination on the party tickets for members of the board of education. Atty. Gen. 6-14-09. Section 4981. Before any challenged person shall be oath. allowed to vote, he shall make and subscribe an affidavit duly sworn to, before one of the judges, who are hereby authorized and empowered to administer such oaths, blanks for which shall be furnished by the board of deputy state sujjervisors, giving age, residence, nationality, citizenship party allegiance, length of residence in the voting precinc, county and state, and all other facts necessary to disclose whether he is a legal voter at such election, which affidavit shall be returned to the office of the board with the pol! books and tally sheets. (99 v. 221 § 27.) Section 4982. If a person challenged refuses to be vote rejected, sworn, or being sworn, refuses to answer any questions, or when, if his answers show that he lacks any of the qualifications herein required to make him a legal voter at such primary election, his vote shall be rejected. The judges, or either of them, shall have the power to make further investigation, and he or they may call and examine witnesses as to the qualifications of the person challenged, and, if the judges of the party to which the person asking the ticket claims affiliation are not satisfied that he is a legal voter under this chapter, they shall reject his vote. (90 v. 221 § 27.) Section 4983. At the close of the polls, the judges canv.-i.s ..( and clerks shall proceed without delay to canvass the vote, ^■""^■ sign and seal it, and make return forthwith thereof to the 96 PRIMARY ELECTIONS. . Chap. 6 board of deputy state supervisors. If there are any tickets cast and counted or left uncounted concerning the legality of which there is any doubt or difference of opinion in the minds of the judges of elections, they shall be sealed up and marked, "disputed ballots," and returned to such board, with the statement as to whether they have or liavc not been counted, and, if counted, what party and for whom. .Such ballots shall be preserved by the board for such judicial or other investigation as may be ordered by the controlling committee of the party for whom they were voted. (99 V. 221 § 28.) Note : — The board is without authority to hear evidence to coutradict or explain the tally sheets, or act upon information not appearing on their face, or to open or count ballots returned by the precinct officers, as uncounted ballots, concerning the legality of which, doubt or difference of opinion existed in the minds of the judges of election. State ex rel. v. Tanzy et al., 49 O. S. 56. Canvass of SECTION 4984. On the following Thursday after the fvi'n "re'ivi'ir''" P^^^^^'^J ^t tcu o'clock forcnoon the board of deputy state i)y deputy supcrvisors of elections of each county shall meet and can- v'isirs^"'"^'^ vass the vote and certify the result or declare the same in the manner hereinafter provided. The controlling commit- tee of any party participating in the priinary may have one representative present during the canvass of the vote. In the case of candidates for nomination by primary whose nomination papers are required to be filed with the state supervisor of elections such boards of deputy state super- visors shall, on blanks provided for that purpose, make full and accurate returns of votes cast for each candidate and shall certify duplicate copies thereof to the state supervisor who shall proceed to canvass all of the votes cast for the respective candidates above mentioned and shall declare the result, and shall, not less than forty days before the election, certify the same together with a form of official ballot therefor to the proper boards of deputy state super- visors of the several counties of the state. In case of nom- inations for offices in districts comprising more than one county, the boards of deputy state supervisors of elections in such counties shall certify the results of the primary as regards such district candidates to the board of deputy state supervisors of the county in such district in which the nom- ination papers were originally filed, which board shall pro- ceed to canvass all of the returns so made of the votes cast for the resjjective candidates and shall declare the result and certify the names of the successful candidates to the boards of deputy state supervisors of the several counties comprising such district to be placed on the ballot. In case of nominations for offices within a county the results of the primary shall be declared by the board of deputy state supervisors of such county. ( 103 v. 484.) Names of SECTION 4985. When the jiriniary has been held to nominees make nominations of candidates to be voted for at the en- nUcc.i upon suing November election, the l)oard of deputy state super- baiL.t. visors shall place the names of the persons so nominated Chap. 6 i'RIMARY Kl.KCTlONS. 97 upon the official hallot as the candidates of the respective [JoHtical parties nominating them. (99 v. 222 § 30.) Section 4986. If the primary has been held to elect certificates of delegates and alternates to a national convention, the sev- dciega,"s'and eral boards of deputy state supervisors and the state super- mternates. visor of elections shall perform the same duties with re- gard to such election as with regard to the nomination of candidates for state and district offices. Returns shall be made and canvassed in a similar manner as for state and district offices and such state supervisor, or boards of dep- uty state supervisors, shall, without fee, make and, upon demand, deliver to the persons who may have been chosen, certificates of their election. And no other delegate or al- ternate shall be entitled to sit, or participate, in such con- vention. A list of the delegates and alternates of each party who may have been chosen, shall be filed and kept in the office of such state supervisor for one year. (103 v. 485-) Section 4987. If members of a state central com- certificates of mittee have been elected at any primary election, the several membTrs'of boards of deputy state supervisors and the state supervisor committee, of elections shall perform the same duties with regard to the election of such committees as with regard to the nom- ination of candidates for district offices. Returns shall be made and canvassed as for such nomination. And said state supervisor sliall, without fee. and upon demand, de- liver to the persons elected, certificates of their election. A list of committeemen of each party who may have been List of com- thus chosen shall be filed and kept in the office of such state fii'ed'^™''officc supervisor of elections for two years and it shall be the of ^^^^^ official roll of the committee. In like manner if members ''"''^'■'"^°''- of a county central committee or delegates to a state con- vention have been elected the board of deputy state super- visors of elections shall perform the same duties with re- gard to the election of such committeemen as with regard to the nomination of candidates for township offices. Re- turns shall be made and canvassed as for such nominations and said board of deputy state supervisors shall without fee, and upon demand, deliver to the persons who may have been chosen certificates of their election. A list of commit- teemen of each party who may have been chosen shall be filed and kept in the office of such board for two years and it shall be the official roll of the committee. (103 v. 485.) Section 4988. When at any primary there is a tie n„w result vote for nomination or election in any case in which the ^ases"oT7^c '" nomination papers have been filed with the state supervisor vote, of elections the candidates having the highest and equal number of votes shall, after due notice, within ten days and in the presence of such state supervisor at the time and place to be fixed by him, determine the result by lot. If they fail to do so. such state supervisor shall determine the result in a similar manner. In the event of a tie vote in other cases the candidates having the highest and equal 98 PRIMARY i£M;cTiONs. Cliap. 6 number of votes shall, after due notice, within five days in the presence of the board of deputy state supervisors witli which the nomination papers were filed at a time and place to be fixed by such board, determine the result by lot and if the candidates fail to do so such board shall be author- ized to determine the same in a similar manner. ( 103 v. 486.) \acancies. SECTION 4989. In case of a vacancy or vacancies in how filled. ji^ig jjgj Qf nominations occurring by death or otherwise, after the result has been declared, such vacancy or vacan- cies shall be filled by the proper controlling committee of the party in which such vacancy, or vacancies, occur, and the names of the candidates, delegates or committeemen, as the case may be, selected by such committee shall, in the case of offices, the nomination papers for which have to be filed with the state supervisor of elections, be reported to such state supervisor and, in the case of other offices, shall be reported to the proper board or boards of deputy state supervisors, and such state supervisor or board, or boards, shall cause such name or names to be placed on the official ballots, lists or rolls. (103 v. 486.) Note: — This procedure applies to- vacancies occurring after the declaration of the result of the primary election, arid to vacancies in the list of nominations actually made at the primary election only. Atty. Gen. 8-13-09. This section does not authorize the filling of a vacancy re- sulting from 'failure to nominate a candidate for such office at the primary election. Atty, Gen. 8-18-09. In case there is no regular nomination for an office on a party ballot, the votes of electors who have written names in the blank spaces thereon are to be counted in canvassing the vote, and the person receiving a plurality of such votes should be declared the nominee, and his name should be placed upon the ballot at the ensuing November election as the candidate of the political parti for the office in question. Atty. Gen. 10-1-09. r.Mnpensation SECTION 4990. For their services in conducting pri- nf election mary elections, members of boards of deputy state super- " '""• visors shall each receive for his services the snm of two dollars for each election precinct in his respective count)', and the clerk shall receive for his services the sum of three dollars for each election precinct in his county, and judges and clerks of election shall receive the same com- pensation as is provided by law for such officers at general elections. (99 v. 223 § 35.) i-xpcnscs how Section 4991. All expenses of primary elections, in- :iiM>ortioned cluding cost of Supplies for election precincts and compen- '""^ ^^' ■ sation of the members and clerks of boards of deputy state supervisors, and judges and clerks of election, shall be paid in the manner provided by law for the payment of similar expenses for general elections except that the expenses of primary elections in political divisions less than a county shall be a charge against the township, city, village or polit- ical division in which said election was held, and the amount so paid by the county shall be retained by the county auditor, from funds due such township, city, village I Cliap. 6 PIUMARY ELECTIONS. 99 or political division, at the lime of making the semi-annual distribution of taxes. The amount of such expenses shall lie ascertained and apportioned by the dejjuty state super- visors to the several political divisions and cerlified to the county auditor. In municipalities situated in two or more counties, the proportion' of expense charged to each of such counties shall be ascertained and apportioned by the clerk or auditor of the municipality and certified by him lo the several county auditors. County commissioners, township trustees, ■ councils, boards of education or other authorities, authorized to levy taxes, shall make the necessary levy to meet such expenses. (103 V. 510.) Section 4991-1. In the year 1914, and every fourth party piat- year thereafter, the candidates for state offices, except ju- a°™t„"^hom dicial offices, the candidates for member of the general as- framed, sembly, the members of the state executive and central com- mittees and the chairmen of the county central and exec- utive committees of each political party which shall have se- lected candidates at the primary election of such year shall meet at such place as the state central committee of such jiarty may designate on the second Tuesday after such pri- mary and shall forthwith formulate the state platform of such party, which said state platform of each political party shall be so framed at such time that it shall be made public not later than six o'clock in the afternoon of the following Thursday. (103 v. 486.) I CHAPTER 7. NOMINATION OF CANDIDATES. Section 4992. Nomination of candidates. 4993. Certificate of nomination. i9'M. Certificate sha,l state com fill of other party candidate by unlawful. 4996. Nominations of candidates for offices in townships and municipalities having less than 2,000 population. 4997. How nominations made. 499S. Names of nominees for board published. 4999. Nominations of candidates for other 5000. Signers to name committee to fill vacan- 5001. Signer pledged to vote for nominee. 6002. Oath by one of the signers. 5003. Contents of certificates. 60M. Where and when certificates and nom- ination papers shall be filed. Section When certificates and nomination papers deemed valid. Consideration of objections and oilier questions to nomination. -'■ — '■*•■ necessary; questions may be ed to the state supervisor in cases of disagreement. 6008. Notice of objection must be given. 6009. Certified party name may be rejected, 5010. How vacancy on ticket filled or defect in certificate corrected. 5011. Certificate in case of filling vacancy. Vacancy caused by death of candidate after ballots printed; adhesive slips or pasters. Vacancies shall be filled by central com- 5005. 600C. 6007. Majo 5012. ination SECTION 4992. Exccpt as provided by the preceding andidates. chapter of this title, nominations of candidates for public office may be made as herein prescribed. (103 v. 843.) Note: — A citizens' ticket, nominated by petition, and which polled at least one per cent of the entire vote, does not entitle a similar ticket to a place on the ballot at a subsequent election, without a petition as provided by sections 4996 and 4999. Only those parties which have a state organization,, and which cast the requisite number of votes in the entire state are entitled to rep- resentation on the ballot as a party. Where a "citizens' ticket" has been nominated by a caucus or convention and the certificate thereof filed with the board of deputy state supervisors, it is the duty of the deputy state supervisors to disregard and reject siich ticket. The proper manner for electors to procure the nomination of a citizens' ticket is by petition. A ticket nominated by petition is not entitled to go under a party ticket, as a regular party ticket. Where voluntary primaries are held by a political party for the nomination of candidates for public office, the executive com- mittee of such party in its call for the primary has authority to prescribe the qualifications of voters at such primary election. The committee in taking such action should be governed by the customs and usages of the party in making nominations of candidates. Its regulations should be reasonable so as to afford an opportunity to all electors of the political party to cast their votes at such election, A primary election must be held under the auspices of_ some party. Under the law there cannot be a nonpartisan primary. The' method provided for placing a person on the ticket without regard to partv is bv petition. The requirements of Section 6 (89 0. L. 434) that certified nominations of candidates for public offices must be made by "con- vention, caucus, meeting of qualified electors, primary election held by such electors or central or executive committee, representing a political party, which at the next preceding election polled at least one per cent.' of the entire vote cast in the state" is not repugnant to any provision of the constitution. State Ex rel. Richard Plimmer v, Poston et al., 58 O. S. 620. 100 Cliap. 7 NOMINATION OF CANDIDATES. 10 A number of citizens cannot caucus for the purpose of nom- inating a ticl n,. :m m lor election. 5021. Provisions relating to printed form of 6047. Secra.ii.v ul ..^iU shall furnish forms ballot; form of ticket for presidential ^^_^ ^ fo electors, Poll books and tally sheets. Ballots. spccilied, 6049. Poll books and tally sheets for school electio 5024. Main and secondary stubs. 6060. Contract for printing ballots and other 5025. General provisions relative to printing supplies. . ballots 5061. Bond of bidder for printing. 5026. Device and circle at head of ticket. 5052. Election expenses, how paid. 6027. Separation of party tickets by borders. 6063. Apportionment of expenses. 5028. Separate ballots for township officers 5064. Tax levy. provided, when; ballots for candi- dates grouped for same office. ELECTION OF JUDGES. ,W29. Separate ballots for each precinct. ^, . , , .. , .- 5030. Municipalities containing less than fifty 1167. C luef justice, election, term. Election of 6031. Territory annexed for school purposes. 1514. The court of appeals <;""' Ballots for school board. jurisdiction. IIow ballot for school board printed. 5054-1. Election of judges. 5034. School districts in cities. 50,S4-2. Judicial ticket. Ballots for assessors of real orooerty. 5054-3. For 6035. Ballots for assessors of real property. 5054-3. Form of official ballot certified to dep 5036. Submission of proof of ballot. , uty state supervisors and inspectors 6037. Sealing and delivery of ballots. 6064-4. Number of ballots, how divided. 503H. Delivery of ballots and supplies. 5064-5. Marking. Section 5016. Except as in this chapter provided, Names of can- the names of all candidates to be voted for on the first ;l;,''^o',f s.'.'^f Tuesday after the first Monday in November shall be ballot, placed upon the same ballot. (99 v. 399 § 3.) Section 5017. Every ballot intended for the use of contents of electors, printed in accordance with the provisions of this "^''^i ''='"°'- chapter, shall contain the names of all the candidates, whose nominations for any offices specified in the ballot have been duly made and not withdrawn in accordance herewith, arranged in tickets or lists under the respective party or political or other designation certified; except that at the elections when presidential electors are to be voted for the names of all candidates for presidential elector shall be printed on a separate ballot. On the sep- candidates for arate ballot for presidential electors, the secretary of state Pf«;^^^"^i,«' shall place the names of the candidates for president and separate vice-president on the ticket, immediately following the name ''*""'■ of the party and immediately preceding the names of the presidential electors. (103 v. 59.) Sec. 501S. In general the arrangement of the ballot .-Vrrangemcnt shall conform as nearly as practicable to the plan herein- f,i„'^f.'"=" °" after given. The tickets of the various political parties "ihall be printed in parallel columns headed by the chosen When names BALLOTS AND SUPPLIES. Chap. 8 device upon a shaded background, and the party names in such order as the secretary of state directs, precedence be- ing given to the political party which held the highest num- ber of votes for governor at the next preceding November election, and so on. Tiie tickets, or lists, of candidate> nominated by nomination papers, with their party names or designations, shall be printed at the right of and parallel with the tickets of political parties in such order as the secretary of state directs, precedence being given to the order herein prescribed for party tickets. No ticket or list of candidates containing more candidates for any office than are to be elected shall be printed under the name of any party. (104 v. 11.) It is the imperative duty of the secretary of .state, as state supervisor of elections, to send to the deputy supervisors the form of ballot to be used at an approaching election immediately upon the expiration of the time allovifed for correcting the certificates of nomination. The secretary having rightly performed that duty properly re- fused to instruct the deputy supervisors to omit from the ticket the name of a candidate who subsequently withdrewr there being no nomination to fill the vacancy. State Ex rel. Fitzsimmons v. Taylor, Secretary, 55 O. S. 385. Section 5018-1. Where the names of several persons sonf are^' ^"' ^''^ grouped together upon tlie ballots as candidates for the same office, the ballot shall contain, immediately above the names of such candidates the words "Vote for not more than " (filling the blank space with the num- ber of persons who may lawfully be elected to such office). (103 V. 27.) Section 5019. When an amendment to the constitu- tion is to be submitted to the electors for their approval or rejection, such amendment shall be so submitted on a sep- arate ballot at the top of which shall be printed the words "Proposed Amendment to the Constitution," or, if more than one such amendment is submitted at the same election, such heading shall be "Proposed Amendments to the Con- stitution." Each amendment shall be stated thereon in language sufficient to clearly designate it, which statement shall be printed in a space defined bv ruled lines with two squares to the left thereof, the upper of which shall con- tain the word "Yes," and the lower the word "No." There shall be two similar blank squares, one on the left of that containing the word "Yes," and one to the left of that containing the word "No." Persons desiring to vote in favor of any such amendment shall do so by making a cross mark in the blank square to the left of the word "Yes," and those desiring to vote against the same shall do so by making a cross mark in the blank square to the left of the word "No." More than one such amendment may be submitted on the same ballot. The provisions of this title, so far as ]iractical)lc, shall apply to the marking Chap. 8 HALI.OTS AND SUl'I'Lltji. of ballots and the countirif; of votes upon any constitutional amendmenis so submitted. All such ballots shall be de- posited in a separate ballot box. (103 v. 554.) If the majority of the electors voting on the same shall adopt such amendments the same shall become a part of the constitution. (Constitution, article 16, section 1.) Section 5020. When the approval of a question other than a constitutional amendment, is to be submitted to a vote, such question shall be printed on a separate bal- when o lot and deposited in a separate ballot box, to be presided sVXmit't" over by the same judges and clerks of election. (97 v. 231 §18.) Section 5021. The ballot shall be so printed as to give each elector a clear opportunity to designate by a cross provisio mark in a large blank circular space, three-quarters of an lat'ng u inch in diameter, below the device and above the name of C'f'ha'iioi the party at the head of the ticket or list of candidates his choice of a party ticket and desire to vote for each and every candidatc~thereon, and by a cross mark in a blank enclosed space on the left and before the name of each can- didate his choice of particular candidates. Provided that on the ticket for presidential electors blank enclosed spaces shall not be provided on the left and before the names of Form oi the presidential electors. A cross mark in the large blank dentPai" circular space above the name of the party at the head of electors, said ticket shall constitute a vote and be counted as such for each of the presidential electors thereon. (103 v. 22.) Section 5022. On the back of the ballot shall be lirinted "official ballot," the date of the election and fac- simile of the signatures of the officers who have caused mem"'" the ballots to be printed ; provided, that all ballots con- ^pecine,! laining names of candidates for municipal, township, board of education, and assessor or assessors of real property offices, shall have printed on the back, "official municipal ballot," "official township ballot," "official board of educa- tion ballot," "official assessor of real property ballot," or "official assessors of real property ballot," or by such other name as may properly describe the ballot, as the case may be, followed by the date of the election and facsimile of the signatures of the officers who have caused the ballots to be printed. (loi v. 34.) Section 5023. The ballots shall be printed on the same leaf with a double stub and separated therefrom by a perforated line and shall be bound with the stub attached naiiois. thereto in books or blocks, one for each voting precinct, which book or block shall contain at least twenty-five per cent, more ballots than there were votes cast at such pre- cinct at the preceding general election. Upon the covers of such books or blocks shall be printed the designation of the precinct for which the ballots have been prepared. (loi V. 228.) Main and secondary stubs. circle aMiea of ticket. Cy'l^ BALLOTS AND SUPPLIES. Chap. 8 Section 5024. The main stub shall be printed as fol- lows : Consecutive number , (after these words the consecutive number shall be printed, beginning^ with one and increasing in regular numerical order) ; the deputy state supervisors may direct that such consecutive numbers shall not be printed but shall be written by the ballot officer before delivering the ballot to the elector. Name of voter (After these words, the clerk shall write the voter's name.) Residence (After this word the clerk in cities where registration is required shall write the voter's residence.) The secondary stub shall be printed as follows : Name of voter or registered number (After these words, in precincts where the registration law is in force, the clerk shall write the registered number of the voter, and in other precincts, he shall write the voter's name.) (97 v. 231 § 18.) Section 5025. All ballots shall be printed on the best quality, number two, book paper, in black ink, and, with the e.xception of the heading, which shall be in display, in brevier type, the name or designation of the office in lower case, and the name of the candidate therefor in capital letters, with a space of at least one-fifth of an inch following each name. The name of each candidate shall be printed in a space defined by ruled lines, and with a blank square on its left, enclosed by heavy, dark lines. If upon a ticket there is no candidate or candidates for a designated office, a blank space, equal to the space that would be occupied by such name or names if they were printed thereon with the blank spaces herein provided for, shall be left. (97 v. 231 § 18.) Section 5026. The heading of each party ticket, in- cluding the name of the party, the device above, and the large circle between the device and such name, shall be separated from the rest of the ticket by a heavy line, and the circle above the name of the party in whjch the voter is to place the cross mark, if he desires to vote the straight ticket, shall be defined by heavier lines than the lines de- fining the blank spaces before the names of candidates, and such circle shall be surrounded by the following words, printed in heavy face noniJareil type: "For a straight ticket mark within this circle." (97 v. 231 § 18.) Section 5027. Each party ticket shall be separated from other party tickets and bordered on each side by a heavy border or a broad solid line at least one-eighth of an inch wide, and the edges of the ballot on each side trimmed off up to the border or solid line described. Chap. 8 BALLOTS AND SUPPLIES. "3 [Main stub.] Consecutive number Name of voter Residence [Secondary stub.] Name or registered number of voter. Device. Device. Device. .,B*10Wy ''"'•in -tX^* o Republican Ticket. Democratic Ticket. Proliibition Ticket. For Goveriujr, Name. For Governor, Name. I-or Governor, Name, (97 V. 231 § 18.) BALLOTS AND SUPPLIES. Chap. 8 Separate bal- ship officers provided , Ballot for candidates grouped for Territory : nexed for school pur- for school printed. Section 5028. The names of candidates for municipal offices and the names of candidates for township offices shall be printed upon separate ballots, unless the corporate limits of the municipalities are identical with those of a township. Separate ballots shall be provided in all town- ships and in municipalities having a population of less than two thousand in which no primary is had for making nomi- nations, which ballots so intended for the use of voters shall be so arranged and printed that the names of all candi- dates, whose nominations for any offices specified in the ballot have been duly made, will be grouped under the designation or title of the office for which nominated, in alphabetical order according to surnames. A single blank- line or space shall be left at the end of the list of candi- dates for each different office. (103 v. 520.) Section 5029. In election precincts composed of a township or a part thereof, or a municipality or a part thereof, there shall be provided for all elections separate ballots for each precinct, so as to enable electors residing in such precinct to cast their votes for the proper candidates in such precinct ; and there shall be provided separate bal- lots for each district portion of such precinct which shall contain 'the names of the canflidates for members of the board of education for whom electors residing in such dis- trict are entitled to vote. (98 v. 234 § 15.) Section 5030. When a municipality contains less than fifty voters in the same township, the deputy state super- visors may provide a separate ballot and ballot box for such voters at the regular polling place in an adjoining precinct of the same county. (98 v. 234 § 15) Section 5031. When territory annexed to a village for school purposes is included within such village precinct, separate ballots, ballot box, poll books and tally sheets shall be provided for such voters in municipal elections, presided over by the judges and clerks of elections of such precinct. (98 V. 234 § 15.) Section 5032. The names of candidates for members of the board of education of a school district, however nominated, shall be placed on one independent and separate ballot without any designation whatever, except for mem- ber of board of education and the number of members to be elected. (98 v. 116 § i.) Section 5033. The ballots for members of the board of education shall be prepared and printed as follows: The whole number of ballots to be printed for the school dis- trict shall be divided by the number of candidates for mem- ber of board of education of the district, and the quotient so obtained shall be the number of ballots in each series of ballots to be printed. The names of candidates shall be arranged in alphabetical order and the first series of bal- lots printed. Then the first name shall be placed last and the next series printed, and so shall the process be repeated chap. 8 BALLOTS AND SUPPLIES. 1 until each name shall have been first. These ballots shall then be combined in tablets with no two of the same order of names together, except when there is but one candidate. (98 V. Il6§2.). Section 5034. In city scliool districts, the ballots for schooi