GIFT or ^, 14, t^cW^ Election La^v^s of the STATE of OHIO And of the United States of America So Far as They Relate to the Conduct of £,lections and the Duties of Officers in Connection Therewith ANNOTATED Compiled by THE, SECRETARY OF STATE 1907 jnlo. Laws^sTaTuVe^, eA c- THE ELECTION LAWS OF THE STATE OF OHIO AND OF THE UNITED STATES OF AMERICA so FAR AS THEY RELATE TO THE CONDUCT OF ELECTIONS AND THE DUTIES OF OFFICERS IN CONNECTION THEREWITH. COMPILED BY THE SECRETARY OF STATE ANNOTATED Columbus, Ohio: F. J. Heer, State Printer, 1907. 1 10 7 5 - ^ •»: * *r«f>ir Election Laws of the United States. CITIZENSHIP. Section 1992. All persons born in the United States -,vho are cit- and not subject to any foreign power, excluding Indians not '"ns. taxed, are declared to be citizens of the United States. Sec. 1993. All children heretofore born or hereafter children of bom out of the limits and jurisdiction of the United States, ^Jr^^ *^™ whose fathers were or may be at the time of their birth citi- zens 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 hereafter Carried be married to a citizen of the United States, and who might women, herself be lawfully naturalized, shall be deemed a citizen. Sec. 1995. All persons born in the district of country Persons born formerly known as the territory of Oregon, and subject to '" Oregon, the jurisdiction of the United States on the i8th [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 ef naval service of the United States, and did not return there- c>tKe"s*»«P- to 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 vol- untarily 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- fully served according to his enlistment until the 19th day of April, 1865, and who, without proper authority or leave 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 oflfice in consequence of his desertion. Certain sol- diers and sail- ors exempted from forfeit- ure. 257158 OHIO ELECTION LAWS. Avoiding the draft. Right of ex- patriation de- clared. Protection of naturalized citizens in foreign states. Sec. 1998. Every person who hereafter deserts the militar)' m naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States with intent to avoid any draft into the military or ■ naval service, lawfully ordered, shall be liable to all the pen- alties and forfeitures of section nineteen hundred 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 princi- ple this government has freely received emigrants from all nations, and invested them with the rights of citizenship ; 'and whereas it is claimed that such American citizens, with their descendants, are subjects of forei-^n states, ov/ing alle- giance to the governments thereof; and whereas, it is nec- essary 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 expatriation, is declared inconsistent with the fundamental principles of the republic. Sec. 2000. All naturalized 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. Interference by army or naval officers. Race, color or' previous con- dition not to affect the right to vote. THE ELECTIVE FRANCHISE. Sec. 2003. No officer of the army or navy of the United States shall prescribe or fix, or attempt to prescribe or fix, by proclamation, order, or otherwise, the qualifica- tions of voters in any state, or in any manner interfere 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 previous con- dition of servitude ; any constitution, law, custom, usage, or regulation of any state or territory, or by or under its authority, to the contrary notwithstanding. Aliens, how naturalized. NATURALIZATION. Sec. 2165. An alien may be admitted to become a citi- zen of the United States in the following manner, and not otherwise : OHIO ELECTION LAWS. First. He shall declare en oath, before a circuit or dis- trict court of the United States, or a district or supreme court of the territories, or a court of record of any of the states having common law jurisdiction, and a seal and clerk, two years, at least, prior to his admission, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and, par- ticularly, by name, to the prince, potentate, state, or sover- eighty of which the alien may be at the time a citizen or subject. Second. He shall, at the time of his application to be admitted, declare, on oath, before some one of the courts above specified, that he will support the constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty; and, particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject ; which proceedings shall be recorded by the clerk of the court. Third. It shall be made to appear to the satisfaction of the court admitting such alien that he has resided within the United States five years at least, and within the state or territory where such court is at the time held, one year at least ; and that during that time he has behaved as a man of good moral character, attached to the principles of the con- stitution of the United States, and well disposed to the good order and happiness of the same ; but the oath of the appli- cant shall in no case be allowed to prove his residence. Fourth. In case the alien applying to be admitted to citizenship has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renunciation shall be recorded in the court. Fifth. Any alien who was residing within the limits and under the jurisdiction of the United States before the twenty-ninth day of January, one thousand seven hundred and ninety-five, may be admitted to become a citizen, on due proof made to some one of the courts above specified, that he has resided two years, at least, vvithin the jurisdiction of the United States, and one year, at least, immediately preceding his application, within the state or territory where such court is at the time held ; and on his declaring on oath that he will support the constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, po- tentate, state, or sovereignty, and. particularly, by name, to the prince, potentate, state, or sovereignty whereof he was before a citizen or subject ; and, also on its appearing to the Declaration of intention. Oath to sup- port the con- stitution of the United States. Residence in United States, or states, and good moral character. Titles of no- bility to be renounced. Persons resid- ing in the United States before Janu- ary 29, 1795. OHIO ELECTION LAWS. Persons resid- ing between June 18, 1798, and June 18, 1812; declara- tion for nat- uralization, made. Aliens honor- ably dis- charged from military ser- vice. satisfaction of the court, that during such term of two years- he has behaved as a man of good moral character, attached to the constitution of the United States, and well disposed to the good order and happiness of the same ; and where the alien, applying for admission to citizenship, has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, on his, moreover, making in the court an express renunciation of his title or order of nobility. All of the proceedings, required in this condition to be performed in the court, shall be recorded by the clerk thereof. Sixth. Any alien who was residing within the limits and under the jurisdiction of the United States, between the eighteenth day of June, one thousand seven hundred and ninety-eight, and the eighteenth day of June, one thousand eight hundred and twelve, and who has continued to reside within the same, may be admitted to become a citizen of the Cinited States without having made any previous declaration of his intention to become such ; but whenever any person, without a certificate of such declaration of intention, makes application to be admitted a citizen, it must be proved to the satisfaction of the court, that the applicant was residing within the limits and under the jurisdiction of the United States before the eighteenth of June, one thousand eight hundred and twelve, and has continued to reside within the same ; and the residence of the applicant within the limits and under the jurisdiction of the United States, for at least, five years immediately preceding the time of such application must be proved by the oath of citizens of the United States, which citizen? shall be named in the record as witnesses ; and such continued residence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place where the applicant has resided for at least five years, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the applicant ; otherwise the same shall not entitle him to be con- sidered and deemed a citizen of the United States. [Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the declaration of intention to become a citizen of the United States, required by section two thousand one hundred and sixty-five of the Revised Statutes of the United States, may be made by an alien before the clerk o| any of the courts named in said section two thousand one hundred and sixty- five ; and all such declarations heretofore made before an) such clerk are hereby declared as legal and valid as if made before one of the courts named in said action.] The act of a court of record on admitting a foreign born person to citiz.enship is conclusive on his right to vote, and it can- not he impeached so as to deprive him of that right by slunviiiL; that the admission was. in fact, premature. Esker v. McCoy. 5 O. D. (Reprint) 694. Siic. 2i66. 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 OHIO ELECTION LAWS. forces, and has been, or may be hereinafter, honorably dis- charged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such ; and he shall not be required to prove more than one year's residence within the Unite.d States previous to his application to become-such a citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now pro- vided by law, be satisfied by competent proof of such per- son's having been honorably discharged from the service of the United States. Sec. 2167. Any alien, being under the age of twenty- one vears, who has resided in the United States three years next prececljng his arriving at that age, and who has con- tinued to reside therein to the time he may make application to be admitted a citizen thereof, may, after he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without having made the declaration required in the first condition of section twenty-one hundred and sixt\-five ; but such alien shall make the declaration required therein at the time of his admission ; and shall further declare, on oath, and prove to the satisfaction of the court, that, for two years next pre- ceding, it has been his bona fide intention to become a citizen of the United States ; and he shall in all other respects com- ply with the laws in regard to naturalization. Sec. 2168. When any alien, who has complied with the first condition specified in section twenty-one hundred and sixty-five, dies before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths pre- scribed b\ law. Sec. 2169. The provisions of this title shall apply to aliens [being free white persons, and to aHens] of African nativity and to persons of African descent. Sec. 2170. Xo alien shall be admitted to become a cit- izen who has not fc«" the continued term of five years, next preceding his admission resided within the United States. Sec. 2 171. Xo alien who is a native citizen or subject or a denizen of any country, state, or sovereignty with which the United States are at war, at the time of his application, shall be then admitted to become a citizen of the United States ; but persons resident witiiin the United States, or the territories thereof, on the eighteenth day of June, in the year one thousand eight hundred and twelve, who had be- fore that day made a declaration, according to law, of their intention to become citizens of the United States, or who were on that day entitled to become citizens without making such declaration, may be admitted to become citizens thereof, notwithstanding they were alien enemies at the time and in Minor resi- dents. Widow and children of declarents. .\Hens of .Af rican nativity and descent. Residence of five years in: the Unitea States. Alien enemies not admitted. OHIO ELECTION LAWS. the manner prescribed by the laws heretofore passed on that subject; nor shall anything herein contained be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien. Children of persons nat- uralized under- certain laws to be citizens. Naturalization of seamen. Taking false oath in natur- alization. False person- ation, etc., in procuring naturalization. Sec. 2172. The children of persons who have been "uly naturalized under any law of the United States, or who, i^revious to the passing of any law on that subject, by the government of the United States, may have become citizens cf any one of the states, under the laws thereof, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof ; and the children of persons who now are, or have been, citizens of the Urfited States, shall, though born out of the limits and jurisdiction of the United States, be considei;ed as citizens thereof ; but no per- son heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britian during the Revolutionary War, shall be admitted to become a citizen without the consent of the legislature of the state in which such person was proscribed. Sec. 2174. Every seaman, being a foreigner, who de- clares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant vessel of the United States subse- quent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States ; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant vessel of the United States anything to the contrary in any act of congress notwith- .ttanding; but such seaman shall, for all purposes of protec- tion as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen. Sec. 5395. In all cases where any oath or affidavit is made or taken under or by virtue of any law relating to the naturalization of aliens, or in any proceedings under such laws, any person taking or making such oath or affidavit who knowingly swears falsely, shall be punished by im- prisonment not more than five years, nor less than one year, and by a fine of not more than one thousand dollars. Sec. 5424. Every person applying to be admitted a citizen, or appearing as a witness for any such person, who knowingly personates any other person than himself, or OHIO ELECTION LAWS. Using false certificate of citizen sliip, etc. falsely appears in the name of a deceased person, or in an assumed or fictitious name, or falsely makes, forges, or coim- tsrfeits any oath, notice, affidavit, certificate, order,- record, signature, or other instrument, paper, or proceeding required or authorized by any law relating to or providing for the naturalization of aliens ; or who utters, sells, disposes of, or uses as true cr genuine, or for any unlawful purpose, any false, forged, antedated, or coutiterfeit oath, notice, certifi- cate, order, record, signature, instrum.ent, paper, or proceed- ing above specified ; or sells or disposes of to any person, other than the person for whom it v/as originally issued, any certificate of citizenship, or certificate showing any person to be admitted a citizen, shall be punished by imprisonment at hard labor not less than one year, nor more than five years, or by a fine of not less than three hundred nor more than one thousand dollars, or by both such fine and imprisonment. Sec. 5425. Every person v/ho uses, or attempts to use, or aids, or assists, or participates in the use of any certificate of citizenship, knowing the same to be forged, or counter- feit, or antedated, or knowing the same to have been pro- cured by fraud or otherwise unlawfully obtained ; or who, without lawful excuse, knowingly is possessed of any false, forged, antedated, or counterfeit certificate of citizenship, purporting to have been issued under the provisions of any lav/ of the United States relating to naturalization, knowing such certificate to be false, forged, antedated, or counterfeit, with intent unlawfully to use the same; or obtains, accepts, or receives any certificate of citizenship known to such per- son to have been procured by fraud or by the use of any false name, or by means of any false statement made v/ith intent to procure, or to aid in procuring, the issue of sudi certificate, or known to such person to be fraudulently altered or ante- dated ; and every person who has been or may be admitted to be a citizen who, on oath or by affidavit, knowingly denies that he has been so admitted, with intent to evade or avoid any duty or liability imposed or renuired by law. shall be imprisoned at hard labor not less tuan one year nor more than five years, or be fined not less than three hundred dol- lars nor more than one thousand dollars, or both such pun- ishments may be imposed. Sec. 5426. Every person who in any manner uses fcr using false the purpose of registering as a voter, or as evidence of a etc*' as^^evi- right to vote, or otherwise, unlawfully, any order, certificate dence of a of citizenship, or certificate, judgment, or exemplification, "^ * *" ^°'*' showing any person to Be admitted to be a citizen, whether heretofore or hereafter issued or^made, knowing that such order or certificate, judgment, or exemplification has been unlawfully issued or made ; and every person who unlawfully uses, or attempts to use, any such order or certificate, issued to or in the name of any other person, or in a fictitious name, or the name of a deceased person, shall be punished by im- prisonment at hard labor not less than one year nor more 10 OHIO ELECTION LAWS. Aiding or_ abetting vio- lation of pre- ceding sec- tions. Falsely claim- ing citizen- ship. Provisions ap- plicable to all courts of nat- uralization. than five years, or by a fine of not less than three hundred nor more than one thousand dollars, or by both such fine and imprisonment. Sec. 5427. Every person who knowingly and intention- ally aids or abets any person in the commission of any felony denounced in the three preceding sections, or attempts tO' do an act therein made felony, or counsels, advises, or pro- cures, or attempts to procure, the commission thereof shall be punished in the same manner and to the same extent as- the principal party. Sec. 5428. Every person who knowingly uses any cer- tificate of naturalization heretofore granted by any court, or hereafter granted, which has been or may be procured through fraud or by false evidence, or has been or may be issued by the clerk, or any other officer of the court without, any appearance and hearing of the applicant in court and without lawful authority ; and every person who falsely rep- resents himself to be a citizen of the United States, without having been duly admitted to citizenship, for any fraudulent, purpose whatevet, shall be punishable by a fine of not more than one thousand dollars, or be imprisoned not more than two years, or both. Sec. 5429. The provisions of the five preceding sec- tions shall apply to all proceedings had or taken, or attempted to be had or taken, before any court in which any proceeding for naturalization may be commenced or attempted to be commenced. Intimidating voters by bribery or threats. Conspiracy to injure or in- timidate citi- zens in the exercise of civil rights. CRIMES AGAINST ELECTIVE FRANCHISE. Sec. 5507. Every person who prevents, hinders, con- trols, or intimidates another from exercising, or in exercis- ing, the rig^ht of suffrage, to whom that right is guaranteed by the fifteenth amendment to the constitution of the United States, by means of bribery or threats of depriving such per- son of employment or occupation, or of ejecting such person from a rented house, lands, or other property, or by threats, of refusing to renew leases or contracts for labor, or by threats of violence to himself or family, shall be punished as provided in- the preceding section. Sec. 5508. If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exer- cise or enjoyment of any right or privilege secured to him by the constitution or laws of the United States, or because of his having so exercised the same ; or if two or more per- sons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured, they shall OHIO ELECTION LAWS. It be fined not more than five thousand dollars and imprisoned not more than ten years ; and shall, moreover, be thereafter ineligible to any office, or place of honor, profit, or trust created by the constitution or laws of the United States. 3ec. 5509. If, in the act of violating any provision in Other crimes either of the two preceding sections, any other felony or ^^^ni^rt misdemeanor be committed, the offender shall be punished ceding sec- for the same with such punishment as is attached to such felony or misdemeanor by the laws of the state iij which the offense is committed. Sec. 5510. Every person who, under color of any law. Depriving statute, ordinance, regulation, or custom, subjects or causes '^1*'^? °/ , ' . , S , , . - ■' . civil nghts to be subjected, any mhabitant of any state or territory to under color of the deprivation of any rights, privileges, or immunities, ^^^^ ^''*" secured or protected by the constitution and laws of the United States, or to different punishments, pains, or penal- ties, on account of such inhabitant being an alien, or by reason of his color or race, than are prescribed for the pun- ishment of citizens, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than one year, or by both. Sec. 5516. Every person who wilfully obstructs, bin- obstructing ders or prevents any officer or other person charged with pr^esl^^n*'' the execution of any warrant or process issued under the pro- civil rights visions of sections nineteen hundred and eighty-four and **^^' nineteen hundred and eighty-five, title "Civil Rights," or any person lawfully assiting him, from ar^-'^'^ting any per- son for whose apprehension such warrant or process may have been issued ; or rescues or attempts to rescue such per- son from the custody of the officer or other person lawfully assisting when so arrested, pursuant to the authority herein given ; or aids, abets, or assists any person so arrested, direct- ly or indirectly, to escape from the custody of the officer or other person legally authorized to arrest the party ; or har- bors or conceals any person for whose arrest a warrant or process has been issued, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a warrant has been issued for the apprehension of such person, shall, for any of such offenses, be subject to a fine of not more than one thousand dollars, or imprisonment not more than six months, or both. Sec. 5517. Every marshal and deputy marshal who Marshal re- refuses to receive any warrant or other process when ten- cefve^or°ex^ dered to him, issued in pursuance of the provisions of section ecute process, nineteen hundred and eighty-five, title "Civil Rights." or refuses or neglects to use all proper means diligently to execute the same, shall be liable to a fine in the sum of one thousand dollars, for the benefit of the party aggrieved thereby. 12 OHIO ELECTION LAWS. Conspiracy to prevent ac- cepting or holding office under United States, etc. Conspiracy to deprive any oerson of the oflTial protec- tion of the laws. Unlawful presence of troops at elec- tions. Intimidation of voters by officers, etc., of army or navy. Officers of army or navy prescribing qualifications of voters. Sec. 55 i8. If two or more persons in any state or ter- ritory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from dis- charging any duties thereof ; or to induce by like means any officer of the United States to leave any state, district, or place where his duties as an officer are required to be per- formed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or v/hile engaged in the lawful discharge thereof, or to injure his property, so as to molest, interrupt, hinder, or impede him in the discharge of his official duties ; each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment^ with or with- out hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. Sec. 5519. If two or more persons in any state or ter- ritory conspire, or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and im- munities under the laws ; or for the purpose of preventing or hindering the constituted authorities of any state or territory from giving or securing to all persons within such state or territory the equal protection of the laws ; each of such per- sons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less thaji six months nor more than six years, or by both such fine and imprisonment. Sec. 5528. Every officer of the army or navy, or other person in the civil, military or naval service of the United States, who orders, brings, keeps, or has under his authority or control, any troops or armed men at any place where a general or special election is held in any state, unless such force be necessary -to repel armed enemies of the United States, or to keep the peace at the polls, shall be fined not more than five thousand dollars, and suffer imprisonment at hard labor not less than three months nor more than five years. Sec. 5529. Every officer or other person in the mili- tary or naval service, who, by force, threat, intimidation, order, advice, or otherwise, prevents, or attempts to prevent, any qualified voter of any state from freely exercising the right of suffrage at any general or special election in such state, shall be fined not more than five thousand dollars, and imprisoned at hard labor not more than five years. Sec. 5530. Every officer of the army or navy who pre- scribes or fixes, or attempts to prescribe or fix, whether by proclamation, order, or otherwise, the qualifications of voters at any election in any state, shall b'e punished as provided in the preceding section. OHIO ELECTION LAWS. 13 Sec. 5531. Every officer or other person in the mili- tar)-^ or naval service, who, by force, threat, intimidation, order, or otherwise compels, or attempts to compel, any officer holding an election in any state to receive a vote from a person not legally qualified to vote, or who imposes or attempts to impose, any regulations for conducting any general or special election in a state different from those prescribed by law, or who interferes in any manner with any officer of an election in the discharge of his duty, shall be punished as provided in section fifty-five hundred and twen- ty-nine. Sec. 5532. Every person convicted of any of the offenses specified in the five preceding sections shall, in addition to the punishments therein severally prescribed, be disqualified from holding any office of honor, profit or trust under the United States ; but nothing in those sections shali be construed to prevent any officer, soldier, sailor, or marine from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the state in which he offers to vote. Interference of same with officer of elec- tion, etc. Disqualifica- tion for hold- ing office. OHIO ELECTION LAWS. 15 PROVISIONS OF THE Constitution of the State of Ohio RELATING TO ELECTIONS. ARTICLE V. ELECTIVE FRANCHISE. Sec. I. Every white male citizen of the United States, ■of the age of twenty-one years, who shall have been a resi- -dent of the state one year next preceding the election, and of the county, township, or ward, in which he resides, such time as may be provided by law, shall have the qualifications of an elector, and be entitled to vote at all elections. The constitutional provision requiring a person to have re- sided in the state one year previous to the election, applies to a person who is a minor at the time of coming into the state. T. 10-27-96. Sec. 2. All electiqns shall be by ballot. Who may vote. By ballot. Sec. 3. Electors during their attendance at elections. Votetrs, when and in going to, and returning therefrom, shall be privi- frim ^arrest, leged from arrest in all cases, except treason, felony, and breach of the peace. Sec. 4. The general assembly shall have power to ex- Forfeiture of ■elude from the privilege of voting, or of being eligible to ^E''^ ^""" office, any person convicted of bribery, perjury, or other infamous crimes. Sec. K. Xo person in the militarv. naval, or marine Persons not 1 T -r . , r- 1 11 1 1 "^ • J • consiclered service in the united States, shall, by being stationed in any residents of garrison, or military, or naval station, within the state, be *''^ **^*^' considered a resident of this state. Sec. 6. No idiot, or insane person, shall be entitled to Wiots or in- , . ., . , r ' sang persons. the privileges of an elector. ARTICLE XVII. Section i. Elections for state and county officers shai! be held on the first Tuesdav after the first Mondav in 16 OHIO ELECTION LAWS. November in the even numbered years ; and all elections for all other elective officers shall be held on the first Tuesday after the first Monday in November in the odd numbered years. Sec. 2. The term of office of the governor, lieutenant . governor, attorney-general, secretary of state and treas- urer of state shall be two years, and that of the auditor of state shall be four years. The term of office of the judges of the supreme court and circuit courts shall be such even number of years not less than six (6) years as ma}' be prescribed by the general assembly; that of the judges of the common pleas court six (6) years and of the judges of the probate court, four (4) years, and that of other judges shall be such even number of years not exceeding six (6) years as may be prescribed by the general assembly. The term of office of justices of the peace shall be such even number of years not exceeding four (4) years, as may be prescribed by the general assembly. The term of ■ office of the members of the board of public works shall be such even number of years not exceeding six (6) years as may be so prescribed ; and the term of office of all elective county, township, municipal and school officers shall be such even number of years not exceeding four (4) years as may be .so prescribed. And the general assembly shall have power to so ex- tend existing terms of office as to effect the purpose of section I of this article. Any vacancy which may occur in any elective state office other than that of a member pf the general assembly or of governor, shall be filled by appointment by the gov- . ernor until the disability is removed, or a successor elected and qualified. Every such vacancy shall be filled by elec- tion at the first general election for the office which is vacant, that occurs more than thirty (30) days after the vacancy shall have occurred. The person elelctcd shall fill the office for the unexpired term. All vacancies in other elec- tive offices shall be filled for the unexpired term in such • manner as may be prescribed by law. Sec. 3. Every elective officer holding office when this amendment is adopted, shall continue to hold such office for the full term for which he was elected, and until his successor shall be elected and qualified as provided by law. OHIO ELECTION LAWS. 17 OHIO ELECTION LAWS. ORIGINAL SURVEYED TOWNSHIPS. Sec. 1366. As soon as there are four, or more, electors in any original surveyed township of five or six miles square, or fractional township, wherein there is either the reserved section twenty-nine or sixteen, or where said sec tion sixteen has been disposed of by congress and any other section granted in lieu thereof, whether such other section be situate within or without said original township, and in all other fractional townships which by law are entitled to a section or a part of a section for school purposes, the said electors, or any of them, may apply to the covmty commis- sioners for the organization and incorporation of such orig- inal township or fractional township. [73 v. 186, §1.] Sec. 1367. On the application of any of said electors, and it being made to appear to the satisfaction of the county commissioners, that there are at least four electors in an\ such original township or fractional township, the commis- sioners shall order an election of three trustees and one treasurer therein, and give at least fifteen days' written no- tice of such election, by setting up in three of the most pub- lic places in the township such notices, designating the time and place of such election, and the place shall be as near the center of such township as practicable. [29 v. 490, § 2.] Sec. 1368. Elections in such original surveyed town- ships, shall be held at such times and conducted in such manner as the trustees of such townships may provide, tlic place of holding said elections to be as near the center of the township as can be, and at least fifteen days' notice of such election to be given by notices posted in five or more of the public places of the original surveyed township, and the trus- tees of such township shall be a body corporate, with power to contract and be contracted with, sue and be sued, and to take charge of such section or sections, or parts of section or sections, and to manage the same according to the best in- terests thereof. [97 v. 186.] There is no provision of law for the payment of judges and clerks of elections in original surveyed townships, where such election is held under authority of this section, and other sections following, relating to elections in original townships. L. 11-29-05. When original township _ may be organized and incorpo- rated. Application to commissioners and their order thereon, and notice of election. Conduct of elections in. Powers of trustees. 18 OHIO ELECTION LAWS. When county auditor may appoint trustees or treasurer. When election may be held to fill vacancy. J.^.ce^and sub- ^^'^- ^3^- The tfustccs and treasurer shall hold their sequent eiec- offices for three years, and a like election shall be held every third year, of which the trustees shall give fifteen days' previous notice as aforesaid. If said trustees shall at any time fail to give said fifteen days' notice; then the county auditor shall appoint from among the electors of such town- ship three trustees and one treasurer, who shall hold their offices for the same term and perform the same duties and have the same powers as if elected as aforesaid. [97 v. 186.] Sec. 1 37 1. When it comes to the knowledge of the county auditor that the electors of any such township have failed to apply to the commissioners as aforesaid, for one year after such application is authorized, or that in any such township the trustees and treasurer elected have failed to qualify or to perform the duties incumbent upon them, the auditor shall appoint from among the electors of such town- ship three trustees and one treasurer, who shall hold their offices for the same term and perform the same duties, and have the same powers as if elected as aforesaid. And in case the term of office of such trustees and treasurer have ex- pired, and no successors have been elected or appointed, as l:y this chapter provided, an election may be ordered, as provided in section thirteen hundred and sixty-seven. In case such application is made, the commissioners of the county in which said reserved section, or part thereof, is substituted, shall order an election, designating the time and place of holding the same. Said election shall be held at such times and conducted in such manner as said commis- sioners may provide. [97 v. 186.] Sec. 1418. Section sixteen, and all lands in lieu there- of, granted for school purposes, may be sold, and such sales shall be according to the re;^ulations hereinafter prescribed. [70 V. 195, § 133.] Sec. 1419. In cases where there has been no vote taken for the sale of any such land, the trustees of any township to which such lands belong, shall, at least thirty days prior to the taking of such vote, cause not less than eight notices to be posted up in as many of the most pubhc places of such township, notifyin-i^ the voters resident therein to meet at some convenient place and time therein specified, and then and there cast their ballots for or against the sale of any such lands belonging to such township ; and if such vote result in a refusal to sell such lands, the trustees may, in the same manner, authorize the taking of a subsequent vote as often as they deem proper ; but no such subsequent vote shall be taken until one year has elapsed since the last preceding vote. [70 v. 195, § 134.] Trustees of Sec. 1420. The trustccs of the township shall preside p^reride'^'at * at the taking of such ballots, and shall appoint two clerks, meeting. ^^^ shall keep two poll-books, containing the names of the School lands may be sold. Proceedings when vote has not been taken. Trustees mav authorize sub- sequent vote. OHIO ELECTION LAWS. 19 Election in _ new township. voters and the result of the ballot, which poll-books must JJ"^^it|d*" be signed by the trustees and clerks ; and in case such bal- with auditor, lots result in favor of a sale, the trustees shall, within ten days after such election, deposit one of said poll-books with the auditor of the county within which said lands (or the greater portion thereof) are situated, with a copy of the no- tice given, and the affidavit of one or more of the trustees, stating the manner of giving such notices, and the time and . place of putting up the same, which notices, affidavit, and • poll-book shall be by said auditor copied into a book for that purpose to be provided, and when so recorded, such record shall be proof of the facts therein stated. [70 v. 195, § I35-] CIVIL TOWNSHIPS. Sec. 1441. When a new township is set off, the county commissioners shall forthwith give public notice by adver- tisement, in three public places in such township, at least ten days before the time, of the time and place of holding an election for township officers, and the electors of such town- ship shall at such time and place assemble, and then and there elect township officers ; and the officers so elected shall hold their offices until the next annual township election, and their successors are elected and qualified. [51 v. 489, § 4.] Sec. 1442. Township offiers shall be chosen for a term of two years and justices of the peace for a term of four years, by the electors of each township, on the first Tuesday after the first Monday in November in the odd numbered years, and their terms of office shall commence on the first day of Januarv next after their election. [98 O. L. 171.] Sec. 1443. The trustees shall fix the place of holding elections within their township, or oT any election precinct thereof, and they may purchase or lease for this purpose a house and suitable grounds, or by permanent lease or other- wise, a site, and erect thereon a house ; and upon a vote of a majority of the electors of the township or a precinct thereof votin-^f at any general election in favor of a tax therefor, at least thirty days' notice having been given by posting up such written notices in at least five of the most public places in such township or precinct that at such election a vote would be taken for or against a tax to purchase a site and build a town hall, the trustees may purchase a site and erect thereon a town hall for such township or precinct, the whole not to cost over two thousand dollars, and levy a tax on all the taxable property within such township or precinct to pay the same. [90 v. 257.] An election will not be declared void because the notice re- ouired by statute was not given for the full length of time speci- fied, when it appears that the great bod}' of electors has actual notice! of and participated in the election. Harpster v. B rower, et al'. 5. C. C. 395. Township offi- cers and jus- tices of the peace ; elec- tion and be- ginning of term. Place of hold- ing elections Town hall. 20 OHIO ELECTION LAWS. Notice of township elec- tion. How notice served. or^dir at^eflc- ^^^- H44- The trustces at every election, or township tions. meeting, have power to cause any disorderly person to be removed, and, if necessary, confined until the close of such election, or meeting ; and every constable present shall obey their orders and directions, for the purpose of preserving order at such meeting. [51 v. 489, § 24.] Sec. 1445. At least twenty days before the regular election for township officers, the trustees shall issue their warrant to a constable of the township, directing him to notify the electors of such township to assemble at the time and place appointed for the regular election, and such war- rant shall enumerate the officers to be chosen at such elec- tion ; and, on application of two or more freeholders of the township, for that purpose, the trustees shall insert in such warrant such other question, if any, as may be proposed to be submitted at such election. [98 O. L. 171.] Sec. 1446. The constable who receives such warrant shall notify the electors of the township, by setting up copies of such warrant in at least three public places in such town- ship, at least ten days before the meeting of the electors ; but where the office of one or more of the trustees is vacant, the township clerk, together with the trustee or trustees in office, shall issue the warrant aforesaid. [51 v. 489, § 17.] Sec. 1392. In all 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 town- ships, by posting up written or printed notices in such num- ber of places as to them seem proper, for the general in- formation of the electors of the several precincts. [51 v. 497, S. & C. 1573.] Sec. 1448. There shall be elected in each township one township clerk, three trustees, one township treasurer and sitch number of constables as may be directed by the trustees, and the judges and clerks in discharging their duties at such election shall be governed in all respects by the law regulat- ing elections ; and in case any two or more persons have the highest and an equal number of votes for any one of the township offices directed to be filled, the clerk of the town- ship shall determine by lot which of the persons is duly elected. [98 O. L. 172.] • The election of a road supervisor is held under the provisions of this section, and not under the Australian Ballot Law, hence a judge of such election was not rendered ineligible to serve, be- cause of the fact that he was a candidate for road supervisor. K. 4-8-97. In a proceeding to contest the election of a township trustee held under the Australian Ballot Law, rejection and destruction of the ballots by the judges of election is not final or conclusive, but the contents of the ballots thus rejected and destroyed may be shown by parole. State ex rel. v. Conser, 6 C. C. (N. S.) 119. Notice of holding elec- tions. Election of township officers. Laws govern- ing judges and clerks. Tie vote. OHIO ELECTION LAWS. 21 tion, term and vacancies. In the absence of any statutory provision for the contest of election of township officers quo tvarranto is the proper remedy for determining the legality of an election of township trustee. State ex rel. v. Conser, 5 C. C. (N. S.) 119. A statute will not be construed as abridging or appealing the right to contest an election for fraud or mistake unless such in- tention is clearly expressed. State ex rel. v. Conser, 5 C. C. (N. S.) 119. Sec. I. That in any township in which there have Township been located and established county or township ditches, or visor; ^e^I in which county or township ditches may hereafter be lo- cated and established, there may at the time and in the man- ner provided by law for the election of township officers, be elected a township ditch supervisor, who shall serve for a term of four years. In case a vacancy occurs in this office, by resignation or otherwise, the township trustees shall fill said vacancy by appointment, until the next proper election, when a successor shall be chosen for the unexpired term. [98 O. L. 280.] Sec. 2996. Elections for township officers shall be held in the same precincts, and by the same judges of elec- tion, as provided in this title for the election of state and county officers ; and returns of township elections shall be made by the judges thereof in the several election precincts, to the proper township clerks, within one day after the elec- tion. [69 V. 202, § I.] The ballot laws do not provide a form of ballot for the elec- tion of road supervisors. It is customary with the deputy state supervisor to print the township tickets with a blank space on the same under the designation ; "For Road Supervisor District." The voters may write the names of candidates in such space under the designation, and fill in the blank with the proper district number and the judges and clerks of election should canvass the same and certify the result to the township clerk. L. 9-28-05. Where and how town- ship elections to be held. JUSTICES OF THE PEACE. Sec. 566. When a new township is set off, the court of common pleas of the proper county shall determine on a suitable number of justices of the peace for such township, and the day of election, and the clerk of the court shall trans- mit a copy of the proceedings thereof to the trustees of the same, who shall immediately give notice to the electors, in the manner pointed out in section five hundred and sixty- seven, to elect the justices so determined on ; and should there be no trustees of the township, the clerk shall give notice of such election by causing advertisements to be set up in three public places in the township, not less than ten nor more than fifteen days previous to the election desig- nating the time and place of holding such election. [51 v. 406, § I.] The nominees for the office of justice of the peace of a town- ship containing more than one precinct, receiving the highest number of votes, of such township are entitled to the certificates Common pleas court, shall fix number for new town- ships. 22 OHIO ELECTION LAWS. Justices of the peace ; va- cancies to be filled by ap- pointment by trustees. Election and term. Notice to county clerk by trustees. Question of township library shall be submitted to electors. Hearse and vault may be provided if electors vote for same. of election without regard to the precinct in which they reside. L. 11-13-05. Sec. 567. When a vacancy occurs in the office of jus- tice of the peace in any township, either by death, removal, absence at any time for the space of six months, resignation, refusal to serve, or otherwise, the trustees, having notice thereof, shall, within ten days from and after such notice, fill any such vacancy by appointing a suitable and qualified resident of the township who shall serve as justice until the next regular election for justice of the peace, and until his successor is elected and qualified ; and the votes of a ma- jority of the trustees shall be necessary to appoint. At the next regular election for such office some suitable person shall be elected justice in the manner provided by law, for the term of four years commencing on the first day of Janu- ary next thereafter; and the clerk of the court, in certify- ii;£ to the secretary of state the appointment of a justice of ihc peace to fill any such vacancy, shall specify in his certifi- cate, the name of the justice of the peace whose place is sup- plied by the person whose appointment is so certified, and also the date when such vacancy occurred ; and to enable the clerk of the court to comply with so much of this section as relates to his duties, the trustees shall notify him of any such vacancy, and the date when it occurred ; and in case the elec- tion of an additional justice of the peace in any township is authorized by the proper authority, the clerk of the court, in certifying his election to the secretary of state, shall state in his certificate that he is such additional justice of the peace, so authorized and elected. [98 O. L. 171.] Sec. 1476. The trustees of any township, on the pe- tition of twenty electors thereof, shall upon four weeks' public notice, published in some paper of general circula- tion in the county, submit to the electors of such township, at some general election in November, the question whether there shall be a public library established in such township for the use and benefit of the citizens thereof, and those voting at siich election in favor of such library, shall put upon their ballots the words "Public library — yes," and those voting thereat against such library, the words, "Public library — no ;" and if a majority of the electors voting at such election vote in favor thereof, the trustees aforesaid have authority, annually, to levy upon all the taxable prop- erty of such township a tax not exceeding one mill on the dollar valuation thereof, to be applied to the establishment and maintenance of a library, as aforesaid, and the procuring of a suitable room or rooms for the same. [97 v. 189.] Sec. 1485. The trustees of any township are author- ized to levy a tax in such amount, as shall be by them determined, to purchase a hearse and build a vault, or for either of said purposes, for the use of said township to be OHIO ELECTION LAWS. 23 under the control of the trustees thereof, or some person ap- pointed by them ; but the question of levying such tax, for either or both of said purposes, and the amount asked there- for shall be separately submitted to the qualified electors of the township at some general election, twenty days' notice thereof having been previously given by posting, in at lea^t three public places in said township; the notice shall stat2 specifically the amount to be raised, and for what purpos.-. either for purchase of hearse, or erection of vault, and if a majority of all the votes cast at such election are in favor o either, .or both of said propositions, the same shall be co:i- sidered adopted, and the tax herein provided for authorize! [75 V. 46, § I.] Sec. i486. The electors voting at said election sh::!l have placed on their ballots the words, "Tax for hearse — Yes," or "Tax for hearse — No,'' and upon the same ballot. "Tax for vault — Yes," or "Tax for vault — Xo,"' and mv.v vote for one proposition and against the other, or for or against both. [75 v. 46, § 2.] Election therefor. incorporation. IXXORPORATION OF VILLAGES AND HAMLETS. Sec. 1561a. When the inhabitants of any territory or Petttion to portion thereof desire that such territory shall be incorpor- trustees for ated into a village or hamlet they shall make application to the trustees of the township [in which] the territory is located, and if the territory is located in more than one town- ship, to the trustees of the township in which the majority of the said inhabitants reside, by petition, signed by at least 30 electors thereof, a majority of whom shall be freeholders. Said petition shall be accompanied by an accurate map of the territory, and shall contain in addition to the matter set forth in section. 1555 of the Revised Statutes of Ohio, the request of the petitioners that an election be held to obtain the sense of the electors upon such incorporation and such petition may be presented at a regular or special meeting of the township trustees. [94 v. 18.] Sec. 1 5616. When the township trustees receive the petition, together with the proof that the persons who signed it are electors, and reside within the limits of the proposed incorporation, and that a majority of them are freeholders, they shall then make and declare that such territory shall, with the assent of the qualified voters thereof as hereinafter provided, be an incorporated village or hamlet by the name specified in the. petition aforesaid, and they shall also include in such order, a notice for the election by the qualified voters, residents in said territory, at a convenient place therein to be by them named, on some day within fifteen days thereafter, to determine whether such territory shall be incorporated, and said township trustees shall give ten days' notice of such election by publication in a newspaper Procedure of trustees upon receipt of pe- tition. 24 OHIO ELECTION LAWS. of general circulation in such territory, and cause written or printed notices thereof, to be posted in three or more public places in said territory proposed to be incorporated. [92 V. 333.] Son'questiion ^^^- ^5^^^" ^^^ towuship trustces shall be judges of and procedure ihe Ucction, and the township clerk shall be clerk thereof, thereafter. ^^^^ ^^^ election shall, as far as practicable, be conducted in the manner prescribed for the election of township officers, and the ballots shall contain the words "For incorporation" and "Against incorporation," and if a majority of the ballots cast at such election shall contain thereon the words "Against incorporation," the voters of such territory shall be deemed not to have assented to the incorporation thereof, and no further proceedings shall be had in relation thereto, but this shall not be a bar to other proceedings for the same purpose; but if a majority of the ballots cast sh'all have thereon the words "For incorporation," the township trustees shall cause to be entered on the journal, a minute of all their proceedings, the number of votes cast at the election, the number of votes cast for incorporation, and the number- cast against incorporation, and they shall then de- clare that said territory shall from that time be deemed an incorporated village or hamlet, and shall make an order declaring that such village or hamlet has been incorporated by the name adopted, and the trustees shall make a certified transcript of the journal entries of all their proceedings, to- gether with their original petition and plat, and a majority of them having signed it, they shall deliver the same to the county recorder, who shall forthwith make a record of the petition, transcript and plat or map, in the public book of ' records, and preserve in his office the original papers de- livered to him by the trustees, and certify thereon that the transcribed petition and map are properly recorded. When the recorder has so made said record, he shall certify and forward to the secretary of state, a transcript of the same. The corporation shall then be a village or hamlet, as the case may be, under the name adopted in the petition, with all powers and authorities, and be recognized as such, the same as if such incorporation had been organized under chapter 2, division 2, title 12 of the Revised Statutes of Injunction; Ohio, but no injunction shall be brought, as provided in erro?" *°' section 1 562 of the Revised Statutes of Ohio unless the same be instituted within ten days from the filing of the papers with the county recorder ; provided, however, that the right of petition to the court of common pleas for error, shall exist as is provided for in the following sections of this chapter. [92 V. 334.] The submission of a question of incorporation is governed by the special provisions of this section, and not by the super- visory election law. L. 2-28-05. OHIO ELECTION LAWS. 25 NEWLY CREATED HAMLET OR VILLAGE. Sec. 1565. The first .election of officers for such cor- poration shall be at the first annual municipal election after its creation, and the place of holding the election shall be fixed by the agent of the petitioners, and notice thereof, printed or plainly written, shall be posted by him at three or more public places within the limits of the corporation, at least ten days before the election ; which election shall be conducted, and the officers chosen and qualified, in the manner prescribed for the election of township officers ; provided, that such first election may be a special election held at any time not exceeding six months after the incor- poration, and the time and place of holding such special election shall be fixed by the agent aforesaid, and notice tliereof shall be given as is required in this section for the annual municipal election. [73 v. 157, § 24.] The returns of the first election for village officers should be made to the township clerk, whose duty it is to canvass the returns and issue certificates of election to the officers of the newly constituted village. Thereafter all returns of municipal elections will be made to the clerk of the village. L. 1-30-06. Sec. 1566a. That any territory requiring police pro- tection and containing a population of not less than fifty persons and immediately surrounding a summer resort, park, lake or picnic ground, kept regularly for such outing and pleasure, may incorporate by setting up notices of an election in three of the most public places in the territory proposed to be included in the incorporation signed by five citizens and electors of the territory. Said notices to be posted at least ten days before the election, stating time and place where such election shall be held, and shall contain an accurate description of the territory proposed to be taken into the incorporation. The election shall, as far as practicable, be conducted in the manner prescribed for the election of town- ship officers. The electors present shall choose three judges and two clerks from the electors present to act as judges and clerks of said election, and the ballot shall contain the words : "For incorporation'' and "Against incorporation." If the majority of the ballots cast at such election shall contain the words "For incorporation," it shall be deemed that the citizens of the designated territory have assented to such incorporation. And, if the majority of the ballots cast at such election shall contain the words "Against incorpora- tion," it shall be deemed that the people of said designated territory shall not have assented to the incorporation thereof. Such laws governing the creation and regulation of incor- porated villages in force and such as may be hereinafter enacted shall have full force and effect in so far as are not inconsistent and do not conflict with the provisions of this act. [95 V. 469.] Election of officers. Incorporation of territory surrounding summer re- sorts, etc. Laws to govern. 26 OHIO ELECTION LAWS. SURRENDER OF CORPORATE POWERS. surremfer"^^ SECTION 4. Villascs may. Surrender their corporate their corpor- powcrs upon petition to council of at least forty per cent, procedure.^' of the elcctors thereof, to be determined by the number voting at the last municipal election, and an affirmative vote of a majority of said electors at a special election which shall be provided for by council, and conducted and canvassed, and the result certified and made known as regular municipal elections within the corporation. If the result of the election is in favor of such surrender, the clerk of the village shall certify the same to the secretary of state and the recorder of the county, who shall record the same in their respective offices, and thereupon the corporate powers of such village shall cease ; provided that such surrender of corporate powers shall not affect vested rights or accrfted liabilities 6f such village, or the power to settle claims, dispose of property, or levy and collect taxes to pay exist- ing obligations.; but after the presentation of the petition herein referred to, council shall not create any new lia- bility until the result of the election is declared, nor thereafter, if such result is in favor of the surrender of corporate powers ; provided, further, that due and unpaid taxes may thereafter be collected, and all moneys or prop- erty remaining after such surrender shall belong to the school district embracing such village. All courts shall take judicial notice of the classifica- tion of the municipal corporations, and their advance- ment, reduction and surrender of powers. [96 v. 21.] Annexation of one munici- pality to another. Submission of question to vote. Ordinance for purpose. ANNEXATION OF ONE MUNICIPAL CORPORA- TION TO ANOTHER. Sec. 1606. When the inhabitants, generally, of any municipal corporation, the territory of which shall be con- tiguous, and adjoining the territory of another municipal corporation, desire to be annexed to such other corporation, such annexation shall be effected in 'the manner hereinafter described. [66 v. 267, § 697.] Sec. 1607. The trustees or council of the corporation proposing such annexation shall submit the question of annexation to the electors of the corporation, and the trus- tees or council of the incorporation to which the annexation is proposed to be made, shall also submit the same question to its electors. [66 v. 267, § 698.]" Sec. 1608. The submission shall be by ordinances adopted by the trustees or council of each corporation at least thirty days prior to an annual election, at which elec- tion the vote shall be taken, and the ordinances shall each prescribe the manner in which su ;h submission shall be OHIO ELECTION LAWS. 27 made, and they shall be published in each corporation, by posters or otherwise, in such manner as the respective trustees or councils may deem most expedient, for the period of at least twenty days prior to the day fixed for such elec- tion. [66 V. 268, § 700.] Sec. 1609. If a majority of the electors of each cor- poration, voting on the question so submitted, is in favor 01 such annexation, the trustees or council of each shall there- upon cause the result to be certified to the other corpora- tion. [66 V. 268, § 700.] Result, if favor able, to be certified. Municipal offi- cers; election and beginning • of term. ELECTION OF MUNICIPAL OFFICERS. Sec. 222. All elective municipal officers, and judges and clerks of police courts and assessors shall be chosen on the first Tuesday after the first Monday in November in the odd numbered years, for a term of two years, excepi judges of police courts who shall be chosen for a term of four years, and their respective terms of office shall com- mence on the first dav of January next after their election. [98 O. L. 172.] Sec. 1718. In municipal corporations divided into wards, as assessor shall be elected in each ward at every annual .election. He shall take the same oath, give the same bond and perform the same duties as are provided ^ with respect to township assessors. Provided, that in any township, composed in part of a municipal corporation or municipal corporations, the county commissioners, may, by order entered on their journal, constitute the territory out- side such municipal corporation or corporations one or more assessor districts, in each of which an assessor shall be elected annually, in accordance with law. Provided, also that nothing herein shall interfere with the duties now de- volving upon deputy state supervisors of elections. [91 v. 76.] Sec. 1725. The council of every municipal corpora- tion shall designate the place or places for holding the regu- lar elections ; and in all corporations divided into wards, there shall be a place or places in each ward designated for holding elections. [67 v. 70, § 72.] Under this section giving council authority to control the location of voting places within a village, it is the duty of such village to pay the rent of such rooms or buildings, so selected, from the general revenue of the village. L. 12-11-05. It is the duty of the proper officers of the municipality to pay the expense of the rent of all such places so designated by counsel for election purposes. L. 11-12-06. Sec. 1726. The mayor, previous to any election for a Mayor's eiec- municipal officer or officers, shall issue a proclamation to mation.™*^ ^*^ the electors of the corporation, or of the respective wards Election, oath, bond and du- ties or asses- sors. Assessor dis- tricts in cer- tain towp- ships. Duties of deputy super- visors. Designation of election. 28 OHIO ELECTION LAWS. Who are electors. •Election re- turns, when opened. Abstract of ■votes. Tie vote ; de- cision by lot. or districts, 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 some news- paper Drinted in the corporation, at least ten days previous to the election, or, if no such newspaper is published in the corporation, such notice may be given by posters. [66 v. i6i, § 73] Sec. 1727. A person who, at the time of an election for municipal officers, is an elector for county officers, and resides in the ward, or corporation, if there be no wards, in which he offers to vote, is a qualified elector ; and the elec- tions shall be held and conducted, in all respects, in the man- ner prescribed by law in case of township elections. [66 v. 162, § 74.] Sec. 1728. Returns of municipal elections in corpora- tions which are divided into election districts or wards, shall be made to the clerk or auditor of the corporation, and be opened by him^ within the time prescribed for the open- ing of the returns of county elections. [97 v. 190.] See Lillard v. Ampt, 4 N. P. 305. Sec. 1729. The clerk or auditor, or in his absence or disability, some person to be selected by the council, shall call to his assistance the mayor, and in his presence, make an abstract and ascertain the candidates elected, as re- quired by law with respect to county officers ; and he shall, in like manner, make a certificate as to each candidate so elected, and cause the same to be delivered to him, or left at his usual place of abode ; provided, that if there is no mayor, or the mayor is absent or disabled, or a candidate at such election, the clerk shall call to his assistance a justice of the peace of the county. [97 v. 190.] The village clerk in canvassing the returns of a village eleC'^ tion has no authority to go back of the returns made by the judges and clerks of election. The proper course is to issue cer- tificates to the persons shown by the face of such returns to have received a majority of the votes cast for the several offices named therein. Should any person be aggrieved by- errors made in the printing of the ballots, such errors can only be corrected by a contest brought by the person aggrieved in a competent court against the persons shown on the face of the returns to have been elected. L. 1U27-05. Sec. 1 73 1. If the result cannot be determined from the votes cast, for the reason that more than the number of persons to be elected have an equal number of votes for the same office, then the officers whose duty it is to ascertain the persons elected, shall determine by lot which of such persons shall be declared elected ; and the election of any municipal officer, except a member of the council, may be contested in the manner provided by law for contesting the election of justices of the peace, except in cities of the first i^rade of the first class, such election may be contested only OHIO ELECTION LAWS. 29 in the manner provided for contesting the election of county officers. [67 V. 70, § 78.] The determination by a council of the contested election of a number of its body, cannot be reviewed on error. Steams v. Village of Wyoming et al. 53 O. S. 352. The jury selected to try a contested election case instituted by a rival candidate against one who has, by the proper authority, been declared duly elected to the office of mayor at a regular munici- pal election, is authorized to decide, and should determine which of the candidates was elected, or, that there was no valid electiorr of either, as the fact may warrant; a finding that the contestee did not receive a majority of all the legal votes cast at that election, and a decision that, therefore, he was not elected to the office, is incomplete, and insufficient to defeat his title to the office. State ex rel. v. Wright, 56 O. S. 540. A mayor of a municipal corporation who has been regularly elected to the office, is entitled to serve until his successor is quali- fied: and while he continues to so serve on account of the failure to elect his successor there is no vacancy, in the office nor is the council authorized to make an appointment thereto. ' State ex rel. v. Wright, 56 O. S. 540. Sec. 1838. The mayor shall, three days previous to and on the day of any election, issue a proclamation to the public, settiuio^ forth therein the substance of the enactments to prohibit the sale of intoxicating liquors on that day ; and it- shall be the duty of the mayor to take proper measures for the enforcement of such enactment. [61 v. 24, §1.] The expense of printing of the Mayor's proclamatioo, required by this section, must be paid by the municipality. L. 11-12-06. Proclamation as to sale of liquors on election day. TOWNSHIP AND MUNICIPAL BONDS. Sec. 2835. That the trustees of any township, or the council of any municipal corporation of the state of Ohio, shall have the power to issue and sell bonds in such amounts and denominations, for such period of time and at such rate of interest, not exceeding six per cent., and in such manner as is provided by law for the sale of bonds by such township or municipal corporation, for any of the purposes provided for in this act, whenever such trustees or council by an affir- mative vote of not less than, two-thirds of the members elected or appointed thereto shall by resolution or ordinance deem the same necessary. 1. For procuring the real estate and right of way for any improvement authorized by this section, or for purchas- ing real estate with a building or buildings thereon, to be used for public purposes. 2. For extending, enlarging, improving, repairing or securing a more complete enjoyment of any building or im- provement authorized by this section, and for equipping and furnishing the same. 3. For sanitary purposes and for erecting a crematory or providing other means for disposing of garbage and re- fuse matters. Townships and munici- palities may issue and seU bonds for purposes specified in this act. 30 OHIO ELECTION LAWS. 4. For improving highways leading into the township or corporation, or for building or irnproving a turnpike, or for purchasing one or more turnpike roads and making the same free. 5. For constructing wharves and landings on navi- gable waters. 6. For erecting infirmaries. 7. For erecting workhouses, prisons and police sta- tions. 8. For erecting houses of refuge and corrections. 9. For erecting market houses and providing market places. 10. For erecting public halls a;nd public ofifices. 11. For erecting or purchasing waterworks and sup- plying water to the township, or corporation and the in- habitants thereof. 12. For erecting or purchasing gas works or electric light works, and for supplying light to the township or cor- poration and the inhabitants thereof. 13. For providing grounds for cemeteries or cremator- ies, for enclosing and embellishing the same, and for erect- ing vaults. 14. For constructing sewers, sewage disposal works, flushing tunnels, drains and ditches. 15. For establishing free public libraries and reading rooms. 16. For the establishment of free public baths. 17. For erecting monuments to commemorate the ser- vices of soldiers, sailors and marines of the state and nation. 18. For improving any water course or water front. 19. For the payment of obligations arising from emer- gencies resulting from epidemics, or floods, or other forces of nature. 20. For purchasing and condemning the necessary land for park and boulevard purposes and for improving the same as well as for improving or completing the im- provement of any existing boulevard, park, or parks. 21. For erecting hospitals and pest houses and for rebuilding, or improving existing hospitals and pest houses. 22. For resurfacing, repairing, or improving any ex- isting street or streets as well as other public highways. 23. For opening, widening and extending any street or public highway. 24. For purchasing or condemning any land necessary for street or highway purposes, and for improving the same or paying any portion of the cost of such improvement. 25. For constructing levees and embankments or pav- ing or improving the same, and for improving any water OHIO ELECTION LAWS. 31 course passing through said township or municipal corpora- tion. 26. For constructing or repairing viaducts, bridges and culverts, and for purchasing or condemning the neces- sary land therefor. 2^. For erecting any building necessary for a fire de- partment, purchasing fire engines, fire boats, constructing water towers, and fire cisterns, aod paying the cost of plac- ing underground the wires or other signal apparatus of any fire department. The. bonds herein authorized may be issued for any or all purposes enumerated herein, but the total bonded in- debtedness hereafter created in any one fiscal year under the authority of this act by any township or municipal corpora- tion shall not exceed one (i) per cent, of the total value of all property in such township or municipal corporation, as listed and assessed for taxation, except as otherwise pro- vided in this act. Whenever the trustees of any township or the council of any municipal corporation, shall by resolution or or- dinance passed by an affirmative vote of not less than two- thirds of all the members elected or appointed thereto, deem it necessary- in any one fiscal }ear to issue bonds for all or any of. the purposes authorized in this act in any amount greater than one per cent, of the total value of all property in such township or municipal corporation as listed and as- sessed for taxation, then and in that event they shall submit the question of issuing any bonds in excess of said one per cent, to a vote of the qualified electors of such township or municipal corporation at a general or special election in the manner hereafter provided in section 2837, Revised Statutes. Provided, however, that the net indebtedness incurred by any township or municipal corporation, after the passage of section 2835, Revised Statutes, as amended April 29, 1902, for the purpose herein enumerated, shall never exceed four (4) per cent, of the total value of all property in such township or municipal corporation, as listed and assessed for taxation, unless an excess of such amount is authorized by vote of the qualified electors of such township or municipal corporation in the manner hereafter provided in section 2837, Revised Statutes. In arriving at the net indebtedness incurred, allowance shall be made only for the amount held in the sinking fund for the redemption of bonds theretofore issued under the provisions of section 2835 as amended April 29, 1902, and subsequently, and the net indebtedness shall be held to be the difference between the par value of all such outstanding and unpaid bonds and the amount held in the sinking fund for their redemption. j-"or the purposes of this act the fiscal year shall here- after be the calendar year, from January i to December 31, Total bonded indebtedness permitted to be created by township or municipality in any one year. Exception ; may exceed said amount after submis- sion of ques- tion to vote. Amount ot net indebted- ness permitted to be in- curred by township or municipality at any time; exception. "Net indebt- edness" de- fined. Fiscal year for purposes of this act. 32 OHIO ELECTION LAWS. VVhen limita- tion above prescribed not applicable. Tax shall be levied to pay bonds and interest; ex- ception. Procedure When ques- tion of bond issue must be submitted to vote. inclusive, and an indebtedness shall not be deemed to have been created or incurred, where the work is to be done by or through the officers of the township or municipal corpora- tion, until the bonds therefor have been issued and sold. Sec. 28356. Provided further that the limitations of one per cent, and four per cent, prescribed in section 2835, Revised Statutes, shall not be construed as affecting bonds issued under authority of said section 2835 upon the ap- proval of the electors of the corporation, nor shall bonds which are to be paid for by assessments specially levied upon abutting property, nor bonds issued for the purpose of con- structing, improving and extending waterworks when the income from such waterworks is sufficient to cover the cost of all operating expenses, interest charges and to pass a suf- ficient amount to a sinking fund to retire such bonds when they become due, nor any bonds issued prior to the passage of section. 2835, Revised Statutes, as amended April 29, 1902, be deemed as subject to the provisions and limitations of said section, or be considered in arriving at the limitations therein provided. [98 O. L. 66.] Sec. 2836. For the payment of bonds issued under the authority of section 2835 of the Revised Statutes or issued after a submission of the question to the people under the provisions of section 2837 of the Revised Statutes, the trus- tees of any township or the council of any municipal cor- poration shall, unless the interest on and redemption of such bond is otherwise provided for, levy a tax in addition to all levies now authorized by law, every year during the period said bonds have to run sufficient to pay the interest on said bonds and to provide a sinking fund for their final redemp- tion at maturity. [98 O. L. ^.] Sec. 2837. Before any bonds in excess of the said one per cent, in any one year or in excess of the said four per- cent, in the aggregate are issued or tax levied, as provided in sections 2835 and 2836, Revised Statutes, the question of is- suing the same shall be submitted to the voters of the town- ship or municipal corporation at a general or special election. And whenever the trustees of any township or the council of any municipal corporation shall by resolution or ordinance passed by an affirmative vote of not less than two-thirds of all the members elected or appointed thereto, declare it nec- essary to issue and sell the bonds of such township or mu- nicipal corporation as the case may be, for any or either of the purposes mentioned in section 2835 of the Revised Stat- utes in excess of the amounts therein authorized, and shall by such resolution or ordinance fix a date upon which the question of issuing and selling such bonds shall be sub- mitted to the electors of such township, or municipal cor- poration, and shall cause a copy of such resolution or or- dinance to be certified to the deputy state supervisors of the OHIO ELECTIO?f LAWS. 33 Xiimber of votes neces- ^a^y to au- thorize issue. count} in which such township or municipal corporation is situated, and such deputy state supervisor shall thereupon proceed to prepare the ballots and make all other necessary arrangements for the submission of such question to the electors of any such township or municipal corporation at the time fixed in said resolution. Such election sliall be held at the regular place or places of voting in such township or municipality, and shall be conducted, canvassed and certified in the same maimer, except as otherwise provided by law, as November elections in such township or municipal corpora- tion for the election of officers thereof. Thirty days' notice of the submission shall be given in one or more papers printed therein once a week for four consecutfve weeks, stat- ing the amount of bonds to be issued, the purpose for which they are to be issued, and the time and place of holding the election ; and if no newspaper is printed therein the notice shall be posted in a conspicuous place and published once a -.v'eek for four consecutive weeks in some newspaper of gen- eral circulation in the township or municipal corporation : and if two-thirds of the voters voting at such election upon the question of issuing the bonds vote in favor thereof, ther. and not otherwise the bonds for such excess shall be issued and tax levied. Those who vote in favor of the proposition shall have written or printed on their ballots in quotation. "For the issue of bonds ;' and tho-e who vote against the same shall have wiiuen or printed on tiieir ballots the words. "Against the issue of bonds." Provided, however, that no township or municipal corporation shall hereafter create or jotai net incur a net indebtedness under the authority of this act in p"TOitted.^^* excess of eight per cent, of the total value of all property in such township or municipal corporation as listed and as- sessed for taxation. All bonds heretofore issued in good faith under the authority of section 2835, Revised Statutes, as amended April 29, 1902, and April 23, 1904, which at the time of issue, were within the limitations herein pro- vided, shall be valid obligations of the township, city, village or other municipal corporation which issued them and in ar- riving at the limitations of 8 per cent, herein provided, and of 4 per cent, in section 283 ^ Revised Statutes provided, all such bonds, except those excluded by the provisions of sec- tion 2835/^ Revised Statutes, shall be considered. [98 O. L. 67.] AN ACT. To authorize cities to issue bonds for park purposes. Section i. That any city in the State of Ohio be and the same is hereby authorized to issue, in addition to an\ bonds heretofore authorized to be issued, the bonds of any such city in any sum or sums, not exceeding in amount such a sum as shall be eight-tenths of one per centum of the total valuation for taxation of all taxable property within such Cities autlior— ized to issue bonds for park purposes. u OHIO ELECTION LAWS. municipal corporation, as the same shall appear upon the county duplicate for the year in which such bonds are issued, said bonds to be issued and sold in the manner prescribed bv law. The proceeds of any bonds issued under authority of this act shall be exclusively used to acquire and improve the necessary land for the establishment of a park in connection with public buildings in any city. Shall not be Sec. 2. Bouds issucd Under authority of this act shall increasing uot be considered as increasing the aggregate debt of any cfty'^'^debt. ''^^h city, as contemplated in section 2704 of the Revised Statutes of Ohio. Submission of question of bond issue to rote, etc. Municipalities authorized to issue bonds for improving natural gas works. Question of issue to be submitted to vote. Sec. 3. Before any such bonds are issued such ques- tion shall be submitted to the voters of such city at a special or general election, such election to be designated by ordi- nance duly adopted by the council of such city, and which ordinance sh^U contain a description of the land and specify the purposes for which the proceeds of such bonds are to be expended, and if a majority of the voters voting at such elec- tion, upon the question of issuing the bonds, vote in favor thereof, then and not otherwise, the bonds shall be issued and the taxes levied. [95 v. 438.] AN ACT. Authorizing the issuing of bonds of municipal corporations for enlarging, improving or extending natural gas works, and pro- viding for submitting issuing the same to a vote of the people. Section i. That the council, board of legislation or other legislative body or bodies of any municipal corpora- tion of the state of Ohio shall have power to issue and sell bonds in such manner as is provided by law for the sale of bonds by municipal corporations, at a rate of interest not exceeding six per cent., whenever such council, board of leg- islation or other legislative body or bodies, by an affirmative vote of not less than two-thirds of the members elected or appointed thereto shall, by resolution or ordinance, deem the same necessary for the purpose of extending, enlarging, im- proving, repairing or securing a more complete enjoyment of any natural gas works owned by such municipal corpora- tion, subject, however, to the provisions of section 2 of this act. [95 v. 478.] Sec. 2. Before any such bonds are issued, the question of issuing the same shall be submitted to the voters of the municipal corporation at a general or special election, when- ever the council of any municipal corporation shall, by resolution or ordinance, passed by an affirmative vote of not less than two-thirds of all the members elected or ap- pointed thereto, declare it necessary to issue and sell the bonds of such municipal corporation for any of the purposes set forth in section i of this act, they shall, by such resolu- tion or ordinance fix the date upon which the question of the OHIO ELECTION LAWS. issue and sale of such bonds shall be submitted to the elec- tors of such municipality, and shall cause a copy of such resolution or ordinance to be certified to the deputy state supervisors of the county in which such municipal corpora- tion is situated, and such deputy state supervisors shall there- upon proceed to prepare the ballots and make all other necessary arrangements for the submission of such question to the electors of such municipal corporation at the time fixed in such resolution or ordinance. Such election shall be held at the regular place or places of voting in such municipal corporation, and shall be conducted, canvassed and certified in the same manner, except as otherwise pro- vided by law, as November elections in such municipal cor- poration for the election of officers thereof ; provided, how- ever, that, when a special election for such purpose is held in a municipal corporation divided into wards, there may be but one voting place in each ward, which shall be des- ignated by the deputy state supervisors of elections, and the notice hereinafter provided for shall designate the voting places in each ward. In all cities in which registration is required, if but one voting place is designated in each ward, certificates of removal shall not be necessary, except where transiers are required from one ward to ajiother, and the board of deputy state supervisors of all such cities shall issue such removal certificates. Fifteen days' notice of the sub- mission shall be given in one or more newspapers printed therein once a week for two consecutive weeks, stating the amount of bonds to be issued, the purpose for which they are to be issued, and the time and place of holding the election ; and, if no newspaper is printed therein, the notice shall be posted in a conspicuous place and published once a week for two consecutive weeks in some newspaper of general circu- lation in the municipal corporation. If two-thirds of the voters voting at such election upon the question of issuing the bonds vote in favor thereof, then, and not otherwise, the bonds shall be issued, and a tax may be levied for the purpose of paying the interest and principal upon such bonds. Those who vote in favor of the proposition shall have written or printed on their ballots, in quotation, "For the issue of bonds ;" those who vote against the same shall have written or printed on their ballots the words, "Against the issue of Ijonds." [97 v. 237.] STATE AND COUNTY ELECTIONS. Sec. 2977. The sheriflf of each county shall, at least Sheriff to fifteen days before the holding of any general election and ml'tfoJ'of at least ten days before the holding of any special election, «'ectton. for any officer named in the next section, give notice by proclamation throughout his county of the time and place of holding such election, and the officers at that time to be chosen, one copy of which shall be posted up at each of the 36 36 OHIO ELECTION LAWS. places where elections are appointed to be held ; and such proclamation shall also be inserted in some newspaper pub- lished in the county, if any is published therein. [50 v. 311, § 4.] Notice of the submission of any question to be voted upon thould be embodied in the proclamation. See 2996-2 R. S. Though the neglect of a Sheriff by proclamation, to give notice of an election may be competent evidence, in connection with other circun^stances, 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 O. S. 137. A proceeding in mandamus to compel the Sheriff to give notice 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 state and county elections. Of congres- sional elec- tions. • Vacancy in office of rep- resentative to congress and members of general as- sembly; how filled. Sec. 2978. All general elections for governor, lieuten- ant-governor, secretary of state, auditor of state, treasurer of state, attorney-general, state commissioner of common schools, member of the board of public works, judge of the supreme court, clerk of the supreme court, judge of the cir- cuit court, judge of the common pleas court, senators and representatives to the general assembly, judge of the pro- bate court, clerk *of the common pleas court, sheriff, county auditor, county commissioner, county treasurer, county recorder, county surveyor, prosecuting attorney, infirmary director, and coroner shall be held on the first Tuesday after the first Monday in November. All votes for any judge for an elective office, except a judicial office, under the authority of this state, given by the general assembly or the people shall be void. [83 v. 35.] Sec. 2979. The electors of each congressional district in this state shall biennially, on the first Tuesday after the first Monday in November, vote for a representative in the congress of the United States for the term commencing on the fourth day of March next thereafter. [83 v. 35.] Sec. 2988. Whenever a vacancy happens in the office of representative to congress, or senator or representative to the general assembly, the governor shall, upon satisfac- tory information thereof, issue a writ of election, directing that a special election be held to fill such vacancy, in the territory entitled to fill the same, on a day which shall be specified in the writ ; such writ shall be directed to the sheriflf or sheriffs within such territory, who shall give notice of the time and places of holding such election, as in other cases ; and such election shall be held and conducted, and returns thereof made, as in case of a regular election. [50 V. 311. §28.] OHIO ELECTION LAWS. 37 Sec. 2993. If any number of persons greater than the Tie votes for ninnber of county offices directed to be filled at any election and"mcmberr have the highest and an equal number of votes, the deputy of the general state supervisors aforesaid shall determine by lot which of dltlrainecTby the persons shall be duly elected ; and if, at any election for ^°*- senators or representatives to the general assembly, there is no choice in any instance, on account of two or more per- sons having received the highest and an equal number of votes, the deputy state supervisors issuing the certificates of election shall publicly determine by lot who of those having ' such equal number of votes shall be elected ; such decision by lot shall be made in their office aforesaid, at ten o'clock A. M. on the eighth day after the election ; and in such case the deputy state supervisors shall not be required to forward the returns of the election until such decision by lot has been made. [90 v. 281.] JSec. 2995. The deputy state supervisors shall, without Certificates of fee, make, and, upon demand, deliver to the persons elected respectively to the offices of probate judge, clerk of the court of common pleas, sheriff, coroner, county auditor, county commissioner, county treasurer, county recorder, county surveyor, prosecuting attorney, infirmary director, and senator and representatives to the general assembly, cer- tificates of their election ; and they shall also make, for any elector of his county, upon being paid one dollar therefor, an abstract of votes cast at any election to fill any of said offices. [90 V. 281.] election of certain offi- cers; ab- stracts of votes for such officers. PRESIDENTIAL ELECTIONS. Sec. 2967. At least fifteen days before the time for sheriff shall holding the election provided for in the next section, the «ss"r procia- sheriff shall give public notice by proclamation throughout dcctfon." his county, of the time and place of holding such election, and the number of electors to be chosen ; a copy of which shall be posted up at each of the places where elections are appointed to be held, and inserted in some newspaper pub- lished in the county, if any is published therein. [61 v. 84, § i; 50 V. 311, § 4.] Sec. 2968. The qualified electors shall, on the Tues- Electors of dany next after the first Monday in November, in the vear ^;^^'*^^resident eighteen hundred and eighty, and every fourth year tliere- to be elected, after, elect a number of electors of president and vice-pres- ident of the United States, equal to the number of senators and representatives this state may be entitled to in the con- gress of the United States ; but no senator or representa- tive in congress, or other person holding an office of trust or profit under the United States, or any law thereof, shall be eligible as an elector of president or vice-president. [61 v. 84. § I-] 38 OHIO ELECTION LAWS. Secretary of state to can- vass returns, and governor to issue certifi- cates and make publi- cations. Notice of con- test of elec- tion of presi- dential elec- tors. Procedure. Commission to hear such contests. Notice to con- testees of time; of hear- injf, etc. Secretary of commission. Sec. 2970. When returns are received from all the counties, the secretary of state shall, in the presence of the governor, auditor of state, and such other state officers as may choose to attend, open the abstracts of poll-books, and as they are opened, cause the same to be read aloud, and make an abstract showing the number of votes given for each person for such office ; and if two or more such per- sons receive an equal number of votes, the secretary of state, in the presence of the state officers aforesaid, shall determine by lot which of such persons is duly elected : and the gov- ernor shall make, and transmit by mail to the person having the highest number of votes, or whose election was deter- mined by lot as aforesaid, certificates of their election to the office of elector of president and vice-president of the United States, and shall cause notice of their election to be published in three newspapers published at Columbus, tw^o- of which shall be of opposite politics. [70 v. 272, § i.] Sec. 2970a. Any qualified voter may contest the elec- tion of the electors so chosen, or any of them, by serving notice upon the contestee or contestees in the manner and time prescribed in section 3005, and filing a copy thereof with the governor of the state within five days after the mailing by him of the certificates of election prescribed in section 2970; and the provisions of sections 2998, 2999, 3000 and 3001 shall apply to such contests, except that all testimony taken and all matters relating to the contest shall ,be sent to and filed with the secretary of state, before the day appointed by the governor for the hearing ; and every such contest shall be heard and determined as hereinafter provided. [85 v. 26.] Sec. 2gyob. Upon the filing of the copy of such notice with the governor, it shall be his duty within five days to appoint four of the judges of the circuit courts, not more than two of whom shall be of the same political party, or so reputed to be, who, with the governor, shall be a commis- sion to hear and determinie such contest; and he shall ap- point the time for such hearing, which shall be within ten days, and give them notice thereof; and thereupon a cer- tified copy of the notice filed with the governor bv the con- testor, and notice in writing to the contestee or contestees of the time so appointed for the hearing, and requiring him or them to attend in the hall of the supreme court at Columbus, at such time, and answer the contest, shall be issued by the secretary of state to the sheriflf of, Franklin county ; or if he be disqualified, to the coroner of said county, and may and shall be served by him upon such contestee or contestees, in any county, and return made to the secretary of state, as upon the summons in a civil action. The secretary of state shall act as the secretary of such commission, and discharge such duties as they may direct in that behalf. [85 v. 26.] OHIO ELECTION LAWS. 3» and records of comrnission. Sec. 2970C. The said commission shall, in hearing and Powers of and determining such contest or contests, have and exercise all ing^^bmmiT- the powers and authority, and be governed by the same sion. rules and procedure, as may be prescribed for the senate in contested election or state officers, so far as applicable, and subject to the constitution and laws of the United States. In any order or vote by the commission, and in the final when gover- decision and judgment upon the contest, the governor shall "ud^nts'"*^' vote if the other members of the commission are equally divided, and not otherwise. The judgment of such com- mission or the majority upon the contest or contests at any election of electors of president and vice-president of the United States, shall be final and conclusive thereof, and- the record of the judgment and proceedings shall be filed and kept by the secretary of state in his office. [85 v. 26.] Sec. 29700?. If any contestee or contestees be ousted Proceedings by the judgment of such commission or the majority of )!,"„" o^ous-^ them, the certificate of election so issued to him or them ter. shall be null and void, and the governor shall forthwith make and transmit by mail to the person or persons, if any, ascertained and determined by the judgment of the commission, or a majority of them, to have been duly elected, a certificate of his or their election to the said office of elector or electors of president and vice-president of the United States, and shall cause notice of his or their election and of such judgment to be proclaimed and published and [as] prescribed in section 2970. [85 v. 26.] Sec. 2970^. The commission shall render judgment q^^^^ against the party failing in any such contest for all the costs, including the costs of all depositions filed and al- lowed ; and execution for the same shall be issued to any sheriff in the state and levied and collected as upon judg- ment and execution at law. Security for costs, satisfactory to the secretary of state, shall be given by the contestee or contestees before any notice of the contest shall be issued by him. [85 V. 26.] Sec. 2971. The electors chosen as aforesaid shall, at xhe electors twelve o'clock on the day appointed by the congress of the {{J^^us* ^°~ United States, meet at the state house in Columbus, and then and there perform the duties enjoined upon them by the constitution and laws of the United States. [29 v. 41, § 6.] Sec. 2972. Each elector shall, before the hour of Electors to twelve o'clock on the day next preceding the day fixed by file^ governoJ'^ the law of congress to elect a president and vice-president oi their of the United States, give notice to the governor that he is present, and ready at the proper time to perform the duties of an elector ; and the governor shall thereupon deliver to " each such elector a certificate of the names of all the elec- tors. [29 V. 41, § 8.] 40 OHIO ELECTION LAWS. How vacancies in the office of elector to be filled. Tie votes to be determined by the gover- nor by lot. Electors so chosen to be notified by the governor and to act as electors. Compensation of electors and how paid. Commissions and certifi- cates of elec- tion of officers. Fees. Sec 2973. If any of the electors are absent, and fail to appear before nine o'clock on the morning of the day ap- pointed for the election, the electors then present shall im- mediately proceed to elect by ballot in the presence of the governor, persons to fill the vacancies occurring through such nonattendance. [29 v. 41, § 8.] Sec. 2974. If two or more persons receive an equal and the greatest number of votes at such election, the gov- ernor, in the presence of the electors attending shall deter- mine by lot which of such persons is duly elected ; otherwise he or they having the greatest number of votes shall be considered elected to such vacancies. [29 V. 41, § 9.] Sec. 2975. The electors making such choice shall forthwith certify to the governor the names of the persons so chosen, and the governor shall cause immediate notice in writing to be given to each of such persons ; and the per- sons so chosen and notified, and not the persons in whose place they have been chosen, shall be electors, and shall meet the other electors at the time and place appointed, and then and there discharge all the duties enjoined on them as elec- tors by the constitution and laws of the United vStates an I of this state. [29 v. 41, § 10.] Sec. 2976. Each elector shall receive three dollars fur each day's attendance at Columbus as such, and mileage at the rate of ten cents per mile for the esthnated distance by the usual route, from his place of residence to Columbus, to be paid by the stlate. [70 v. 272, § i.] Sec. 83. Each judge of the supreme court, circuit court, court of common pleas and probate court, state officer, county officer, militia officer and justice of the peace, and each officer whose office is created by law, and not other- wise provided for, shall be ineligible to perform any of the duties pertaining to such office until he shall receive from the governor a commission to fill such office, upon produc- ing to the proper officer or authority a legal certi^cate of his being duly elected or appointed ; and each of the officers above named, except miltia officers and notaries public, who receives for the discharge of his official du- ties any fee, compensation or saiarv shall, before he shall be entitled to receive such commission pay to the secretary of state for the making out, recording and forwarding thereof a fee of five dollars, excepting each justice of the peace, who shall pa^- two dollars ; and as soon after any election for anv of the offices above named as the result shall have Kcome officially known to them, the deputy state supervisors of election of each county in this state shall, upon payment to them by each such officer of the fee above described, immediately forward by mail to the secre- tary of state a certificate of election of each such office, OHIO ELECTION LAWS. 41 together with the fee paid to them by such officer, which fee shall be covered into the state treasury for the use of the general revenue fund, and thereupon the governor, upon the filing of such certificate with the secretary of state, ac- companied with the fee aforesaid, shall issue the proper commission to such officer and forward the same to the clerk of the court of common pleas, who shall deliver the same to such officer. [97 v. 185.] TOWNSHIP LOCAL OPTION. (4364-24.) Sec. I. That whenever one-fourth of the qualified electors of any township, residing outside of any municipal incorporation, shall petition the trustees therefor for the privilege to determine by ballot whether the sale of intoxicating liquors as a beverage shall be prohibited within the limits of such township,- and without the limits of any such municipal corporation, such trustees shall order a special election for the purpose, to be held at the usual place or places for holding township elections ; and notice shall be given and the election conducted in all respects as pro- vided by law for the election of township trustees ; and only those electors shall be entitled to vote at such election who reside within the township and without the limits of any such municipal incorporation. A record of the result of such election shall be kept by the township clerk in the record of the proceedings of township trustees; and in all trials for violation of this act, the Original entry of said record, or a copy thereof certified by the township clerk, provided that it shows or states that a majority was against the sale, shall be prima facie evidence that the selling, fur- nishing, giving away or keeping a place, if it took place from and after thirty days from the day of the holding of said election was then and there prohibited and unlawful. [85 V. 55-1 The act entitled "An act to further provide against the evils resulting from the traffic in intoxicating liquors by local option in any township in the State of Ohio," passed March 3, 1888, is not in conflict with the constitution, and is a valid law. Gordon v. State, 46 O. S. 607. Where a township local option ehxtion is held in a township composed of two voting precincts, in one of which a municipal cor- poration is situate, the regular judges and clerks in each of the pre- cincts should preside at and conduct such election, notwithstanding the fact that one or more of the judges in one of the precincts may reside within the limits of the incorporated village. At such election only those voters residing within the township and outside the limits of the municipal corporation are entitled to vote. L. 2-15-04. It is the duty of the deputy state supervisors of elections to prepare ballots for use at a local option election within a township. The ballots should be printed upon the quality of paper prescribed by the ballot laws. The regular judges and clerks of election in the proper precincts must conduct such 'special elections. L. 2-20-05. Petition for prohibition of liquor traffic in townships. Spectial elec- tion to be held. Notice and conduct of election. Record of re- sult of elec- tion; its value as evidence. 42 OHIO ELECTION LAWS. Ballots to be voted at such election. When the traffic in any township shall be unlawful. Penalty for carrying on such prohibited traffic. Manufacture and sale of cider or na- tive wine; registered druggists. None but resident voters are entitled to vote at a special election under the township local option act. Whether a person is a qualified elector of the township or not depends upon the Question of fact and intention. Persons who are within the town- ship for temporary purposes only are not entitled to vote therein. L. 10-19-06. (4364-25.) Sec. 2. Persons voting at any -"/lection held under the provisions of this act, who are opposed to the sale of intoxicating liquors as a beverage shall have written or printed on their ballots, "Against the sale;" and those who favor the sale of such liquors shall have written or printed on their ballots, "For the sale ;" and if a majority of the votes cast at such election shalL be "Against the sale," then from and after thirty days from the day of the holding of said election, it shall be unlaw- ful for any person within the limits of such township and without the limits of such municipal corporation to sell, furnish or give away any intoxicating liquors to be used as a beverage, or to keep a place where such liquors are kept for sale, given away or furnished ; and whoever sells, furnishes or gives away any intoxicating liquors as a bev- erage, or keeps a place where such liquors are kept for sale, given away or furnished, shall be fined not more than five hundred dollars, nor less than fifty dollars, and im- prisoned in the county jail not exceeding six months ; but nothing in this section shall be construed so as to prevent the manufacture and sale of cider, or sale of wine manu- factured from the pure juice of the grape, cultivated in this state, nor to prevent [a] legally registered druggist from selling or furnishing pure wines or liquors for exclusively known medicinal, art, scientific, mechanical, or sacramental purpose ; but this provision shall not be construed to auth- orize the keeping of a place where wine, cider or other intoxicating liquors are sold, kept for sale, furnished or given away as a beverage. [85 v. 55.] Closing of saloons on Sunday. MUNICIPAL LOCAL OPTION. Sec. 4364-20. That the sale of intoxicating liquors, whether distilled, malt or vinous, on the first day of the week, commonly called Sundey, except by a regular drug- gist on a written prescription of a regular practicing phy- sician for medical purposes only, is hereby declared to be unlawful and all places where such intoxicating liquors are on other days sold or exposed for sale, except regular drug stores, shall on that day be closed, and whoever makes any such sales, or allows any such place to be open or re- main open on that day shall be fined in any sum not exceed- ing one hundred dollars and not less than twenty-five dol- lars for the first offense, and for each subsequent offense shall be fined not more than two hundred dollars or be imprisoned in tlie county jail or city prison not less than OHIO ELECTION LAWS. 43 ten days and not exceeding thirty days, or both. In regu- lar hotels and eating houses the word "place" herein used shall be held to mean the room or part of room where sucli liquors are usually sold or exposed for sale and the keepin;^ of such a room or part of room securely closed shall be held, as to such hotels and eating houses as a closing of the place, withm the meaning of this section. And any muni- cipal corporation shall have full power to regulate the sell- ing, furnishing or giving away of intoxicating liquors as a beverage and places where intoxicating liquors are sold, furnished or given away as a beverage, except as provided for in section 4364-20C of this act. [95 v. 87.] As to the constitutionality of the Beal Law see Lloyd v. Dol- lison, R C. C (N. S.) 328. As such election it is the duty of the judges and clerks of elec- tion in each precinct, at least one day before the election, to appoint and make public two known representatives of each side of a ques- tion to be submitted as challengers, and also at the same time to appoint and make public one known representative of each side of the question to be submitted as inspectors. L. 12-1-05. Sec. 4364-200. That whenever forty per cent, of the qualified electors of any municipal corporation shall peti- tion the council thereof for the privilege to determine by ballot whether the sale of intoxicating liquors as a beverage shall be prohibited within the limits of such municipal cor- poration, such council shall order a special election to be held in not less than twenty nor more than thirty da\s from the filing of such petition with the mayor of the muni- cipal corporation or from the presentation of such petition to said council, which said petition shall be filed as a public document with the clerk of the municipality, and preserved for reference and inspection and which election shall be held at the usual place or places for holding municipal elections, and notice shall be given and the election conducted in all respects as provided by law for the election of members of the council of the corporation, so far as -said law may be applicable. The result of such election shall forthwith be entered upon the record of the proceedings of the council of the corporation by the clerk thereof, and in all trials for violation of this act. the original entry of the record, or a copy thereof certified by the clerk of the corporation, pro- vided that such record shows that a majority of the vote? cast at said election was against the sale of intoxicating^ liquors as a beverage, shall be prima facie evidence that th ^ selling, furnishing or giving away of intoxicating liquors as a beverage or the keeping of a place where such liquors are sold, kept for sale, given away or furnished, if such selling, furnishing or giving away or keeping such place occurred after thirty days from the day of holding the elec- tion, was then and there prohibited and unlawful. [95 v. 87.] Hotels and eating houses. Municipal regulation. Petition for election. Special election. Notice and conduct of election. Record of result of election ; its value as evi- evidence. 44 OHIO ELRCTION LAWS. Section 4364-20a and 20b, Revised Statutes, which provide for an election in any municipality to determine whether or not the sale of intoxicating liquors as a beverage within the limits of such municipality shall be prohibited, prescribes punishment for violation of said act where such sales are so prohibited, apply to hamlets as they existed in this state prior to the adoption of the municipal code, October 22, 1902. Carey v. State, 70 O. S. 121. Failure to publish for a full period of ten days the mayor's proclamation of a special election to be held under Sections 4364- 20a, Revised Statutes, et seq. (commonly called the Beal Local Option Election Law) is not fatal to the validity of the election, where the election was otherwise regularly held, knowledge of its approach was general throughout the municipality and a compara- tively full vote was cast, and no attempt was made to deceive or mislead anyone, and it does not appear that any elector was either without knowledge thereof, kept from voting, or failed to vote on account of the failure to give ten days' notice publication of notice for ten days, under such circumstances, is not jurisdictional and failurg to publish it for the full period is a mere irregularity which does not invalidate the election. Fike V. State, 4 C. C. (N. S.) 81. But where the record shows that a petition for an election under the Beal Law was presented to council, and that body took action by appointing a committee to investigate the matter, and the report of the committee was to the effect that more than forty per cent, of the voters had signed the petition, and this report was adopted, and by a unanimous vote of council an elec- ' tion was ordered and held, the fact that there was no formal finding that forty per cent, of the voters had signed the petition, an objection that there was in substance a vote, no finding by council of the jurisdictional fact, does not go to the essence of the matter, but is technical, and will not lie. In re. Huntsville, v. 1 C. C. (N. S.) 489. Authorized jurisdiction is a condition precedent to the order- ing by council of a vote under Beal Municipal Local Option Law, and such jurisdiction must affirmatively appear in the record. In re. Huntsville, v. 1 C. C. (N. S.) 489. Where two voters, one blirid and the other infirm through , extreme age remained in a carriage outside the polls and marked their ballots in the presence and under the direction of two of the election judges, and such ballots were then deposited by the judges, such irregularity will not invalidate these votes. In re. Contest South Charleston election, 3 N. P. (N. S.) 373. The presumption is that a petition for an election under th'i Beal Local Option Law, in due and legal form and signed by forty per cent, of the qualified electors of the municipality, was presented to council as required by Section 4364-20fl, Revised Stat- utes, when it appears from the council record that a petition was presented asking for an election, when it was duly acted upon, and that an election was ordered on a certain date. Dalrymple v. State, 5 C. C. (N. S.) 185. The fact that an election was held under the Beal Local Op- tion Law, and also the result thereof, may be established by evi- dence other than the original entry on the records of the municipal council, or a copy thereof) certified by a corporation clerk as pro- vided by section 4364-20a, Revised Statutes, which makes such record or certified copy prima facie evidence of such facts. Hence, the failure, of the clerk to record, in the proper way and place, the result as reported to him, does not invalidate the elec- OHIO ELECTION LAWS. 45 tion, if an election and the result thereof can be clearly estab- lished by other evidence. Dalrymple v. State, 5 C. C. (N. S.) 185. Where a duly and legally constituted legal body, such as a city or village council, has acted, the presumption is, in the absence of evidence to the contrary, that it has acted lawfully, and- had before it sufficient facts to warrant it in acting. This presump- tion is in the nature of evidence and until overcome by other evidence it stands as proof of the fact in question. Dalrymple v. State, 5 C. C. (N. S.) 185. -No particular form of notice to the deputy state supervisors is required for the holding of such elections. The law presj^mies that upon proper action taken by the officers of the municipality, the deputy state supervisors will perform the, duties usually de volving upon them in the conduct of elections. L. G-9-02. Where a petition has been fifed with the council of a municip:tl corporation under this section, and the council has delayed making the order for such election until such time as will prevent the filing of a certificate with the deputy state supervisors fifteen days before the election that fact should not operate to defeat the election. In such cases it -is the duty of the deputy state super- visors to print ballots for such special election in accordance with the provisions of this act. The regular -judges and clerks of elec- tion within the proper precincts are required to conduct such election and make return thereof to the clerk of the municipal corporation. L. 3-2-03. Where an election is held under this section, it is the duty ^ of the deputy state supervisors of the county in which such village is situated to furnish the ballots for such election, and it is the duty of the regular judges and clerks of election for such village lo conduct such special election and make a return thereof to the clerk of the village. L. 1-2-06. Where a special election is held in a village the regular judges and clerks of election whose terms are for one year from their ap- pointment must preside at the precincts within such village at such special election. The ballots should be prepared by the deputy state supervisors of the county. L. 5-22-01!. The "usual voting place" within a precinct is the place estab- lished by the deputy state supervisors for general elections." The temporary location of a voting place for the purpose of a special election within a precinct would not be the "usual voting place" of such precinct. L. 9-14-06. All that is necessary in a petition is that th^ party sign his name. It is not necessary to have either the street number or number of the house. T. 4-16-07. The twenty days are counted from the date of filing the petition with the mavor, or from its presentation to the council. T. 5-18-07. See note to 3909 as to special elections for school board. Sec. 4364-206. The ballots at any special election naiiots to be held under the provisions of this act, shall be printed with 1°^^^^^^^ ^^^ an affirmative and a negative statement, to-\vit : "The sale of intoxicating liquors as a beverage shall be prohibited," "The sale of intoxicating liquors as a beverage shall not be prohibited,'' with a blank space on the left side of each state- ment in which to give each elector an opportunity to clearly designate his choice by a cross mark as follows : [ ] The sale of intoxicating liquors as a beverage shall be prohibited. [ ] The sale of intoxicating liquors as a beverage sb.all not be prohibited. 46 OHIO ELECTION LAWS. When sale shall be un- lawful. Penalty for making such prohibited sale. Manufacturers may sell at wholesale to retail dealers. And if a majority of the votes cast at such election shall be in favor of prohibiting the sale of intoxicating liq- uor as a beverage, then from and after thirty days from the date of holding said election it shall be unlawful for any person, personally or by agent, within the limits of such municipal corporation to sell, furnish or give away any in- toxicating liquors to be used as a beverage, or to keep a place where such liquors are kept for sale, given away or furnished, for beverage purposes, and whoever from and after the thirty days aforesaid in any manner directly or indirectly, sells, furnishes, or gives away, or otherwise deals in any intoxicating liquors as a beverage, or keeps or uses a place, structure or vehicle, either permanent or transient for such selling, furnishing or giving away in which or from which intoxicating liquors are sold, given away or furnished or otherwise dealt in as aforesaid, shall be guilty of a misdemeanor, and shall on conviction thereof, be fined not more than two hundred dollars nor less than fifty dol- lars for the first offense, and shall for a second offense be fined not more than five hundred dollars nor less than one hundred dollars, and for any subsequent oflfense be fined not less than two hundred dollai;s and be imprisoned not more than sixty days and not less than ten days. But nothing contained in any of the sections of this act shall in any manner affect the right of any manufacturer of in- toxicating liquors from the raw material, to sell, deliver and furnish his product in wholesale quantities to bona fide retail dealers trafficking in intoxicating liquors, or in wholesale quantities to any party or parties residing out- side the limits of said municipality. [95 v. 88.] A vote is the expression of a choice. A ballot is a written or printed slip of paper upon which a choice may or may not be indicated. Hence, ballots on which no choice is indicated are not ■\otes and are not to be considered in determining what is a ma- jority of all "votes" cast. In re. Contest South Charleston election, 3 N. P. N. S. 373. Where, in an election under the "Beal Law," the form of ballot used was the one prescribed for an election under the town- 5:hip local option law, but yet was sufficiently definite and pre- cise to inform the voter and not to mislead him, such irregularity in the form of the ballot will not invalidate the election. The contestants of such an election having themselves used such ballot without objection may not be heard to complain of its form after the election is over. In re. Contest South Charleston election, 3 N. P. N. S. 373. In an election under the local option law no more formali- ties should be required than are actually necessary, and any form cf ballot which has written or printed upon it the words "for the sale" or "against the sale" is sufficient. Stick v. State, 3 C C (N. S.) 611. OHIO ELECTION LAWS. 47 Sec. 4364-20C. The phrase "intoxicating liquors" as used in this act shall be construed to mean any distilled, malt, vinous or any other intoxicating liquors ; but nothing in this act shall be construed to prevent the selling of intox- icating liquors at retail by a regular druggist for exclusively known medicinal, pharmaceutical, scientific, mechanical or sacramental purposes ; and when sold for medicinal purposes it shall be sold only in good faith upon written prescription issued, signed and dated in good faith by a reputable physi- cian in active practice and the prescription used but once. The words "giving away" where they occur in this act shall not apply to the giving away of intoxicating liquors by a person in his private dwelling, unless such private dwell- ing is a place of public resort. [95 v. 89.] Sec. 4364-20^^. When any person, company or cor- poration has discontinued such traffic in accordance with the provisions of this act, within the time specified by section 4364-2oa of this act, has paid or is charged upon the tax duplicate with an assessment upon such traffic, the county auditor, upon being satisfied upon such fact, shall issue to such person, company or corporation, a refunding order of an amount proportionate to the unexpired time for which said assessment has been paid. [95 v. 89.] Sec. 4364-20^. The petition for an election provided for in section 4364-200 of this act shall be deemed sufficient and the council shall order such an election when the peti- tion is signed by as many qualified electors as shall equal in number forty per cent, of the number of votes cast in said municipal corporation at the last preceding general elec- tion in municipalities which are divided into wards ; and in all other municipalities, forty per cent, of the qualified elec- tors at the last preceding- municipal election, and in indict- ments, affidavits, or informations for violation of this act it shall not be necessary to set forth the facts sliowing that the required number of electors in the municipal corporation petitioned for an election, that the election was held, or that the majority voted in favor of prohibiting the sale as herein provided. But it shall be sufficient to state that the act com- plained of was then and there prohibited and unlawful. [95 V. 90.] Upon the presentation of a petition to the council for such an election (on the question of a surrender of municipal powers) it is the duty of the council before taking action thereon to satisfy itself that it contains the requisite number of qualified petitioners, and for that purpose may refer the same to a committee to make the necessary examination, and postpone action until time for such examination. Dutten V. Hanover, 42 O. S. 215. A petition for an election to determine whether the sale of intoxicating liquors as a beverage shall be sold within certain pre- scribed territory is fundamental and jurisdictional, and must sub- stantially comply with the requirements of the law under which lhe election is to be held. Newburg Election Contest, 3 N. P. N. S. 129. Meaning of phrase "in- toxicating liquors." Regular druggist mav sell. Rebate of Dow tax when sale discon- tinued. What consti- tutes 40 per cent, of qual- ified voters." 48 OHIO ELECTION LAWS. Entry and record of election. Disposition of. fines. Another elec- tion may be ordered; when. In a petition for an election un ' the Beal Law in a munici- pality not having wards it is sufficiciM if a petition, be signed by as many qualified electors as shall equal forty per cent of those who cast their votes at the last preceding election. It is rot neces- sary that the petition contain the names of forty per cent, of those individuals who actually voted at such clectu^n, nor that it contain the names of forty per cent, of all those qualified to vote in the election district involved, at the inne of the last jjreceding election. In re. Contest South Charleston election, 3 N. P. N. S. 373. It is the privilege of electors who petition for the Beal Law election to withdraw their names from the petition either with or without the consent of council at any time before the election is ordered ; ar.d where such withdrawals reduce the number of signatures remaining on the petition to less than the requisite forty per cent, of the qualified voters, jurisdiction of ctnnuil to order an election is lost. Haynes v. Village of Hillsboro, 3 N; P. N. S. 17 The petition is a public document, and can be inspected by ai.;. elector of the city, and such inspection may be obtained by man damns. T. 5-18-07. Sec. 4364-20/. The following shall be deemed a suf- ficient entry and record of the result of an election held un- der the provisions of this act as required by sections 4364- 20a and 4364- 20&. The State of Ohio, County of muni, 1- pal corporation of The special election held on the ...'... .day of , A. D , within and for the (municipal corporation of ) tinder the local option law resulted as follows : Whole number of votes "for the sale of intoxicating liquors as a beverage" Whole number of votes "against the sale of intoxicat- m;- liquors as a beverage" Clerk of 1 95 V. 90.] The three readings of the resolution of _ council prohibiting the sale or .keeping of a place where intoxicating liquors are sold under the Eeal Law, need not be on three different days. Kumpf V. Village of Delhi, 1 N. P. N. S. 336. Si:c. 4364-20^^ Money received from fines and for- feited bonds collected under the provisions of this act shall be paid into the treasury of the municipal corporation wherein said fine was imposed or bond forfeited, and shall be applied to such fund or funds as the council of the said corporation may direct. [95 v. 90.] Under this section of the statute the mayor, it seems to us, had jurisdiction to order the fine to be paid to the village. Capple V. State, O. L. R. Sept. 24, 1906. Sec. 4364-20/1. At any time after two years from the da^te of an election held under the provisions of section 4364-20^ of this act another election may be petitioned for OHIO ELECTION LAWS. 49 Contest of election in probate court. an J shall be ordered as provided for in section 4^6^-2oa. [95 V. 90.] Sec. 4364-20/. Any person being a qualified elector of any municipal corporation wherein an election shall have been held as provided for in this act may contest the valid- ity of such election by filing a petition duly verified with the probate court of the county in which said municipal corporation is situated, within ten days after the election, setting forth the grounds for contest. Where, in an election under the Beal Law, one hundred and sixty-six votes are cast in favor of the sale of intoxicating liquors as a beverage and one hundred and sixty-seven are cast against such sale, and it appears that one vote was cast by a person in- competent through imbecility, this vote, in the absence of evidence, showing for which proposition such vote was cast, must be de- ducted from the vote on the proposition having the greater number, and thus such election is rendered void for want of the expression of choice by a majority. In re. Contest South Charleston election, 3 N. P. N. S. 373. On a petition contesting an election under the "Beal Law" it is improper to introduce evidence except on points specially set out in the petition. Such petition may not be amended after the expiration of twenty days after the election. In re. Contest South Charleston election. 3 N. P. N. S. 373. Note. — A number of cases arising under the Brannock Local Option Law are given herein following the residence district municipal local option act. The probate judge, upon the filing of such petition, shall forthwith issue a summons, addressed to the mayor of such municipal corporation, notifying him of the filing of such petition and directing him to appear in said court on behalf of said municipal corporation, at a time named in the summons, which time shall be not more than twenty days after the election nor less than five days after the filing of such petition. The probate judge shall have final jurisdiction to hear and determine the merits of the proceedings, and in other respects in the procedure of the hearing he shall be gov- erned by the law providing for the contesting of an election of a justice of the peace so far as such law is applicable. The probate court shall require the person or persons con- testing the election to furnish sufficient security for costs before said petition is filed. [95 v. 90.] Sec. 2. That section 4364-20 of the Revised Statutes Repeal and of Ohio be and the same is hereby repealed, but an ordi- ^^'"^rd^*"*^ nance passed by a municipal corporation under the author- nances, ity given in said section prohibiting places where intoxi- cating liquors are sold at retail shall remain in full force and effect until thirty days after an election has been held in accordance with the provisions of section 4364-200 of 4 EL Mayor shall be summoned Method of procedure. ^0 OHIO ELECTION LAWS. this act. An ordinance passed by a cunicipal corporation under the authority given in said section regulating places where intoxicating liquors are sold at retail, shall remain in full force and effect until said ordinance is repealed or amended under the authority granted in section 4364-20 of this act. [95 v: 89.] Petition to prohibit sale of intoxicat- ing liquor in residence dis- trict; filing and examina- tion of. Record of de- cision of mayor or iudge; its value as evi- dence. Petition against pro- hibition of sale of intox-' icating liquor in residence district; filing and examina- tion of. Record of decision of mayor or judge; its _ value as evi- dence. RESIDENCE DISTRICT MUNICIPAL LOCAL OPTION. Section i. Whenever a majority of the qualified elec- tors of any residence district of any municipal corporation sign a petition in favor of prohibiting the sale of intoxicat- ing liquors as a beverage in such residence district and file the petition with the mayor of the municipal corporation or with any judge of the court of common pleas of the county in which such numicipal corporation is situated, the mayor or judge shall examine the petition at a public hearing and decide upon the sufficiency of the petition and cause a copy of his decision to be filed with the clerk of the municipal cor- ]:)oration or council. The decision of the mayor or judge, as certified to the clerk of the municipal corporation or council and recorded by him in the records of the council of the cor- ;)on.:ion, or a cerified copy thereof, provided it shows that 1 majority of the voters of such residence district were in favor of prohibiting the sale of intoxicating liquors as a bev- erage, shall be prima facie evidence that the selling, furnish- ing or giving away of intoxicating liquors as a beverage or the keeping of a place where such liquors are sold, kept for sale, furnished or given away, if such selling, furnishing or giving away or keeping of such place occurred thirty days after the finding by said mayor or judge, was then and there prohibited and unlawful. [98 O. L. 68.] Sec. 2. Whenever a majority of the qualified elec- tors of any residence district of any municipal corporation a which the sale of intoxicating liquors as a beverage has l)een prohibited under the provisions of section one of this ct, shall sigh a petition against prohibiting the sale of in- 'oxicating liquors as a beverage in the same residence dis- trict and file the petition with the mayor of the municipal corporation or with any judge of the court of common ])leas in the county, the mayor or judge shall examine the petition at a public hearing and decide upon the sufficiency of the pe- tition and cause a copy of his decision to be filed with the clerk of the municipal corporations or council. The result of such examination and the finding duly certified by the judge or mayor and recorded by the clerk of the municipal corporation or council in the records of the proceedings of the council of the corporation, provided that it shows that a majority of the voters of the residence district are opposed to prohibiting the sale of intoxicating liquors as a 1)everage, shall be prima facie evidence that the sale of OHIO ELECTION LAWS. intoxicating liquor as a beverage in the residence district is not then and there prohibited. The petition provided ^A*^^'^^. for in this section shall not be filed until after two years E^ ViS. ""^^ or more shall have elapsed alter the filing of the petition provided for in section one of this act. Nothing in this act shall be construed to affect or repeal any other law which prohibits the selling, furnishing or giving away of intoxicating liquor as a beverage, or the keeping of a place where intoxicating liquor is sold, furnished or given away as a beverage which is in force and effect throughout the municipal corporation. [98 O. L. 69.] Stc. 3. A petition in favor of prohibiting the sale Form of of intoxicating liquor as a beverage in a residence district p****'""- substantially as follows shall be sufficient: ''A petition to prohibit the sale of intoxicating liquors as a beverage in a residence district of the municipal cor- poration of . . . in the state of Ohio. To Date We, the undersigned, respectfully represent that we are qualified electors in the following residence district, to-wit: in the municipal corporation of . , county of , state of Ohio, and that we are in favor of prohibiting the sale of intoxicating liquors as a beverage in said residence district." A petition against prohibiting the sale of intoxicating liquors as a beverage in a residence district substantially as follows will be sufficient : "A petition against prohibiting the sale of intoxicating liquors as a beverage in a residence district of the municipal corporation of of the state of Ohio. To Date We, the undersigned, respectfully represent that we are qualified electors in the following residence district, to-wit: in the municipal corporation of , in the county of , state of Ohio, and we are opposed to prohibiting the sale of intoxicating liquors as a beverage in said residence district." Any qualified elector may authorize anv person to sign the petition for him by a written power of attorney. No elector will be allowed to add his name to the petition after it is filed or withdraw his own or authorized signature from the petition unless he can prove to the mayor or judge that it was secured through fraud or misrepresentation. The pe- tition provided for in this act shall be deemed sufficient when it is signed by as many qualified electors as equal a majority in number of the votes cast at the last regular mu- nicipal election in such residence district, but musi; in order 51 52 OHIO ELECTION LAWS. Public bear- ing for con- sideration of ■ petition. Certificate of finding of mayor or judge. Recording of certificate. to be valid, lie filed not later tlian three months after the signing thereto of the signature first in order of time. The expense incurred for the publication of notices for the hear- ing on the petition shall be paid out of the general revenue fund of the municipal corporation upon the 'order of the mayor or judge passing upon the petition. [98 O. L. 69.] Sec. 4. When the petition referred to in this act has been filed with the mayor of -the municipal corporation or with any judge of the court of common pleas in the county, the mayor or judge shall forthwith cause a notice of the hearing on such petition to be published in two news- papers of opi^osite party politics published in the municipal corporation, if there be two, which notice shall set forth the time when and place where the judge or mayor will consider the petition, at which time he shall hear any person or per- sons who are electors of the district as to the question of the petitioners being qualified electors in the residence district or any other matter which may be brought before the mayor or judge for determination relating to the sufficiency of the petition. The mayor or judge shall decide whether the pe- titioners are qualified electors in the residence district and equal in number a majority of the votes cast in the residence district at the last regular municipal election and the mayor shall make a record of his findings on his docket and the judge shall cause the same to be recorded in the records of his court, and thereupon such mayor or judge shall cause a certified copy or certificate of his findings together with the original petition to be filed with the clerk of the municipal corporation or council in not less than five days after such finding and .not more than forty days from the filing of the petition vvith the mayor or judge. The following shall be a sufficient certificate of the finding of the mayor or judge: ''This is to certify that I have examined the petition which is attached hereto, at a public hearing duly announced and hereby find that on the day of .A. D. that the petition meets the requirements of the law and that a majority of the voters of the following resi- dence district, to-wit : in the municipal cor- poration of :, county of , state of Ohio, are (in favor of or opposed to) prohibiting the sale of intoxicating liquors as a beverage in said resi- dence district." Date OfKcial Signature. The clerk of the municipal corporation in which the residence district is situated shall forthwith upon receiving the certificate of the decision of the sufficiency of the peti- tion, record said petition with the said certificate of such decision on the records of the council of the municipal cor- OHIO ELECTION LAWS. 53 poration and shall certify to the correctness of the same substantiallly as follows : "I hereby certify that the foregoing is a correct copy of the petition relating to the sale of intoxicating liquors as a beverage in the following residence district, to-wit: . / , in the municipal corporation of and the finding of the mayor or judge on the petition." Official Signature. Whoever bribes, boycotts or intimidates or attempts to bribe, boycott or intimidate any qualified elector to keep such elector from signing the' petition or to secure the sig- nature of such elector to the petition provided for in this act ; or whoever removes any person in his employ or threatens to rernove any person in his employ or under his control, either directly or indirectly, in order to secure his signature to such petition, or to keep such person from signing such petition, shall be guilty of a misdemeanor and shall be fined not less that $ioo, nor more than $500, and the signature of any person secured to such petition by bri- bery, bovcott or intimidation shall be stricken from such pe- tition. '[98 O. L. 70.] Sec. 5. If the findings of the mayor or judge or a copy as recorded by the clerk of the municipal corporation or council on the records of the council shows that a major- ity of the qualified electors in the residence district named are in favor of prohibiting the sale of intoxicating liquors as a beverage, then, from and after thirty days from the date of such fiwling by the mayor or judge it shall be un- lawful for any person, personally or by agent within the limits of such residence district of such municipal corpora- tion to sell, furnish or give away any intoxicating liquors to be used as a beverage, or to keep a place where such in- toxicating liquors are kept for sale, given away or furnished for beverage purposes, and whoever from and after thirty days aforesaid in any manner whatever, directly or indi- ectly, sells, furnishes or gives away, or otherwise disposes of any intoxicating liquors as a beverage, or keeps or uses a place, structure or vehicle, whether permanent or tran- sient for such selling, furnishing or giving away or in which or from which intoxicating liquors are sold, furnished or given away or otherwise disposed of as aforesaid, or violates any of the provisions of this act shall be guilty of a misde- meanor and shall on conviction thereof be fined not morr than two hundred dollars nor less than fifty dollars for the first ofifense ; and shall for any subsequent offense be fined not more than five hundred dollars, nor less than two hun- dred dollars. The court on any conviction for a second or subsequent ofifense shall order the place where such liq- uor is sold, furnisli^d or given away for beverage purposes to be abated as a nuisance and shall order the person con- Bribery and intimidation ; penalty. When the sale in a residence district shall be unlawful. Penalty for making such prohibited sale. 54 OHIO ELECTION LAWS. Wli:t terri- tory controlled hy nsult of action. 'Meanire; of phras' "in- toxicating liquor." Rfgv.lar druggists. Manufacturer may sell at wholesale to retail dealers. Mi-aning of term "fiuali- fic'l elector." victed for [such] subsequent offense to give bond payable to the state of Ohio in the sum of one thousand dollars with sureties to the acceptance of the court that he will not sell, furnish or give away intoxicating liquor as a beverage in such residence district in violation of law. [98 O. L. j'l-] Sec. 6. The territory enclosed by the boundary of any residence district within which the sale of intoxicating liquors has been prohibited, as provided for in section one of this act, shall be controlled by the result of such action, and the law shall remain in full force and effect in said resi- dence district for two years and thereafter until another pe- tition is presented under the provisions of section two of this act in said residence district ; and after a petition against prohibiting the sale of intoxicating liquors has been pre- sented and held sufficient by the judge or mayor, another petition cannot be presented for two vears thereafter. [98 O. L. 72.] Sec. 7. The phrase "intoxicating liquor" as used in this act shall be construed to mean any distilled, malt, vin- ous or any intoxicating liquor, by whatever name the same may be known, but nothing in this act shall be construed to prevent the selling of intoxicating liquors at retail by a regular druggist for exclusively known medicinal, mechan- ical, pharmaceutical, scientific or sacramental purpose ; and when sold for medicinal purposes shall be sold only in good faith upon a written prescription issued, signed and dated in good faith by a reputable physician in active practice and the prescription used but once. Such prescription shall con- tain the name of the party for whom the liquor is prescribed, and direction for its use. The words "giving away'' where they occur in this act shall not apply to the giving away of intoxicating liquors by any person in his private dwell- ing unless such private dwelling is a place of public resort. And nothing contained in any of the sections of this act shall in any manner affect the right of any manufacturer of intoxicating liquors from the raw material, to sell, deliver and furnish his product in wholesale quantities to bona fide retail dealers trafficking in intoxicating liquors or in whole- sale quantities to any party or parties residing outside the limits of said district, nor of any bona fide wholesale -dealer in said district to sell or deliver intoxicating liquors in A'holesale quantities to customers of such district, or to bona fide residences in such district. The original petitions and findings of the mayor or judge shall be filed with the clerk of the municipal cor- poration or council as a public document. The term "quali- fied elector" as used in this act means registered male voters in all municipal corporations which have registered and all other male voters entitled to register who have been bona fide residents of the district for four months before such pe- tition is filed with the mayor or judge. In municipalities tnct. OHIO ELECTION LAWS. o5 which do not have registration, such male voter or male qualified elector must be a bona fide, resident of the district for four months before such petition is filed with the mayor or judge. The phrase ''residence district" as used in this act, sha'. M--aning of^ be construed to mean any clearly described, contiguous, dencedis- compact section or territory in a municipal corporatio:; bounded by street, corporation or other well recognized line- or boundaries and containing not fewer than three hundred qualified electors, nor more than five thousand qualified electors ; and such district shall not contain any block in which one-half or more of the foot frontage of such block is occupied by buildings and premises actually devoted to com- mercial, manufacturing, mercantile or other business pur- poses not including saloons ; and further, such district shall not contain the property or premises abutting on a section of a street lying between two consecutive cross or intersecting streets, from street to street, or extending for a distance of not less than five hundred feet along such, street on which said premises abut, whenever sixty-five per cent, of the foot frontage of such abutting property on each side of such street is occupied for and devoted to manufacturing, mercan- tile or other business purposes, not including saloons, if such section of such street is in the central or main business part of the municipal corporation ; provided, however, ihat in determining the total foot frontage referred to herein, prop- erty occupied by saloons shall not be counted as either busi- ness or residence property. Whenever a section of a street is made exempt from the provisions of this act, lot lines may be used in outlining the boundary of the district to exempt the property facin"- on such section of such street. Parks in residence districts and property devoted to educational, religious or charitable us,es, shall for the pur- pose of this act, be held to be occupied for residence pur- poses ; while public property devoted to other than the above specified uses, shall, for like purposes, be deemed to be occu- pied for business purposes. Buildings which have more than one-half of the floor space of the buildings used for residence purposes shall be counted as residence property. When but one side of said portion of said street is adaptable for residence or business purposes, then such side of such portion of such street shall determine whether the property abutting on both sides of such street be counted as business or residence property. The maximum length of a residence district shall not exceed three times its maximum width unless the boundaries of the municipal corporation or ex- empted territory jirevents the district from containing the requisite number of voters. In suvh case the boundaries shall follow the ] roportionate length and brealtli provided herein as nearly as possible. 56 OHIO ELECTION LAWS. Meaning of terms 'T)lock" and "saloon." Sufficiency of indictments under this «ct. Rebate of Dow tax when sale dis- continued. Disposition of ^ines collected. Former resi- dence dis- trict local op- tion law. Proceedings in error. The term "block" shall be construed to mean the terri- tory bounded by four well recognized adjacent streets and not alleys. The term "saloon" shall mean any place where intoxicating liquor is sold or trafficked in as a beverage. [98 O. L. 72.] Sec. 8. In indictments, informations or affidavits for violations of this act, it shall not be necessary to set forth the facts showing that the required number of electors in any residence district of a municipal corporation signed a peti- tion in favor of prohibiting the sale of intoxicating liquors or that there was a public hearing or that any finding was made upon such petition or that a certificate of such findings with the petition was transmitted to the clerk or a record made of it by the clerk, as hereinbefore provided ; but, it shall be sufficient to state that the act complained of was then and there in the residence district named prohibited and unlawful. [98 O. L. 73.] Sec. 9. When any person, company or corporation engaged in the traffic has discontinued such traffic within the time specified by section one of this act and has paid or is charged upon the tax duplicate with an assessment upon such traffic, the county auditor, upon being satisfied of such facts shall issue to such person, company or corporation a re- funding order of an amount proportionate to the unexpired time for which said assessment has been paid or is charged. [98 O. L. 74.] Sec. 10. Money received from fines and forfeited bonds collected under the provisions of this act, shall be paid into the treasury of the municipal corporation wherein such fine was imposed or bond forfeited, and shall be applied to such purposes as the council thereof may direct. [98 O. L- 74.] Sec. II. In all residence districts where the sale of intoxicating liquor has been prohibited under the provisions of the act entitled "An act further to provide against the evils resulting from the traffic in intoxicating liquors by pro- viding for local option in residence districts of municipal corporations," passed April 18, 1904 (97 O. L. 87), such law thus prohibiting the sale of intoxicating liquors as a beverage shall remain in full force and effect in such resi- dence district for two years from the date of the local option election held and thereafter until a petition has been pre- sented to the mayor or judge as provided for in section one or two of this act. [98 O. L. 74.] Sec. 12. Any person being a qualified elector of any residence district of any municipal corporation wherein a petition shall have been presented and held sufficient by a mayor or judge as provided for in this act may prosecute error from such finding by first filing a motion for leave to file a petition in error with the circuit court of the county OHIO ELECTION LAWS. 57 in which such residence district is situated. The motion shall not be granted unkss for good cause shown. "If such motion is granted, a petition in error shall be filed within fifteen days after the finding or decision of the mayor or judge setting forth the errors complained of. The circuit court upon the filing of such petition shall forthwith issue a summons addressed, to the mayor of such municipal cor- poration notifying him of the filing of the petition in error . and directing him to appear in said court on behalf of said residence district at the time mentioned in the summons which time shall not be more than thirty days after the find- ing or decision of the mayor or judge nor less than ten days after the filing of such petition. The circuit court shall have final jurisdiction to hear and determine the merits of the proceedings and there shall be no appeal or error pro- ceedings allowed from such decision. The circuit court shall require the person or persons prosecuting error from the finding or decision of the mayor or judge to furnish security for costs" before such petition is filed. Any qualified elector in such residence district may appear in person or by attorney at such hearing before tlie circuit court or on the motion for leave to fik petition in error in defense of the validity of th€ proceedings before the mayor or judge tak- ing action upon the petition. Sec. 13. That the act entitled "An act further to pm- vide against the evils resulting from the traffic in intoxicat- ing liquors by provi- levy for such purpose must be sub- mitted to vote. When vote not necessary. Sucll high school shall be under con- trol of board of education of district in which school- house is lo- cated. How funds provided. board may submit the question of levying a tax on the property in their respective districts, for the purpose of purchasing a site and erecting a building, and may issue bonds, as is provided for in section thirty-nine hundred and [ninety-one,] sixty-one, thirty-nine hundred and [ninety-two] sixty-two and thirty-nine hundred and [ninety-three] sixty-three of the Revised Statutes of Ohio, but said question of tax levy must carry in both ~ districts !3€fore it. shall become operative in either. If said boards of education have sufficient money in the treasury to pur- chase said site and erect said building, or if there is a suit- able building in either district owned by the' board of edu- cation that can be used for a high school building, it shall not be necessary to submit the proposition to a vote, and the boards are authorized to appropriate money from their funds for this purpose. Any high school so established rhall be under the management of the board of education of the district in which the school house is located, and shall be free to all youth of school age within both districts, subject to such rules and regulations as may be adopted by the board of education having control of the school in regard to the qualifications in scholarship requisite for admission, such rules and regulations to be of uniform operation throughout both districts. The funds for the maintenance and support of such high school shall be pro- vided by appropriations from the tuition or contingent funds, or both, of each district, in proportion to the total valu- ation of property in the respective districts, the same to be placed in a separate fund in the treasury of the board of education having control of the school and paid out by action of said board, but only for the purposes of maintain- ing said school. [97 v. 359.] OHIO ELECTION LAWS. 73 ^ TURNPIKES. Sec. 4763. The commissioner shall not levy any gen- eral tax, nor appropriate any money, except so far as may be necessary to pay the expense of preliminary surveys already commenced, or any other liabilities already incurred, to be expended in the construction of such turnpikes, with- out first submitting to the qualified voters of the county the question as to the policy of constructing such roads by gen- eral tax, which submission shall be made at any annual spring or fall election ; and the commissioners shall cause public notice of such vote to be given by publication in all the newspapers printed and of general circulation in the county, and also by causing handbills to be posted up, at the usual place of holding election, in each township and ward throughout the county at least fifteen days prior to such election ; provided, that in any county in which such question has heretofore been submitted, under the authority of an act entitled "An act to authorize county commissioners to locate and construct turnpike roads," passed April 30, 1869, and acts amendatory thereto, and in Vv-hich, at such election, the majority of the votes cast v/ere in favor of such policy, no vote shall again be required to authorize the com- missioners to continue such tax and improve roads as pro- vided for in this chapter, [yy v. 161.] Sec. 4764. The judges of such election in the several townships and wards in any county in which such question is submitted, and such notice given, as aforesaid, shall open a poll for taking such vote, receive and count the ballots cast, and within three days thereafter return to the auditor of the county a full and correct abstract of the votes, and shall in all respects be governed by the laws regulating gen- eral elections, and be entitled to the same compensation for returning the poll-books, which shall be paid out of the county treasury on the order of the auditor ; and the poll- books so returned shall, within five days from the day of holding such election, be opened, and the votes counted by the commissioners and auditor of the county, and a correct statement of the result shall be kept by the auditor on file in h'is office for public inspection. [67 v. 9, § 2.] Sec. 4765. If at such election a majority of the votes so cast be against the policy of constructing such turnpikes, the commissioners shall not assess any tax for that purpose, but they may, on petition of not less than one hundred tax- payers of the county, again submit the same question at any regular annual election, either in the spring or fall, to the qualified voters of the county, notice of which shall be given and the election conducted in all respects in the manner prescribed in the two preceding section^. [67 v. 9, § 3.] Questions of general tax for turnpikes , must be sub- mitted to electors. Conduct of the election. Question may be again sub- mitted. 74 OHIO ELECTION LAWS. lifFect of an affirmative vote. Villages may assist in con- structing svicli roads. May issue bonds. Tax to be sub- mitted to electors. Sec. 4766. If at any such election a majority be found in favor of the construction of such turnpikes, the commis- sioners may proceed to levy taxes, issue bonds, and appro- priate and expend money in the construction of such turn- pike roads, as in their judgment may be necessary to the public convenience and promotive of the public interest. Sec. 4823. Councils of villages are authorized to levy a tax to construct free turnpike roads, or a part thereof, in counties wherein such villages are situated, and terminating or running through such villages, and for this purpose such councils are' authorized to issue the bonds of the villages, payable with legal interest at such times as the councils, may deem advisable, and such bonds shall not be sold for less than their par value. [64 v. 54, § 2 ; 64 v. 109, § i.J Sec. 4824. For the purpose of paying such bonds, and the interest thereon, as the same become due, the councils are authorized to levy a tax upon the taxable property of such villages sufficient for the purpose, not exceeding five mills on the dollar in any year; but such tax shall in no case be levied, nor shall such bonds be issued, until at some regular election, held in such villages, the majority of the qualified electors thereof approve the tax ; and in case the amount to be appropriated for any one road does not ex- ceed the sum of five hundred dollars, the councils may ap- propriate and apply the same in money for said road im- provement, out of any money on hand, or funds not other- wise appropriated, without issuing bonds or levying a tax, such appropriation to be made by an ordinance passed for the purpose, specifying particularly the amount, and for what road appropriated. [72 v. 83, § 3.] OHIO ELECTION LAWS. 7& ELECTION' PRECINCTS. Sec. 2923. Each township, exckisive of the territory embraced within the Hmits of a municipal corporation, shall compose an election precinct, imless such township is divided according^ to law. into precincts. Each municipal corpora- tion containing fifty or more voters, shall also compose an election precinct, unless such corporation is divided, according to lav*-, mto precincts ; but if such municipal cor- poration is situated in two or more townships, the territory of such corporation situated in such townships together with the territory attached thereto for voting purposes, shall con- stitute at least one election precinct, provided that territory , annexed to a village for school purposes may be included within a village precinct if the deputy state supervisors are of the opinion the same is practicable and most convenient to the voters. Each ward of every city shall compose one election precinct, unless such ward is divided, according to law, into precincts. Elections shall be held for every town- ship precinct at such place within the township as the trus- tees thereof shall determine to be most convenient of access for the voters of such precinct, and for each municipal, or ward precinct, at such place as the council of the corporation shall designate. Provided that in registration 'cities, the deputy state supervisors of election shall designate such place of holding election in each precinct. [98 O. L. 234.] The polling place of a village precinct should not be within the same room as that selected by the township as a township polling place. Under the present law it is necessary to have sepa- rate ballots and ballot boxes with separate judges of election for each votirg precinct, and it would not be proper for two sets of officers to conduct an election within the same polling place. 2-21-06. Sec. 2966-15. In all municipalities where registration is not required, and in townships, when four hundred votes or more have been cast at the last preceding November election in any ward or township, or in any precinct therein, such ward, township or election precinct may, or, when a majority of the voters petition therefor, shall be divided by the deputy state supervisor, as hereinafter provided, into two or more election precincts, so as to limit the number of voters in each ward or precinct to two hundred, as nearly as may be practicable ; and from time to time, any or all of such precincts may be rearranged, subdivided, or combined as often as may be deemed necessary or the convenience of th electors and the prompt and correct conduct of the elec- tions may require, provided that no precinct hereafter cre- ated shall contain less than one hundred and fifty voters ; except^ that a municipality containing fifty or more voters shall compare at least one votino- precinct as provided in section 2923 herein, and in a municipality situated in two or more townships, the part thereof in each township shall compose at least one voting precinct if there are fifty or Election pre- cincts : how composed. Division of wards, town- ships or pre- cincts. Rearrange- ment, subdi- vision or com- bination of such precincts. Precincts shall contain at least one hundred and fifty voters; exception. 76 OHIO ELECTION LAWS. Notice of pro- posed change. Hearing and determination of question. Precincts in re^stration Election of assessors. Election pre- cincts in cities in which regis- tration is re- quired. . more voters therein. At least thirty days previous to any election the officers above named shall give ten days' notice, by publication in two papers of opposite politics published in the county, that the question whether the township, ward or precinct, or precincts, shall be divided, changed or com- l>ined, will be considered on a day named in said notice. Qn said day, or some subsequent day to which the matter may he adjourned, the question of dividing, changing or combin- ing said precinct shall be heard, and if there are no remon- strances against said division, change or combination, they shall declare the same, and the precincts so established ; but if any twelve electors of such precinct remonstrate against such division, change or combination, the matter shall be heard and determined, and such order made for or against such division, change or combination as is deemed proper ; provided, that nothing in this section shall be construed to affect the power and duties of boards of deputy state supervisors in reference to the ■ division of election precincts within such cities as provided in section 2926 of the Revised Statutes ; provided, further, that the division of any election precinct into two or more subdivi- sions, as herein provided, shall not be construed as requir- ing the election of an assessor in each such subdivision, but in all such election precincts subdivided as aforesaid there shall be elected one assessor for each original pre- cinct unless the deputy state supervisors, at the time of the division, shall order that an assessor be elected in each precinct. [97 v. 225.] Where the board of deputy state supervisors has divided a precinct in accordance with law, the presiding judge in each of the precincts should be from the dominant party in the whole pre- cinct as determined by the vote in such precinct at the next pre- ceding November election. L. 10-15-01. The deputy state supervisors of a county have no authority to divide a township into two or more election precincts unless 400 votes or more are cast therein at the last preceding November election. L. 10-19-06. Sec. 2926. In cities in which registration is required IS hereinafter provided Vvhen five hundred votes or more ■^ave been cast at the last preceding election in any ward, ;r in any precinct in any ward, such ward or election pre- cinct shall l>e divided by the board of deputy state super- visors of elections of the county, hereinafter provided for, into two or more election precincts, so as to limit the number of votes in each ward of precinct to two hundred and fifty, as nearly as may be practicable. And from time to time thereafter the said board shall rearrange, subdivide or combine prccin^-ts, as often as it, may deem such action necessary to secure the convenience of elec- tors and the prompt and correct conduct of elections ; but no such precinct hereafter created shall contain less than two hundred votes. [97 v. 192.] As to leHslative power to require registration, see Dagget v. Hudson 43 O. S. 548. OHIO ELECTION LAWS. 77 SUPERVISORY ELECTION LAWS. (2966-1.) Sec. I. There is hereby ereated the offices state super- of state supervisor of elections, state supervisor and in- l^^nl, "state*^^" spector of elections, deputy state supervisors of elections, supervisor and '^ . , ^ ^ . ■' . . ^ ri^- inspector of and deputy state supervisors and inspectors oi elections, elections, with the powers and duties hereinafter prescribed, for the fuS^rviso^rs*^ conduct and supervision of the registration of electors, and and deputy ,,.,.*,. ^ , . . , , , state super- ot elections in this state, . except as otherwise provided bv visors and in- law. [97 V. 218.] < ' Sons.°' Tlic deputy state supervisors are not constituted a board, or corporate body by the statute, but each one acts simply . as a deputy state supervisor, and in case of Htigation the action should be against him in that capacity, and he may prosecute an error, even though the others refuse to join with him. Randall et al. v. State Ex rel: Hunter et al. 04 O. S. 57. The decision of the state supervisor of clcctiurs as to mat- ters in controversy submitted to him by the deputy state super- visor, is final. It is the duty of said deputy state supervisors to obey such decision of the state supervisor of elections, and it is error for a court, by mandamus or otherwise, to order such deputy state suoervisors to perform an act contrary to such decision 01 the state supervisor of elections. Randall et al. v. State Ex rel. Hunter, 64 O. S. 57. A court of equity will not enjoin a board of elections from proceeding in the exercise of its powers pn the ground that such proceedings are irregular or illegal, where it does not appear that they will involve any expenditure of the public funds. Columbus V. City Board of Elections, 13 O. D. 452. As to powers of board of elections to employ legal counsel see State Ex rel. v. Boyden, 10 O. C. D. 137. Under this provision it is the duty of the state supervisor, when he has reason to believe that the law has been violated in any particular locality, to order the deputy state supervisors to make an investigation, and the deputy supervisors not only have the power, but it is also their dutv. when so ordered, to make the in\ cstigation. T. 11-20-93. The state supervisor or the deputy state supervisors have no duties to perform until after the election has been ordered by the properly constituted authorities. T. 9-19-94. Under Sec. 891a the commissioners of a county may receive, or rfccept a gift ,or bequest for library purposes, but there is no provision to submit to a vote of the people, the question of such acceptance, and the board of deputy suoervisors of elections have no authority to do so. L. 10-12-06. The board of deputy state supervisors of a county have no authority to submit a question to a vote of the people of such county at the November election, unless such question is author- ized by law to be so submitted. L. 10-15-06. (2966-2.) Sec. 2. By virtue of his office the secrc- state super- tarv of state shall be the state supervisor of elections, anc' X'^*"" ^* e'^<^- ,1",, • I- ifi,- 1-, tions and st.nte the State supervisor and inspector of elections, and in ad , supervisor and dition to the duties now imposed upon him by law, shal' ekctlon"'^ °^ perform the duties of such offices as defined herein. [97 V. 218.] Courts can not by injunction interfere with public elections. An election by the voters of certain territory in the township which OHIO ELECTION LAWS. Appointments, qualifications and term of deputy state supervisors. Vacancies. Recommen- dation by party execu- tive commit- tees. Determina- tion of right- ful executive committee when recom- mendation is made by more than one ■committee, each claiming to be rightful. it is proposed to incorporate as a hamlet can not therefore be in- terfered with by injunction. Lawrence v. Mitchell 8 N. P. 8. It is not the duty of the Secretary of State to render opinions as to every election complication that arises, but only to advise the deputy state supervisors as to the proper method of conduct- ing elections after they- have been called. T. 4-25-94. (2966-3.) Sec. 3. On or before the first Monday in August, 1892, such state supervisor shall appoint four deputy state supervisors for each county in this state, who shall be qualified electors of the county for which appointed. For the first appointment, two members shall be appointed for a term of one year, and two for a term of two years from the first Monday in August, 1892. One member so appointed for one year and one for two years, shall be from the political party which cast the highest number of votes at the last preceding November election for governor or sec- retary of state. The other two members shall be appointed from the political party which cast the next highest num- ber of votes for such officer at said November election. Thereafter except in counties containing cities wherein an- nual general registration of electors is required by this act, appointments shall be made annually for two deputy state siipervisors for each county for the term of two years, which appointments shall be made from two political parties which cast the highest and next highest number of votes at the last preceding November election for governor or secretary of state. All vacancies shall be filled and all appointments to new terms made from the political party to which the vacat- ing or outgoing member belongs, unless there be a third political party which cast a greater number of votes in this state than did the party to which the retiring member be- longed, at the next preceding November election in which event the vacancy shall be filled from such third party. Pro- vided, that if the executive committees of the two political parties in the county casting the highest and next highest ntmiber of votes in this state at the last preceding November election, recommend qualified persons to the state supervi- sor at least fifteen days before the first day of August, then the state supervisor shall appoint the persons so recom- -r ended to the number to which such party is entitled; pro- vided, whenever recommendations are made to the state s i.pervisor of elections for appointment to new terms or to fill vacancies in the office of deputy state supervisor of elec- tions, or deputy state supervisors and inspectors of elec- tions, by more than one committee each claiming to be the rightful executive committee of a political party entitled to recommend qualified persons for appointment on such boards, the state supervisors of elections shall, before mak- ing any such appointment, notify the chairman of the state central committee of the political party entitled to such ap- pointment or appointments, and shall recognize that com- OHIO ELECTION LAWS. 79 mittee as the rightfvil executiv^e committee which said state central committee shall certify to be the rightful committee of said party; provided, however, that if, such committee shall fail to make such certification for ten days from the giving of such notice, then the state supervisor of elections shall determine which of said disputing bodies or com- mittees is the rightful committee of such party arid shall make the appointment or appointments agreeable to the provisions of this section. Whenever a vacancy occurs in the membership of any Vacancies, board of deputy state supervisors of elections or deputy state supervisors and inspectors of elections, if within five days after such vacancy occurs the executive committee of the party entitled to the appointment to fill such vacancy recommends a qualified person to the state supervisors of elections, he shall appoint such person to fill such vacancy for the unexpired term ; but if no such recommendations are made, the state supervisor shall make the appointment agree- able to the provisions herein contained. Any deputy state Removals, supervisor may be removed by the state supervisor for mis- feasance or malfeasance in office or other good and suffi- cient cause, and if, in filling vacancies caused by removals, no person or persons belonging to the political party as the person or persons removed, can be induced to accept such appointment, then the vacancies can be filled by appoint- ments from any other political party. On or before the first day of May, 1904, the state super- visor and the inspector of elections shall appoint four deputy state supervisor-s and inspectors of elections, in each terms of wy county in the state which contains a city wherein annual pcrvisors and general registration of electors is required by this act, who '"^p^'^to'^^- shall be qualified electors of the county for which they are appointed. For the first appointments, two members shall be ap- pointed for the term of two years, and two for the term of four years, from the first day of May, 1904. One member so appointed for two years, and one for four years, shall be from the political party which cast the highest number of votes at the last preceding November election for gover- nor or secretary of state ; the other two members shall be appointed from the political party which cast the next highest number of votes for such officer at said November election. Thereafter, appointments shall be made biennial [bi- ennially] for two deputy state supervisors and inspectors of elections for each such county, for the term of four years which appointment shall be from the two political parties which cast the highest and the next highest number of votes at the last preceding November election for gover- nor or secretary of state. All vacancies shall be filled and vacancies, all appointments to new terms made from the political party Ai)point- ments. i|ii;i'i- fications an. I 80 OHIO ELECTION LAWS. Recommenda- tions by part}' execu- tive commit- tees. Powers and duties of state supsrvisor ^and inspector of elections and deputy state supervi- sors and in- spectors of elections. Deputy clerk; compensation. Organization and selection of clsrk and deputy clerk. to which the vacating or outgoing member belongs, unless there be a third political party which cast a greater number of votes in this state at the next preceding November elec- tion than did the party to which the retiring member be- longed, in which event the vacancy shall be filled from such third party. Provided, that if the executive committees of the tvvO political parties in the county casting the highest and the next highest number of votes in this state at the last preceding November election, recommend qualified per- sons to the state supervisor and inspector of elections at least five days before the first day of May, then the state supervisor and inspector shall appoint the persons so recom- mended to the number to which such party is entitled ; but if no such recommendation is made, the state supervisor and inspector shall make the appointments agreeble to the provisions herein contained. The state supervisor and inspector of elections and the deputy state supervisors and inspectors of elections shall have, in addition to the powers and duties conferred upon them for the mvestigation and prosecution of offenses against the registration and election laws of this state, all the rights, pov/ers and duties conferred and imposed by law upon the state supervisor of elections, and the deputy state supervisors of elections ; and except where otherwise ex- pressly provided the term "state supervisor" shall be taken to apply to the state supervisor and inspector equally with the state supervisor, and the terms "deputy state supervisor" and "deputy state supervisors" shall be taken to apply to deputy state supervisors and inspectors of elections equally with deputy state supervisors of elections, and the terrii "clerk" shall be taken to apply to the clerk of the board of deputy state supervisors and inspectors of elections equally with the clerk of the board of deputy state supervisors of elections. ^' The board of deputy state supervisors and inspectors of elections shall also appoint a deputy clerk who shall per- form such duties and' receive such compensation, not ex- ceeding one hundred and fifty dollars per month, as shall be determined by the board. The deputy state supervisors and inspectors of elections shall, within five days after this appointment, and biennially thereafter meet and organize by selecting one of their num- ber as chief deputy, who shall preside at all meetings, and two resident electors of the county, other than members of the board; as clerk and deputy clerk respectively, all of which officers shall continue in office for two years. The balloting for such officers shall commence at or before one o'clock p. m. of the day^of the convening, and at least one ballot shall be taken every twenty minutes until such organi- zation is eflfected, or five ballots have been cast as herein- after provided. OHIO ELECTION LAWS. 81 The clerk shall first be selected by the votes of at least three members, and if, after five ballots, no person shall be agreed upon as clerk, the names of all persons so voted for on such fifth ballot, together with the names of the deputies who nominated them, shall be certified to the state super- visor and inspector of elections, who shall designate there- from one of such persons to serve as clerk, and another such person to serve as deputy clerk. The clerk and deputy clerk shall be of opposite political * parties, and each such officer shall have been nominated by a deputy state super- visor and inspector of the political party to which he belongs. After the selection of the clerk, the chief deputy shall s.^.'"*'^" °* be selected from the deputies of opposite politics to that of '^ '*" ^^^ ^' the clerk, and if upon the first ballot no person shall be agreed upon as chief deputy, the deputy of opposite politics to the clerk and having the shortest term to serve shall be and act as chief deputy, presiding at all meetings. When Report of such organization is perfected, the clerk shall forthwith °'"8a'"^=»t'<"*- report the same to the state supervisor and inspector of elections. All vacancies in the office of chief deputy clerk, and deputy clerk, shall be filled in the same manner as or- iginal selections are made and by persons belonging to the same political party as that to which the outgoing officer belonged. The clerk, or deputy clerk, may be removed by the state supervisor and inspector, or by the deputy state supervisors and inspectors, for any violation or neglect of duty, or other good and sufficient cause. [98 O. L. 288.] By section 2966-3, of the Revised Statutes, the state super- visor of election was required, on or before the first Monday in August, 1892, to appoint deputy state supervisors of election for the term of one and two years from that date, as therein provided; and, as the first Monday in August of the year was the first day of the month, that becarne the day of the month for the beginning of the terms of subsequent appointees, and on or before which such subsequent appointments should be made. State Ex rel. Culbert v. Kinney, Secretary, 63 O. S. 304. When a recommendation for the appointment of a qualified person as deputy state supervisors of elections, signed by the chair- man, secretary and members of the county executive committee of a political party that at the present November election cast the highest number of votes for governor or secretary of state, is placed on file with the state supervisor of elections, within the re- quired time, it is his duty to appoint the person so recommended. State Ex rel. Culbert v. Kinney, Secretary, 63 O. S. 304. Mandamus is the proper remedy to enforce the performance of that duty. State Ex rel. Culbert v. Kinney, Secretary, 63 O. S. 304. As to county boards of elections — Who eligible to appointment on — Duty of Probate Judge in respect of. State Ex rel. v. Finger, 48 O. S. 505. The Deputy State Supervisors of Elections are not officers within the legal definition of that term, and, though their juris- diction may be co-terminous with that of the county, they are 6 E L «2 OHIO ELECTION LAWS. -not county officers, and, therefore, Sec. "2966-3 R. S. does not violate Sec. 1 of Art. 10 of the Constitution. State Ex rel, Vail v. Craig, 8 N. P. 148. The deputy siipervisors of election of the county have the power to decide questions of substance, as well as form. Ques- tions that arise in the ''course of the nomination" of candidates, including those which arose before, as well as after, the certifi- cates of nomination are made by the • proper persons. Their de- cision of such questions is final. Gregg V. Rogers, 1 N. P. 117. The question what constitutes an "Executive Committee" witii- in the meaning of the election laws must be determined by the usages and custom of the party of the county. Where a county central committee exercises full control arid management of the political affairs of the county and has not conferred such authority upon an executive committee, then the central committee would be authorized to make such recommendation. But if the central committee has duly appointed an executive committee with power to act in the management ' and control of the political affairs of the county until the creation of a new committee, such executive committee would have authority to make such recommendation. L. 7-9-06. While the statutes governi'ng the conduct of elections refer to the "Executive Committee" of a political party, such statutes do not define the manner in which a political party shall elect such committee. In such case it is proper to consider the custom and usage- of such party in the selection' of its controlling committees. I am, however, clearly of the opinion that the county central com- mittee of a political party is tlie only body having authority to appoint an executive committee. Failing to make such appoint- ment the central committee itself becomes the executive committee within the meaning of the laws above referred to. L. 10-3-06. When the state central committee of a political party has determined which of two rival county committees is the ' "rightful executive committee" of such party under the provisions of this section, it is the duty of the state supervisor of elections, and the county board of deputy state supervisors to recognize such executive committee in all matters where the county exectitive committee of such party is authorized to act. L. 8-27-06. The members of a county central committee of a political party should be chosen at a primary or county convention for the nomination of county officers or delegates, in an even numbered year, when county officers are to be elected. In like manner town- ship committees should be chosen at a primary election, caucus or convention of township officers. L. 9-7-06. The term of the clerk like the newly appointed members of the board begins on August 1st and extends for one year. Where the board fails to organize until a later date the old clerk holds over, and the term of the new clerk is shortened to that extent. L. 8-13-06. Temporary removal from a county, by a deputy supervisor, with intention of returning, as soon as the reason for such tem- porary removal ceases, does not disqualify, if such removal does not prevent him from discharging his official duties as such deputy supervisor. L. 10-31-06. Charges ■ against any deputy state supervisor, for misfeasance or malfeasance in office may be preferred by any elector; charges that he has ceased to act with his political party, or does not rep- resent its interest may be preferred by the executive committee recommending his appointment. L. 11-5-06. The state supervisor has no authority to remove a member of the board, except for misfeasance or malfeasance in office, or /)ther good and sufficient cause. L. 10-27-06. OHIO ELECTION LAW; 83 Where a board of deputy state supervisors has organized under the laws by casting lots for the clerk and such action ha? been recorded, and the board has entered upon its duties, no pro- vision is made for an inquirv into the mknner of such organiza- tion. L. 9-21-05. Sec. (2966-4.) Sec. 4. The deputy state supervisors shall, within fifteen days after their appointment, in each year, meet in the office of the county commissioners or in counties containing registration cities at their office in such city as may be most convenient and organize by selecting one of their number as chief deputy, who shall preside at all ineetings, and a resident elector of such county, other than a member of the board, as clerk, both of which officers shall continue in office for one year. The balloting for such officers shall commence at or before i o'clock p. m., on the day of convening, and at least one ballot shall be taken every twenty minutes until such organization is effected. The clerk shall be first selected by the votes of at least three members, and if, after five ballots no person shall be agreed upon as clerk, the clerk shall be selected by lot, from two persons of opposite politics, to be nominated by the deputy supervisors, the two deputy supervisors, of the same politics to name one candidate for clerk, and the two deputies of opposite politics to name the other. After the selection of the clerk the chief deputy shall be. selected from deputies of opposite politics to that of the clerk, and 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, and act as chief deputy, presiding at all meetings. When such organiza- tion is perfected, the clerk shall forthwith report the same to the state supervisor. The clerk may be removed by the 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 belonged. The clerk shall have power to administer oaths to such persons as are required by law to file certifi- cates or other papers with the board, and to judges and clerks of election, or any witnesses who may be called to testify before the board. Such deputy supervisors shall meet on the twelfth day before each election, and shall re- main in session for such length of time as may be necessary, and shall adjourn to such day as their duties prescribed by law may require. Each deputy state supervisor shall re- ceive for his services the sum of three dollars for each 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 ; and the compensation 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 vear. Provided that the compensation paid to each of said Deputy state supervisors ; organization. Chief deputy. Clerk. Report of or- ganization. Removal of clerk. Clerk's power to administer oath. Meetings of board. Compensation of members and clerk. 84 OHIO ELECTION LAWS. Minimum compensation. How paid. Necessary ex- penses. deputy supervisors under this section shall in no case be less than one hundred dollars per annum and that the com- pensation paid to the clerk shall in no case be less than one hundred and twenty-five dollars per annum. Such compensation shall be paid quarterly out of the general revenue fund of the county treasury upon vouchers of the board made and certified by the chief deputy and the clerk thereof. Upon presentation of such voucher or vouchers, the county auditor shall issue his warrant upon the treas- urer for the amount thereof and the treasurer shall pay the same. All proper necessary expenses of such board of deputy state supervisors shall be defrayed out of the county treasury as other county expenses, and the county commis- sioners shall make the necessary levy to meet the same ; which expenses shall, in the case of boards of supervisors and inspectors of elections, include all expenses authorized by the state supervisor and inspector and incurred in the investigation and prosecution of offenses against the laws relating to the registration of electors, the right of suffrage, and the conduct of elections. [97 v. 221.] An action against the individual members of a public board is a distinct action from one against the board as such, and can- not by answer be changed to an action against the board itself. State Ex rel. Wilmont et al. v. Buckley, et al. 17 C. C. 86. It is the duty of the board to have a sufficient and proper room or office in which to transact the business of the board, and it is also the duty of the board to file and carefully keep all papers, documents and supplies filed with such board and necessary in the performance of its 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 office, unless furnished by the commissioners at the Court House, together with the expense of such furniture, desk and files, are proper charges against the county, and should be paid out of the county treasury upon the order of the County Commissioners as other county expenses. L. 12-23-05. Whether the employment of a stenographer is a necessary and proper expense is for the deputy state supervisors and county com- missioners to determine. L. 11-10-05. There is no provision for payment of compensation in such case, other than for "Necessary expenses." L. 11-1-06. The compensation provided by the election laws is in full for all services rendered bv the board. No additional compensation can be paid for inspection of voting precincts of the county. L. 8-10-06. "Proper and necessary expenses of the board" applies 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 Aeir attendance upon meetings. L. 9-7-06. ' 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 "proper and necessary expenses of the board," but no additional compensa- tion can be allowed such officers in excess of the annual compensa- tion otherwise authorized by law. L. 9-15-06. In counties containing a registration city, the deputy clerk- of the board of deputy state supervisors has authority to administer OHIO ELECTION LAWS. 85 oaths and register electors within such registration city during the absence of the clerk. L. 9-15-06. Necessary travelling expenses of a cWef deputy and clerk in attendance upon a meeting of the district board for hearing objec- tions to a certificate of nomination of a candidate for a district office are "Expenses of the Board" within the meaning of above section and should be paid out of the county treasury. L. 11-5-06. The year referred to in the above, is that beginning on the 1st day of August, and the compensation, unless it falls within the $100. provision ,is determined by the number of election precincts in his county at the November election next preceding the 1st day of August upon which he enters his office. T. 1-30-07, "All proper necessarj' expenses of such board, etc.," does not include the expenses of the individual members of the board in travelling from their homes to the place of meeting of the board or otherwise incurred in attending such meeting. T. 1-25-07. Attendance by the chief deputy and clerk upon a district meeting as provided by Sec. 2966-23. is a duty enjoined by law, in the performance of which they are entitled to their necessary railroad fare and meals as "proper necessary expenses" and each countv should defray such expense of its chief denutv and clerk. T. 1-25-07. * ■ (2966-5.) Sec. 5. The secretary of state is hereby authorized and required to collate and publish from time to time all the election laws in force applicable to the con- duct of elections. There shall be a sufficient number of copies of such election laws printed, to be bound in paper, which shall be distributed in proportion to the number of voting precincts in each county, such distribution to be made in each county by the deputy supervisors therefor. [97 V. 222.] This law is constitutional. State v. Cincinnati 52 O. S. 419. (2966-6) Sec. 6. At least ten days before any gen- eral election the deputy supervisors of each county shall appoint, in all precincts^ in which the voters are not reg- istered four judges and two clerks of election, residents of the precinct who shall constitute the election of officers of such precinct ; the deputy supervisors shall designate one judge in each precinct, who shall be selected from the dominant party in such precinct, as determined by the next preceding November election, to act as presiding judge. The terms of the judges and clerks shall cease and termin- at ■ the end of one year from the date of their appoint- ment, at which time, and annually thereafter, their succes- sors shall be appointed to similar term of office, agreeably to the orovisions of this act. Not more than two judges and not more than one clerk shall belong to the same political party. If a judp^e or clerk in any precinct shall fail to appear on the morning of election, the electors pres- ent shall, viva voce, choose a suitable oerson. having the qualifications of an elector, to fill the vacancy from the political party to which the absent judge or clerk belonged. The judges and clerks shall each receive as compensation the sum of three dollars for their services, which services shall be the receiving, recording, canvassing, and making Codification and publica- tion of elec- tion laws. C)istribution. Appointment of clerks. Presiding judge. Terms. Appointment. Vacancy. Compensation. S6 OHIO ELECTION LAWS. Proviso. Removals. Oath of elec- tion officers. .'\ppointtnents for unexpired term. • return of all the votes that may be delivered to them in the voting precinct in which they preside on each election day; provided that in any county containing a city having a population of three hundred thousand or more, by the last preceding federal census, the compensation of judges and clerks of election for such services shall be five dollars ; and in cities where registration is required, the compensa- tion of judges and clerks of election shall be as otherwise provided in this act. The judges and clerks of election, appointed as provided in this section, may be summarily removed fiom office by the board of deputy state super- visors at any time for neglect of duty, malfeasance or mis- conduct therein, and in all cases the last appointmtnt to either of such offices for any precinct shall be recognized as valid. When any such officers have been removed and new appointments made, it shall be the duty of the board of deputy state supervisors to immediately send notice to the board of precinct officers. The judges and clerks of election may be sworn by the clerk of the board or any member thereof, and the presiding judge may administer the oath to the other election officers of his ward, township or precinct. Provided, that when new precincts have been created or vacancies exist, the deputy state supervisors shall at least ten days before any annual election appoint judges and clerks of election for such precincts, who shall serve for the unexpired term. [97 v. 222.] In determining which is the dominant party the board should take into consideration the result generally in the precinct at the last election, or in other words as to which party carried the pre- cincts for the most of its candidates. K. 10-25-98. Judges and clerks of election should be selected from "politi- cal parties," within the meaning of this section. The board may in its discretion appoint a judge or clerk from a political party other than the two political parties which cast the highest and next highest number of votes in the precincts at the next preceding November election. L. 10-14-01. A member of a board of deputy state supervisors is not elig- ible to serve as a judge or clerk of elections of a precinct within the iurisdiction of such board. L. 10-14-01. The board of deputy state supervisors have no authority to enter the precinct and superintend or interfere with the judges and clerks of election in the discharge of such duties, neither have they any authority or right to attend during the count of the votes in a precinct. L. 10-27-05. The state supervisor of elections has no authority to appoint judges and clerks of election. This duty devolves upon the board of deputy state supervisors of the county. L. 11-3-05. "The dominant party" of a precinct is the controlling or pre- vailing party of such precinct. Whether a party is the dominant party at an election mu.st be determined from the vote cast for the candidates of such party in such precinct. And the vote of such party cannot be determined by the vote of any one candidate of that party. L. 10-25-06. The "dominant party" of a precinct is the party which cast a majority of votes for the several candidates within the precinct for state, district and county officers. L. 10-2()-06. OHIO ELECTION LAWS. 87 The appointment of judges and clerks is wholly within the discretion of the board of deputy supervisors, and their action is not reviewable by the State Supervisor. L. 11-1-06. See note to Sec. 2966-15, as to presiding judge where a pre- cinct has been divided. (2966-7.) Sec. 7.' Each deputy supervisor of elec- tions shall, before entering upon his duties, appear before some person authorized to administer oaths, and take and subscribe to the following oath, which shall be filed with the clerk of the court of common pleas in the county where stich deputy resides : Oath of deputy supervisors. State of Ohio, county, ss. : I do solemnly swear (or affirm) that I will support the constitution of the United States and of the state of Ohio, and perform the duties of deputy state supervisor of elections to the best of my ability. Signed of Sworn to and subscribed before me this in the vear . day [Title of oificer,] The clerk of the deputy supervisors for each county Oath of clerk shall, befort entering upon his duties, take and subscribe super^Msors. 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 (or affirm) that I will support the constitution of the United States and of the state of Ohio, and discharge the duties of clerk of the deputy state supervisors for county to the best of my ability, and preserve and keep all records, documents and other property pertaining to the conduct of elections placed in my custody. Signed, . Sworn to and subscribed before me this day of — ■_ , in the year . ^ — , [Title of officer. \ The clerks and judges of election shall take and sub- path of clerks scribe to the following oath, which, upon request of the ^"*^ judges, person appointed, shall be administered without compensa- tion by any person authorized to administer oaths, and which shall be filed with the clerk of the deputy state supervisors : State of Ohio, county, ss. I do solemnly swear that I will support the constitu- tion of the United States and of the state of Ohio, and to the best of my ability discharge the duties of j'udge , clerk of the election in and for precinct , township, county, at the next ensuing election, and I further solemnly swear that if, in the dis- charge of my official duties, I gain knowledge as to how any elector voted at said election, I will not disclose the same. Signed, — ; . SH OHIO ELECTION LAWS. Sworn to and subscribed before me this of , in the year . day [91 V. 119.] Title of officer.'] Duties of judges and clerks. Duties of state supervisor and deputy state super- visors. Certificates 01 nomination.s and nomina- tion papers. Investigation and prosecu- tion of viola- tion of elec- tion laws. General duties •of deputy supervisors. (2966-8.) Sec. 8. The judges and clerks provided for herein shall serve as such in all elections held under the provisions ,of this act. They shall perform all the duties and be subject to all the penalties imposed upon judges and clerks of election by law. The state supervisor of eltctions, the deputy state supervisors, and the deputy state supervisors and inspec- tors of elections, as herein provided, shall perform all the duties imposed by law. The state supervisor of elections and the deputy state supervisors shall receive and file certificates of nomina- tions and nomination papers, pass upon the validity thereof and certify the same agreeably to the provisions of law. It shall be the duty of the boards of deputy state super- visors and inspectors of elections to investigate and prose- cute all violations of the laws relating to the registration of electors, the right of suffrage and the conduct of elec- tions, and to report the same to the state supervisor and inspector of elections ; and when approved by the state supervisor and inspector, and by a vote of a majority of all its members, each such board may incur any expense necessary to the conduct of such investigations and prose-, cutions. The deputy 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 ; they shall receive the ballots from the printer and cause the same to be securely sealed up in their presence in packages, one for each precinct, containing the designated number of ballots for each precinct, and shall make the necessary in- dorsement thereon as provided in the ballot laws ; they shall provide for the delivery of the ballots, poll-books and other required books and papers at the polling places in the sev- eral precincts ; they shall cause the polling places to be suit- ably provided with booths, guard-rails, etc., as provided in the act of April 30, 1891, and acts amendatory and supple- mentary thereto; they shall provide for the care and cus- tody of the same during the intervals between elections ; they shall receive the returns of elections, canvass them, and make abstracts of the same, and transmit such abstracts to the proper ofificers at the times and in the manner provided in sections 2980, 2982, 2983, 2989 and 2994 of the Revised Statutes, to canvass the returns, make abstracts thereof, transmit the same and issue certificates to persons entitled to the same. OHIO ELECTION LAWS. 89 In Xovember elections for township or municipal offi- cers, or boards of education, or the election of a justice of the peace, the judges and clerks of election in each precinct shall make and certify the returns to the clerk of the town- ship or the clerk or auditor of the municipality in or for which the election is held, or the clerk of the. board of education of the school district, instead of to the deputy state supervisors, and the said township clerk, or the clerk or auditor of the municipality, or clerk of the board of education, shall canvass the vote and declare the result in the manner, and as provided in sections 1453, 1729 and - 3910 of the Revised Statutes, and in case of an election of a justice of the peace, shall certify the result to the board of deputy state supervisors : but in municipalities w^here the voters are registered the returns of the election of municipal officers or boards of education or justices of the peace shall be made to the board of deputy state super- visors, and canvassed by a board of canvassers, consisting of the board of deputy state supervisors and the city auditor. [97 V. 223.] In certifying the election of an officer the power of the deputy- state supervisor of elections is limited to certifying that the suc- cessful candidate has been elected and they have no power to decide upon a disputed term of office. State Ex rel. Pardee v. Pattison, Governor et al. 73 O. S. 305. The duties of the board of deputy supervisors of elections in making the abstracts of votes returned by the precinct officers are purely ministerial, and limited to compiling the votes shown by the tally sheets so returned to certifying and transmitting the abstract so made to the proper officers. The board is without au- thority to hear evidence to contradict or explain tally-sheets, or to in any manner determine any questions relative to disputed ballots or contested matters. K. 10-30-00. The board of deputy state super\nsors are public officers, and, in a prosecution for violation of the election laws are not required to give security for costs. T. 11-27-94. The compensation allowed judges of election for carrying the returns to the board on election night should be paid out of the county fund. L. 11-16-05. The judge appointed to carry the returns of the election of township officers to the township clerk is entitled to compensation provided for in Sec. 2966-52. Such compensation is usually allowed by the county auditor out of the county funds, but by that officer charged back to the township. L. 11-20-05. Where an elector registers more than once, and evidence satisfactory to the board is had that it was done with fraudulent intent, it i^ their dnty to orosecute. L. 11-1-06. See Section 2966-27 and cases there cited as to printing ballots. (2966-9.) Sec. 9. Any deputy state supervisor of elections or anv clerk of the deputy supervisors for any county, upon whom a duty is imposed by law, who shall wilfully and negligentlv violate his ^said duty, or who shall wilfullv neglect to perform such duty, or who shall wilfully perform it in such a way as to hinder the objects of the Return and canvass of vote for town- ship and mu- nicipal oflfi- cers, mem- bers of boards of education and justices of the peace. Penalty for violation, neg- lect, or wrong performance of duty, or disobedience, by deputy supervisor or clerk. 90 OHIO ELECTION LAWS. Investigation of irregulari- ties or non- performance of duty by election offi- cer ; report thereon. Prosecutions. Judges and clerks of elec- tion now in office; their successors. Compensation of state su- pervisor. Poll-books and tally-sheets. Ballot-box and custody of. law, or who shall wilfully disobey any provision of the law incumbent on him, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment in jail not more than one year, or both. [89 v. 460.] (2966-10.) Sec. 9a. It shall be the duty of the county boards of deputy state supervisors to investigate all irregularities or non-performance of duty by any election officer that iiiay be reported to them, or that comes to their knowledge, and report the facts to the state supervisor of elections and to the prosecuting attorney of the county ; and the state supervisor of elections, or the deputy state supervisors of the county, shall have authority, and it is hereby made their duty, to order the prosecution of all offenses for violations of this- act, or any of tTie laws of the state relating to the conduct of elections. [91 v. 121.] (2966-11.) Sec. 6. The judges and clerks of election now in office shall serve as such until the first day of Octo- ber, 1894, when their terms of office shall cease and deter- mine; after such date, and at least ten days prior to the November election, the deputy state supervisors shall ap- point their successors for the terms and in the manner provided by law. [91 v. 122.] (2966-12.) Sec. I. The state supervisor of elections shall receive, as compensation for his services in said capa- city, an ^nual salary of one thousand dollars. [97 v. 224.] POLL-BOOKS AND TALLY-SHEETS. Sec. 1252. The deputy state supervisors shall furnish, at the expense of the county, and at least five days before the day of election, all the necessary poll-books and tally- sheets required in each voting precinct in the county, for all presidential, congressional, state, county, municipal, township or other elections. * * * [go v. 277.] BALLOT-BOXES. Sec. 2928. The deputy state supervisors shall cause to be provided, at the expense of the county, a ballot-box for each precinct therein which may be without the same, and cause it to be deposited with the proper township or village cl£rk or city auditor; and every such officer shall cause a ballot-box, with a copy of this title, to be delivered at each place of holding elections in his township or cor- poration as often as elections are held therein, and after each election the same shall be forthwith returned to him by the judges of election for safe keeping; provided that in registration cities, the care of the ballot-boxes to be used at any election shall devolve upon such board. [97 v. 217.] The auditor of Hamilton County was not . authorized by law to, issue, on certificate of the sheriff of said county not approved OHIO ELECTION LAWS. 91 by the board of county commissioners thereof, a warrant upon the treasurer for the amount of a bill claimed to be for ballot boxes furnished by such sheriff under the provisions of this section. And a mandamus will not be issued against the treasurer at the instance of the holder of such warrant requiring him to pay the same on his refusal to do so. State Ex rel. v. . Ratterman, 3 C. C. 626. REGISTR.\TION LAW. Applicable to Akron, Ashtabula, Canton, Chillicothe, Dayton, East Liverpool, Findlay, Hamilton, fronton, Lima, Lorain, Mans- field, Marietta, Marion, Massillon, Newark, Piqua, Portsmouth, Sandusky, Springfield, Steubenville, Youngstown and Zanes- \ille, cities having a population of eleven thpusand eight hun- dred and less than one hundred thousand and in which quadrennial general registration is required; also to Cleveland, Cincinnati, Toledo, and Columbus, cities having a population of one hundred thousand or over and in which annual gen- eral registration is required. Sec. 2926a. In all cities which at the last preceding federal census had, or which at any subsequent federal census may have a population of eleven ^thousand eight hundred or more, there shall be a general registration of electors in th*e several wards or precincts thereof, in the manner and at the times, and on the days hereinafter pro- vided : no person shall be deemed or held to have acquired a legal residence in any ward or election precinct in any such city, for the purpose of voting therein at any election, general or special, nor shall he be admitted 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 hereinafter required. [98 v. 212.] See Doggett v. Hudson, 43 O. S. 548. 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 estab- lish, and within the boundaries of which his residence falls. Columbus V. City Board of Elections, 13 O. D. 452 Sec. 29266. The office of member of city boards of elections and the city board of elections in registration cities, and the office of secretary of such boards are hereby abolished ; and in all countries which contain a city wherein annual general registration of electors is required by this act, all the powers and duties heretofore exercised by city boards of elections, and the secretary thereof, in so far as consistent with the provisions of this act, and other exist- ing laws, shall be exercised by the board of deputy state supervisors and inspectors of elections of such county, and the clerk thereof respectively; and in all other cases such powers and duties shall be exercised by the board of deputy state supervisors of the county in which such city is situ- ated, and the clerk thereof respectively. Registration required of voters in cities having a population ■•t eleven tlicusand eight hun- dred or more. Office of mem- ber of city board of elec- tions abolished; powers and duties thereof conferred on board of deputy^ state super\'isors and inspec- tors of elec- tions or board' of deputy state super- visors of the countv. 92 OHIO ELECTION LAWS. Office of mem- ber of board of deputy state super- visors of elections in counties con- taining cities in which annual gen- eral registra- tion is re- quired abol- ished; powers and duties thereof con- ferred upon board of deputy state supervisors and inspectors of elections of such county. Clerk; his duties. Office of board. And the office of deputy state supervisor of elections, and the board of deputy state supervisors of elections, and the office of clerk of such board, are hereby abolished in every county which contains a city wherein annual general registration of electors is required by this act ; and all the powers and duties heretofore exercised by the board of deputy state supervisors of elections and the clerk thereof in such counties, in so far as consistent with the provisions of this act, and other existing laws, shall be exercised by the board of deputy state supervisors and inspectors of elections of each such county, hereinafter provided for, and the clerk thereof respectively. Provided, however, that said city boards of election, and boards of deputy state super- visors of elections, and the clerks thereof, shall continue to exercise the powers and duties of their offices under existing laws and receive compensation therefor, until the deputy state supervisors and inspectors herein provided for have been appointed as provided herein. The clerk of the board shall, subject to the control of the board keep a full and true record of their proceedings, file and preserve in their office all orders, rules and regulations in anywise pertaining to the administration of registration and elections ; prepare and furnish, under the orders of such board, all the reg- isters, lists, books, maps, forms, oaths, certificates, instruc- tions and blanks, for the use and guidance of registrars, judges and clerks of elections, and the board of canvassers; provide for timely furnishing of such officers therewith, and with all the necessary supplies provided for them ; to re- ceive and keep close custody of all the registers and copies returned to such office as provided herein, and of all rec- ords, papers and certificates of every kind relating to the office or administration of such board ; he shall also have the care of the ballot-boxes while deposited at the office of such board ; and he shall perform all such other or further duties, pertaining to such office and affairs as shall be pre- scribed by such board. The board of deputy state super- visors shall have a sufficient and suitable office and rooms for the purpose herein required which shall be in charge of their clerk, and in cities in which annual general registra- tion is required shall be kept open daily, except Sundays and legal holidays, and in other registration cities at such time as the board may require. [97 v. 192.] As to term of clerk ; State Ex rel v. Connor, 5 C. C. 305. Organization of such board ; general powers and duties. Sec. 2926c. The members of the board of deputy state supervisors shall meet within fifteen days after their appointment, and organize by the election of a chief deputy and clerk as provided in section 4 of the supervisory elec- tion law, section '(2966-4) of the Revised Statutes. No order, resolution or action of such board shall be valid without the vote of three of the four members. Such board shall appoint all registrars of electors, judges and clerks OHIO ELECTION LAWS. 93 of election and other clerks, officers and agents herein pro- vided for, and designate the ward and. precinct in which each shall serve. All deputy clerks, assistants, registrars and judges and clerks of election, now in office, in registra- tion cities, shall remain in their respective offices and em- ployments and continue to perform the several duties there- of and receive the compensation therefor, under existing l^ws, and under the direction and control of the board of deputy state supervisors, or the board of deputy state sup- ervisors and inspectors, as the case may be, until their successors are chosen or appointed and qualified or until removed by the proper authority in accordance with the provisions of this act. The board of deputy state super- visors shall also appoint the places of registration of elec- tors, and holding elections in each ward or precinct, and provide suitable booths or hire suitable rooms for such purpose and for their own office, at such rents as they deem just; they shall also provide the necessary and proper fur- niture and supplies for such rooms, and for the purchase, preservation and repair of all booths and ballot-boxes, necessary for use at elections in such city, and all books, blanks, and forms necessary for the registrations and elec- tions herein designated, and for duly issuing all notices, advertisements or publications required by law. The board of deputy state supervisors of elections or the board of deputy state supervisors and inspectors of elections, as the case may be, of counties containing registration cities and the clerk thereof shall, upon the taking effect of this act, have the custody, care and control of all registers. " lists, books, maps, forms, oaths, certificates, blanks, booths, and ballot-boxes, and all other property and supplies heretofore under the custody and control of the city boards of elec- tions and the secretary thereof. The board may, from time to time, make and issue ail Rules and such rules, regulations and instructions, not inconsistent ^^^ ations. with law, as they shall deem necessary for governing and guiding their clerk and his deputy or assistants, and the registrars of electors and judges, and clerks of elections, or other persons under their control in the proper discharge of their respective offices and duties. They shall divide. Election define and proclaim the election precincts of such city, ^^^""^ authorized in section two thousand nine hundred and twenty-six, and the boundaries thereof, and provide for furnishing to each registrar of electors and judges of elec- tions a map and pertinent description of such divisions and boundaries, and of any changes which from time to time are made by them. When necessary, they may employ a deputy Deputy clerk clerk and one or more clerks as temporary assistants of f^iatlH'^*^"*'' their clerk, at a salary not to exceed the rate of one hun- dred dollars per month, and prescribe their duties. The period for which they are employed must always be fixed in the order authorizing their employment, but they may 94 OHIO ELECTION LAWS. Salaries and expenses; how paid. Appointment of registrars. Term. Qualifications. Oath. Appearance for examina- ■ tion. be discharged sooner at the pleasure of the board. Such deputy clerk and all such assistants shall take the same oath for the faithful performance of their duties as required of the clerk of said board. [97 v. 193.] In a registration city, the deputy state supervisors must desig- nate the polling places within such registration 'city and pay the rent therefor. L. 11-12-06. Sec. 2926^. The cost and charge of the salaries of members of such board of deputy state supervisors in any such city, and of the clerk and his deputy and assistants, and all necessary expenses of the board for the purposes herein authorized, and the lawful compensation ^f all regis- trars of electors, in such cities, appointed by such board and the necessary cost of the registers or other books, blanks, forms, stationery and supplies to be provided by said board for the purposes herein authorized, including poll-books for special elections and the cost of the rent, furnishing and supplies of all rooms hired by said board for their offices and as places for the registration of electors and holding of elections in such cities shall be borne and paid, by any such city out of its general fund, upon vouch- ers of such board certified by its chief deputy and clerk, specifying in every voucher the actual services, items of supplies, and prices and rates in detail, which shall be allowed by the city auditor, and upon his warrant paid by the city treasurer of any such city. [97 v. 195.] Sec. 2926^?. On or before the first day of September, annually, the board of deputy state supervisors shall appoint for each and every election precinct, in any such city, two electors of such city to act as registrar of the electors, and also as judges of election in such precinct. And on or be- fore the first day oi October, annually, the said board shall appoint two- additional judges of election and two clerks of elections for each and every precinct in any such city. Such registrars, judges and clerks of elections shall each hold their appointment for one year, unless sooner removed by the board and must be electors of any such city, and able to read and speak the English language understandingly and write it readily and fairly, and each shall take an oath of office, as follows : State of Ohio, County, ss : I do solemnly swear (or affirm) that I will support the constitution of the United States and of the state of Ohio, and to the best of my ability discharge the duties of judge (registrar or clerk) of the election in and for precinct , ward, city of , at the next ensuing election. Signed, [Title of officer.] Such oath may be administered Jiy the clerk or any member of such board, and shall be filed in the office of such OHIO ELECTION LAWS. 95 board. All persons selected by said board for any ol said anpointments shall appear before said board at their office after twenty-four hours' notice, either served personally or left their usual place of residence for examination as to their qualifications before being appointed ; any elector of such city so selected who shall fail to appear before said board as required by law, or any elector of such city so ap- pointed to act as registrar, judge or clerk of elections therein, who shall refuse or neglect to take and subscribe the oath of office, unless excused by said board, or any registrar, who shall, after being duly appointed, fail to be at the place des- ignated for registration in his precinct during the hours set for the registration of electors, or who shall fail to deposit the registers at the office of the board of deputy state supervisors in accordance with the provisions of section 2926: of the Revised Statutes, or who shall fail to post the printed lists as required by section 2926/ of the Revised Statutes, or any person who shall wilfully mar, damage or destroy any registers or portion thereof, shall be fined not more than one hundred dollars nor less than twenty-five dollars, or be imprisoned in the county jail not more than fifteen days, or both, in the discretion of the court. Neither the two registrars for any precinct, nor the two clerks of election, shall be of the same political party. Nor shall more than two of the four judges of election for any precinct be of the same political party. Appointments of such officers for every precinct shall be made so as in good faith to secure equal representation of political parties, if practicable. Any vacancy in the office of registrar, or of a judge or clerk of elections, shall be filled by said board of deputy state supervisors, and either or any of such officers may be sum- marily removed from office by such board at any time for neglect of duty, malfeasance or misconduct therein. And in all cases the last appointment to either of such offices for any precinct shall be recognized as valid. If any clerk of elections fails to attend at the opening of the polls on the day of any election, or shall during the election, by any cause become disabled or unfit to act in entering, enumerat- ing or certifying the ballots, the judges of election, or a majority of them, may summarily remove him, and the two judges of the same political party as such clerk shall forth- with appoint another competent elector of any such city to act in his place, and administer to him the oath of office above prescribed ; if any judge of election fails to attend at the opening of the polls on the day of election for any cause, by decision of the other three judges, shall become disabled or unfit to act in receiving and enumerating the ballots and certifying the results of the election, the other judge of the sarne political party shall at once appoint an- other competent elector of any such city to act in his place, and administer to him the oath of office above prescribed. Provided, that notice of such appointment of judge or clerk Failure to ap- pear. Refusal t take oath. Failure of registrar t( perform duties. Damage or destruction x>f registers ; penalty. Equal repre- sentation of political parties. Vacancies and removals. Substituted judges and clerks. 96 OHIO ELECTION LAWS. Notice of ap- pointment of substitutes. Certificates of appointment as registrars, judges and clerks. Exemption from perform- ance of mili- tary duty. Minute of re- moval. Powers and duties of reg- istrars and judges and peace officers. Preventing violence and disorder, etc. Guarding reg- istration and count. Protecting clerks, wit- nesses and challengers. Securing registers, poll- books, ballots, etc. Duty of police. Loitering near polls. be immediately sent by the judge making such appointment to the board of deputy state supervisors, and such person so' appointed shall not perform any of the duties of his office until the notice has been sent to the board. The person so appointed to act temporarily as judge or clerk shall per- form the duties of the office after the sending of said notice, until the board shall confirm . said appointment or appoint another for said office. Whoever shall be appointed as reg- istrar, judge, or clerk of elections by the board of deputy state supervisors, shall receive from the board a certificate of appointment, which may be revoked at any time by the board ; said certificate to be in such form as may be pre- scribed by the board and to specify the precinct and ward of the city in and for which the person to whom the same is issued is appointed to serve, the date of appointmnet, and the expiration of his term of office. Registrars, judges and clerks of election during the time they hold such certifi- cate of appointment, and as such officers shall be exempt from the performance of military and jury duty. And im- mediately upon such a removal of a clerk or judge, and fill- ing the vacancy as above provided for, a brief note of the procedings shall be entered in the poll-books and subscribed by the judges so acting, and specially stating the cause of such removal. [97 v. 195.] Sec. 2926/. All registrars of electors and judges of elections, while exercising their office under this or any other law regulating elections, shall have full power and authority, and are hereby required to enforce the peace ?ind good order and obedience to their lawful commands for such ends at and obout the places of registration and of hold- ing elections. They shall especially keep the access of elect- ors to the polls open and unobstructed, prevent and suppress all riot, violence, tumult and disorder, and also any and all improper practices or attempts tending to obstruct or intim- idate electors frorn a free exercise of their free right to vote, or tending to disturb or interfere with the free and peace- ful registration of electors, or counting and certifying the result of an election. They shall also protect the clerks of " an election and the witnesses and the challengers designated to attend the election as herein provided for, from any vio- lence, interference or molestation during the receiving and enumeration of ballots. And they shall at all hazards be bound to preserve and secure the registers, poll-books, bal- lot boxes and ballots at every election from violence, fraud or tampering. To enforce the provisions of this section, the officer or authority having command of the police "force of any such city, shall promptly, on the requisition of such board of deputy state supervisors, detail for service at the polling place in any precinct of such city, such force as such board may deem necessary, and on every day of elec- tions shall have a special force in readiness for any emer- gency. During the receiving and counting of the ballots or registering of electors, no person shall congregate or OHIO ELECTION LAWS. loiter within one hundred feet of the polling place of any election or place of registration of electors, or in any manner hinder or delay any elector in reaching or leaving the place fixed for registration or casting his ballot, or within such distance of one hundred feet to give or tender or exhibit any ballot or ticket to any person other than a judge of' election, or to exhibit any ticket or ballot which he intends to cast, or solicit or in any attempt to influence any elector in casting his vote. In the discharge of their duties, the judges of election may, if necessary, appoint and require any elector or electors to aid them in making known their orders or directions and enforcing the peace. The judges of election, or any of them, or any registrar, may order the arrest of any person violating this section, but such arrest shall not prevent such person from voting or registering if he is entitled to do so. The sheriff and all constables, policemen and officers of the peace, and all by- standers at any election, shall immediately obey and aid in the enforcing any and every lawful order made by the judges at any election in execution of the provisions of this section. Any person wilfully refusing or neglecting to per- form any of the duties by this section prescribed, shall be fined not less than twenty dollars nor more than one thou- sand dollars, or imprisoned in the county jail not less than thirty days nor more than one year, or both. [97 v. 197.] Sec. 2926g. On or before the first day of September annually, the clerk, under the direction of the board of deputy state supervisors shall, in any city in which quadren- nial general registration is required as provided in sectioh 2926A prepare and furnish to the registrars so appointed for each precinct in any such city, duplicate lists of all electors so registered in such precincts at the last general registra- tion, together with such new and additional ones as may have registered at any election subsequent to the such gen- eral registration, with sufficient blank space for new electors to be registered therein, excepting every fourth year, when a general registration is required, as provided in section 2926/1. And the board shall, on or before the first day of September annually in cities in which yearly general regis- tration is required, procure and have at their office, dupli- cate books for each and every election precinct, in any such city for the registration of electors therein, and which shall be styled and known as "registers of electors." Each reg- ister shall contain space and ruled lines for at least seven hundred names, and be arranged and ruled in parallel col- umns, with printed heading, in the following order : Num- ber (consecutively), full name, age, term of residence, na- tivity, how long resident in precinct, in state, when natural- ized, court, married or single, date of registration, sworn, signature, remarks ; and the rulings and headings of each page of the register shall be according to the following dia- gram enlarged : 7 EL Hindering electors. Soliciting votes, etc. Power to se- cure assists ance . To order' arrests. "\\'ho shall obey ind aid-^ them. Penalty for refusal. Duplicate list of electors to be furnished registrars; ex- ception. Registrars of electors : how- appointed. 98 OHIO ELECTION LAWS. C O 3 2 t/; - o •X II a: • C 2 c u go 41 3 CO u o u 41 - , o o £ T3 n ^ o CO 9/ las < 5 'A • 3 imnM Duties of registrars. And it shall be the duty of the registrars of each and every precinct in any such city to apply, on Wednesday in the fourth week before the November election, annually, for the lists and registers aforesaid, and the map of their precinct, and such printed instructions for the discharge of OHIO ELECTION LAWS. 99 When clerk to act as reg- istering cffi- Registration by clerk of persons who will be neces- sarily absent during regis- t-ation. their duties as may be lawfully prescribed by such board. [97 V. 198.] See Daggett v. Hudson, 43 O. S. 548. Sec. 2926//. The days for the general registration of ^^ays for electors in cities wherein annual general registration is re- registration, quired, and for the quadrennial registration and the yearly registration of new electors in cities wherein general regis- tration is required only in presidential years, in the several precincts in every such city, shall be Thursday in the fifth week, Thursday in the fourth week, Friday and Saturday in the third week next before the day of the general election in November in each year. Between the first day of Septem- ber and the day preceding the first of the days above pre- scribed for the general registration, and no longer, the clerk of the board of deputy state supervisors shall act as regis- tering officer in the following cases only : Any person, resident of such city, who will be lawfully entitled to vote therein at the next succeeding election in November, may go before such clerk, at the office of such board, and on making and subscribing an oath or affirmation before him that he will necessarily and unavoidably be ab- sent from such city on all the days appointed or allowed by this section for the general registration of electors by the registrars of the precinct in which he resides specifying the same, and more than fifty miles distant therefrom, the clerk if satisfied, shall thereupon file such affidavit and make registration of such person in the registrars of such pre- cinct, on compliance of such applicant with the foregoing requirements of this section for general registration, and his signature to the statement prescribed, and no further registry of such applicant shall be necessary ; any elector of such city who is absent therefrom, and without the county in which it is situated, and more than fifty miles distant from such city, may appear before any judge or clerk of any court of record, or notary public, or, if in foreign coun- try before any minister, consul or vice consul of the United States, and make and subscribe an affidavit as to his resi- dence, specifying 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 this act for the general registration of electors by the registrars on such precinct, and answering and setting forth accurately each and all the matters herein required to be set forth in the register of the electors, and forward such affidavit, duly authenticated as above, by mail, under an envelope ad- dressed to the "clerk of the board of deputy state supervis- ors" of such city; if received by such clerk between the days above appointed for his acting as registrar, it shall entitle such applicant to be entered by the clerk in the proper register of such precinct : and in place of the signature of such elector, the word "affidavit" shall be inserted, and no Affidavits. Application to clerk for r -gistration bv mail. 100 OHIO ELECTION LAWS. Transmittal affidavits to registrars. Entry of word "challenged" on registers. Close of registration by clerk. Annual regis- ration of elec- tors in cities having a pop- ulation of one hundred thoi*- sand or more. Quadrennial registration of electors in cities having a population of eleven thou- sand eight hundred and less than one hundred thou- sand. Registration of new elec- tors or elec- tors moving into precinct further registry of such appHcant shall be necessary ; such affidavit and envelope shall be filed and preserved in such office ; but 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 creditable person known to him and whose name and full address must be stated in such certificate. Any such affidavit of an absent elector which shall be received by such clerk on or after the first days herein appointed for general registra- tion by the registrars, shall be transmitted by him immedi- ately to the registrars of the proper precinct, and they shall be authorized to register the applicant 'as above .directed, and shall preserve such affidavit; provided, that in any case where application for registration is thus made by affidavits forwarded 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 register opposite his name and in the column for "remarks," and such affidavit and envelope shall be transmitted to the judges of election ; and such applicant, if he appear, shall be required to estab- lish his residence and qualification before voting. 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, in each and every register in which he has entered any registration of electors, as in this section pro- vided, close the same by drawing double lines across the page with ink, immediately below the last name registered by him, and add the words "close of registration by the clerk," and shall thereunto subscribe his name and office. In all cities which now and hereafter may have a pop- ulation of one hundred thousand or more, when ascertained in the manner provided in section 2926a, there shall be an annual general registration of all the electors therein, in the several wards and precincts, on the days and in the manner herein provided; in all cities, which now or hereafter may have a population of eleven thousand eight hundred and less than one hundred thousand, a general registration of all the electors therein shall only be had at each and every presi- dential election, at the times and upon the days hereinbefore specified ; and at all other state, or other public elections, those electors who have been duly registered at such general registration as herein provided, and have not removed from the precinct in which they then registered at said general registration in any such city, shall not be required to regis- ter ; but at such state, or other public elections, at the times hereinbefore provided. for registration days, only those elec- tors of any such city shall be required to register, as may be. new electors, or who have moved into any precinnct of any such city, since any general registration, and have not OHIO ELECTION LAWS. 101 "been registered therein, excepting (that) at such pubhc election other than presidential and state, such registration shall take place on Friday and Saturday in the second week before any such election. And if any elector removes from the precinct in which he has so registered into another pre- cinct of the city in which he resides, he shall apply in person to the registrars of the precinct in which he has so registered for a ''removal certificate.'' as provided by section 2926^. Within a sufficient time previous to any such state, or other public election, it shall be the duty of the registrars of each and every precinct in any such city to obtain the preceding register made by them from the board of deputy state super- visors, and attend at the place in such precinct appointed for the registration of electors at the time hereinbefore provided, and receive applications for registration by such qualified electors residing therein as are not already registered at the last preceding general registration ; it shall further be the duty of such registrars to take all such preceding regis- ters of their respective precincts, so required to be furnished them by section 29260- of this act, and make a thorough can- vass thereof, for the purpose of ascertaining whether or not any of the electors so registered have removed or died, and shall make a report of their proceedings, carefully noting any and all changes found, together with such additional ■names of electors registered by them, to the board of deputy state supervisors. [98 O. L. 212.] Sec. 2926i. The registrars of electors appointed as Tierein provided shall, on each of the days appointed for the general registration of electors, meet at the place in «ach precinct provided by the board of deputy state super- visors for that purpose, and there remain a session from the hour of eight o'clock before noon, until the hour of two o'clock in the afternoon, and from four o'clock in the afternoon until nine o'clock in the evening of each and all the days so appointed for the purpose of registering the electors lawfully resident in such precinct. No per- son shall be registered as an elector of any such city at any time or place other than those which are in this act designated ; and in making registration every applicant shall answer the inquiries made by the registrars ; and the registrars having openly and publicly met at the place and time herein appointed, shall proceed as follows : I. They shall receive the application for registra- tion of all such male persons, resident in such precinct, 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 before them, and such only ; the registrars may, and if the right of the applicant to be registered be challeng-ed by any elector shall, administer the following oath, to-wit : "You do solemnly swear (or affirm) that you will truly and fully answer all such ques- tions as shall be put to you touching your place of resi- Removal cer- tificates. Duties of registrars. Hours for general regis- tration. Mode of reg- istration. Receipt of application for registration. Oath in cases challenge. m OHIO ELECTION LAWS. Examination of applicant. Entries in registers. Signature of applicant. By mark. Comparison of duplicate registers. Close of day's registration. dence, name, age, place of birth, qualifications as an elec- tor, and your right as such to be registered and vote un- der the laws of this state." 2. They shatl then examine each applicant as to his residence and qualifications as an elector, and if not satisfied, or if any elector so demands, shall enter the word "challenged" under the column for "remarks." Un- less otherwise herein directed, they shall then, in the presence of the applicant, enter in the registers his an- swers to their questions pertinent to the "heading of each column, in their order. In entering his number, such number shall be filled up consecutively, leaving no blank, and in names they shall include his Christian name or names in full as well as his surname. In the column as lo "residence," shall be stated the name of the street, ave- nue, alley, or way in which his dwelling is located, or ac- cess to the same usually had, and the number of the house, if it has one. If it has no number, a definite de- scription by which it can easily be found, must in every such case be given and entered. If there be more houses than the one under the number so given, or if there be other families, tenants, or lodgers in that in which the ap- plicant resides, he must specify in which house and on which floor, and whether front or rear of such house, he- resides, and the number or location of his tenement. In the column as to age, the years and months must be stated, and if the applicant is not at the time twenty-one years of age or more, the words 'not of age," must be in- serted in the column of remarks. In the column as to "term of residence," the periods of years and months of his residence in the precinct and state must both be stated. In the column as to naturalization, the answer "yes" or "no," or "native" must be given and stated. If naturalized,, the proper certificate or evidence must be produced. The column as to "date of registration" must be filled with the date on which the application was actually registered, and none other. 3. After the answers of the applicants to the ques- tions under the head of each and ever}^ column have been properly entered by the registrar in his presence, and not until then, he must enter his signature on the same line, and in both of the registers in the column "signatures."" Signatures, when made by a mark, must be attested by at least one subscribing witness, who shall be an elector, and may be examined by the registrars under oath as to his knowledge of the person thus attested, and in such case noted by the registrars on the registers as "sworn" or "affirmed," as the case may be. 4. Each of the registrars shall enter the statement of the applicants in the duplicate register kept by him, and both shall be signed by the applicant. At the close of each day's registration, the registrars shall compare their regis- OHIO ELECTIOX LAWS. loa Registers; where de- posited. Voters re- quired to register. ters with each other, and correct any discrepancies in form before closing them for the day. The registrations for the day shall then be ruled off by double lines, to be drawn by the registrars across the page in ink, and immediately under the last-named and statement so registered. And the reg- Attestation istrars shall make a note in writing under such double line stating, "close of the first, second, etc., day's registration," and attest the same by their signatures in both registers. The registers shall then be deposited by them at the end of each day at the office of the board of deputy state super- visors. 5. All registers, when not in the official use of the registrars, or the judges of the elections, shall at all times be deposited and locked up in the office of the board of deputy state supervisors of such city, subject to be pro- duced for inspection at all proper times. [97 v. 202.] Sec. 2926;'. Every male person who is a citizen of the United States, and a lawful resident of this state, and of any city wherein registration is required, and who is, or at the next ensuing election in such city will be enti- tled to vote therein, shall, on application, in the election precinct where he lawfully resides, and complying with the requirements herein, be registered as a resident and elector therein, but not otherwise. But no person shall be entitled to vote at any election in any such city unless he shall establish his residence by causing himself to be reg- istered in the precinct where he shall claim to reside, in the manner and at the time required herein, nor shall any ballot be received by the judges at any election under any pretense whatever, unless the name of the person oflFering such ballot shall have been entered on both of the registers of the precinct in which he clafms to vote, as herein pro- vided. And it shall be the duty of every elector resident in any such city to see that his name has been so registered. But any elector in any such city who is prevented by sick- ness or physical disability from appearing before the reg- istrars, at the place in his election precinct, on the days for general registration may apply to such registrars on either of said days by his affidavit, made before any judge or justice of the peace or notary public in such city; such affidavit shall contain a full and proper answer to each and every question under all the heads or columns required for registration, and shall be transmitted to such registrars by a credible person, who is an elector of such precinct, and personally cognizant of the sickness and disability of such applicant, and of the facts stated in such affidavit, ' and who shall be examined by such registrars, under oath, in the premises. And if satisfied that such applicant is a resident of such precinct, and that he is then, or on the day of the next election, will be, qualified to vote in such precinct, such registrars shall enter said applicant as reg- istered, and in the column for signatures enter the word Registration of persons disabled by sickness, etc. 104 OHIO ELECTION LAWS. Certificates in case of re- moval or mistake. "affidavit," and transmit the affidivit, with the registers, to the judges of election, and such registration shall be suffi- cient. [97 V. 204.] Sec. 2926^. Any elector who, being the head of a farnily, and duly registered in the precinct where he then resided, shall remove into another precinct in the same city, or any elector, not the head of a family, duly registered in a precinct of a ward where he then resided, who shall re- move into another precinct in the same ward, may, on any of the days of general registration, apply in person to the registrars of his previous precinct for a "removal certificate," and the same shall be made and signed by them, certifying his said registration, with all its parti- clars, as shown on their registers, but adding his state- ment of the new residence and precinct to which he has removed. They shall then immediately cancel his regis- tration on their registers by drawing double lines in ink through the same, and noting his "removal" and the ward and precinct to which he has removed in the column of "remarks," but such note must be subscribed by such ap- plicant. And when by mistake a qualified elector has caused himself to be registered in a precinct which was not his place of residence, the registrars therein, on full arid satisfactory proof that such error was committed by mistake, and without fraud or any unlawful intent, may, on his personal application and proof of his true residence, give him a similar certificate as in case of a removal, and cancel his registration in the same manner on their registers. And the certificates, in case of a removal or mistake, so granted, shall, if presented on any of the days for general registration, or between the hours of two-thirty and five- thirty o'clock on Monday, the day preceding the November election, to the res^istrars of the precinct where such person so certified lawfully resides, and proper proof therepf made to them, shall entitle such persons to be registered therein. Disposition of But in all cases where registration is so granted upon cer- cates. tificates from the registrars of other precincts, or by order of the board of deputy state supervisors as hereinafter pro- vided, such certificates or order must be retained by the refristrars to whom it is presented, and filed by them in the office of the board of deputy state supervisors and preserved. Transfers. But uo such Certificate or transfer shall be allowed or be of any validity unless certified and signed by both of the registrars of the precinct in which the registration was first made. [97 v. 204.] This section applies where after registration an elector re- moves to another precinct of the same city prior to the close of registration. If he so removes after the last day of registration the provisions of Sec. 2926m. apply. L. 10-31-06. Annual repis- Scc. 2g7^l. On Mondav in the week preceding the November election, annually, the registrars of each and every election precinct shall make out and deliver to the ■New regiS' tration. OHIO ELECTION LAWS. 105 board of deputy state supervisors in such city, at their ■office, a true Hst of the names of all the electors regis- tered by them in their respective precincts, arranged in the alphabetical order of their surname, followed by their full Christian names and residences, and having the reg- istry number of each prefixed. This list shall be under the following heading, namely: "List of electors registered in ward , precinct , of the city of ; on the days of — name. -, nineteen hundred and No. residence." And the following certi- ficate shall be annexed at the end of the list and signed by both of the registrars of the several precincts, namely : "We, the undersigned registrars of electors in ward -, precinct , of the city of , in the county Heading. 'Certificate. of , and state of Ohio, do certify that the foregoing list is a true and correct copy of the names, residences, and registry numbers on the registers of said precinct of all persons who have been registered by us as residents, and qualified electors in the said precinct, this day of in the year nineteen hundred and ." And it shall be the duty of the board of deputy state supervisors imme- diately to cause at least three copies of the list for each and every precinct in such city, respectively to be printed on broadside sheets of thick paper, and in plain type, two of which lists they shall cause to be securely posted up at the polling place in such precinct, three days or more before the November election, annually, and also before every other election. The third copy from each precinct shall be retained by the board of deputy state supervisors and annually bound tog:ether in a volume and preserved in their office, and they shall cause at least fifty additional copies of such list, respectively, to be printed in pamphlet form for immediate distribution. Said registrars, after makiner and returning such lists to the board of deputy state supervisors shall make out in books, to be preparied and furnished to them by such board, duplicate lists of all the registered electors in their precinct, arranged alphabetically in the order of their surnames, followed by their full Chris- tian names, ages, and residences as registered, and the registry number of each, prefixed. The books to be pre- pared for this purpose shall be ruled in columns, with printed headings, as follows, namely: Registry number , name , age , residence , voted , re- marks. These lists shall be carefully compared bv 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. [97 v. 205.] Posting of lists. Bound volume of lists. Pamphlets. Duplicate registration lists for use at polls. Comparison. 106 OHIO ELECTION LAWS. Meeting lor granting or receiving cer- tificates of removal or mistake. Correction. Noting of changes. Registration by order of board of deputy state supervisors. Such orders, when made. Meeting on evening prior to election. Organi-ation. Securing bal- lot-boxes and accommoda- tions, etc. Sec. 2926wK On Monday, the day preceding the No- vember election in every year, the registrars of each and every election precinct aforesaid, shall meet at two-thirty o'clock in the afternoon, at the polling place appointed for holding elections therein, and -there remain in session until five-thirty o'clock, in the evening, central standard time. At this meeting, they shall receive and act upon any appli- cation for either granting or receiving certificates of re- moval or correction of mistakes as herein provided for ;. and if any 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 being shown, the registrars may then correct the same. But any change in the registers which shall be 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 above provided, and if not then and there so noted, shall be wholly null, and disre- garded by the judges of election. At this meeting, also, and subject to the same conditions, any qualified elector of such precinct may be registered who shall appear and present an order requiring it, signed by not less than three members of the board of deputy state suoervisors ; pro- vided, that no such order shall be made or considered by such board of deputy state supervisors, except in a session of said board to be held in its office on Saturady and Mon- day preceding the November election in every year, and during such hours as may be prescribed by the board there- for, nor unless the applicant shall appear before them per- sonally at such sessions, after the last day of general regis- tration, and prove to their 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. [97 v. 206.] Where an elector has registered more than once In the same precinct, the registrars of such precinct should make correction to show but one registration. L. 11-1-06. Sec. 2926;?. On Monday, the day preceding the No- vember election in every 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 in the evening, punctu- ally, 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 im- mediately choose a chairman by drawing lots. They shall at this meeting make all necessary arrangements for secur- ing the ballot-boxes and the proper accommodations for themselves and the clerks of elections in receiving and counting ballots at the ensuing election, and also, if re- quested, for the witnesses and challengers designated by OHIO ELECTIOX LAWS. 107 each political party to be admitted within the polling rooms as follows, namely : At ever\^ election the executive or principal committee of each political party presenting one or more candidates for suffrage, may, by writing, certified by its 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 a challenger, to attend at such election in behalf of such party. It shall be the duty of the judges of election in each and every- ward or election precinct to admit the witnesses and challengers so accredited, into the polling room with themselves and the clerks at the ensuing elec- tion, and to plate them so near to themselves and f.ie clerks, that they can fully and conveniently watch every proceed- ing of the judges and clerks from the time of opening to the closing of- the polls ; no other person except the wit- nesses and the judges and clerks of the election shall be admitted to said polHng place after the closing of the polls until the counting, certifying and signing of the final re- turns of such election have been completed. Before open- ing the polls the ballot-boxes shall be opened, if requested by a witness, so that the inside and the locks and keys may b€ inspected by them. No ballot-box, nor any ballot when taken from it for counting, shall be removed or screened from the constant sight of such witnesses until the count- ing 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 person offering a ballot to the judges or either of them. And at the meeting on the evening of a day preceding an election, any elector m.av appear and 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 any election, the judges shall, uoon such challenpfe, examine him under oath as to his qualifications as an elector in such precinct. [97 v. 207.] Ir selecting a chairman on the >.Ionday evening precedirg the November election, the choice must be bj' billot or hv lot. The rule a« to "dominant party" does not aoply. L. 10-26-06. See note to Sec. 2966-3. as to "Executive Committee " See also Oliver v. Bode 3 N. P. 298: 60 D. 57. Witnesses and challengers. Their admis- sion to polling' place. Who may be present dur- ing count, etc, of votes* Inspection of ballot-boxes Iseforc open- ing of pol!s. Same to be ir» plain view. Rights of challengers. Challenge off lists. Sec. 20260. On the day of the November election in ever}- vear. and of any other election the polls shall be opened by the judges of elections appointed and organized as in th's ^ct o'-ovided, by proclamation made by the chair- man, pt the hour of five-thirty o'clock in the morning, standgrd time, and shall be closed by proclamation, at the hour of five-thirty o'clock in the afternoon. The registrars acting as judges shall punctually,, at the hour of opening the polls, attend and produce, at the polling Opening and close of pollsi Duti;s of reg>- istrars acting: as judges. 108 OHIO ELECTION LAWS. Location of ballot - box. Penalties. Challenges. places in the several precincts, the registers, affidavits of sick or absent electors and 'accompanying papers, and also 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 said. duplicate Hsts ; no ballot shall be deposited in the ballot-box until the name of the elector oifering it, shall first have been stated by him, and announced aloud by the judge holding the ballot, nor until it shall have been found on both such lists, and so announced by both of the judges holding such lists. Every ballot must be put in the ballot- box, by the judge who receives it from the elector; and 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 actually put into the box. For any 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 provided by section 2926^, and immediately upon the de- positing of the ballot in the box, each of the said judges shall check ofT 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 ; provided, that it shall be unlawful for any judges or clerks of election, or of any of the witnesses or challengers, admitted into the polling rooms at the elec- tion, at any time while the polls are open, to have in his pos- session, or to distribute, or to give out any ballot or ticket to any person on any pretense, nor during the counting or certifying of the votes, to 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 re- quired by law ; but this prohibition shall not extend to the lawful exercise by any judge or clerk of elections, or wit- ness, or challenger aforesaid, or his individual right to vote at such election. Any 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 the duplicate lists aforesaid, shall note the word "sworn" opposite the name of the person challenged. And except as otherwise required herein, the judge of elections ap- pointed, as herein provided, shall have the same powers and discharge all the duties conferred or required by the general laws of the state regulating elections. But except where some authority or duty is herein alloted to one of said judges, no order or action on their part shall be of any validity without the concurrence of three members of said board of judges in any precinct. [98 O. L. 31.] OHIO ELECTION LAWS. 10^ When the said section is construed with other legislation in pari 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 sufferage and it is reasonable, uniform and impartial. Gentsch et al. v. State Ex rel. McGarry, et al. 71 O. S. 151. Section 2926o, Revised Statutes, is a law of a general nature and operates uniformly throughout the state. Gentsch et al. v. State Ex rel. McGarry, et al. 71 O. S. 151. Sec. 2g26p. Immediately upon the close of the polls certificate and at any and every election in such cities, the number of ^f*^t|ft^i*\io" electors entered and shown on the poll-books as having cast. voted, shall be first certified therein and signed by the board of judges and the clerks; and before any other or further proceedings the chairman of the board shall make a proclamation in a loud voice in the street outside of the polling room, stating the number of voters so shown and certified on the poll-books. The number of electors Electors who shall have been checked on each of the duplicate duphVale °Hsts^ 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 be at once certified in the poll-book and signed by the judges. And in counting those who are checked, the word "no" shall at the same tirre be entered in ink in the same column opposite the name of each and every elector who is not so checked off. In Questions of all cases of disagreement or doubt on any question during doubt, the election or counting, the judges may refer to the original registers, and they shall be conclusive when relevant. The ballot-box shall then, without any ad- Opening of joumment or delay be opened, and without opening any ani^co^'untinr ballot or ascertaining its contents, the number of ballots «* ballots, shall first be counted. If the number of ballots exceeds Excess of the number of names on the poll-books, the ballots shall destroyed. **^ be replaced in the box, and one of the judges shall, with his back to the box. and without seeing it, draw out, with- out showing them, and destrow a number of ballots equal to the excess. And, if during the counting of the ballots or at the conclusion of the counting, an excess of ballots be discovered, all the ballots shall be returned to the box. and after being thoroughly mingled the excess shall in the manner directed above, be drawn out and destroyed, and the count corrected accordingly. In all cases where Minute of ballots have thus been drawn out and destroyed, a minute bafio™^^ of the number destroyed and the reason, shall be made on the tally-sheet. The count shall then commence and pro- Completion off ceed without interruption, or delay, and in no case shall *^°""*" cease until it is completed, proclaimed, and the final result certified as herein required. As soon as the ballots have been counted and tallied, and the clerks have estimated the number tallied for each candidate, -the chairman 10 OHIO ELECTION LAWS. I'roclamation •of result. 'Certificate of ■result for board of deputy state supervisors. Duty of judges. Abstracting •result. Signing of tally-sheets. Numbers; how expressed. Session of ■board of deputy state :supervisors •on day of election. Reports of election. Assignment of police. Certificate in case of involuntary mistake in registering. Notice to registrars and judges of granting of certificate and cancellation of erroneous registration. 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 ; and this proclamation shall be prima facie proof of the result. The judges and clerks in every precinct shall at the same time make out and certify a summary state- ment of the number of votes cast therein, and the num- ber counted and tallied for each candidate as announced in the proclamation, and dispatch the same without delay by a special messenger, and in a sealed envelope to the board of deputy state supervisors at their office. The judges of election shall also, as soon as the result has been proclaimed, announce it to the board of deputy state supervisors from the nearest police station, or from a telegraph or telephone station if nearest to them.. At the request of any of the persons 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 samie statements as required to be made to the board of deputy state supervisors. After completing the count- ing and enumeration of the ballots, and proclaiming and issuing the statement of the result, as hereinbefore di- rected, 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. [97 v. 209.] Sec. 2926^. The board of deputy state supervisors shall convene in session at their office at five-thirty o'clock a. m. on the day of every election in such cities, and remain in session continuously until the statements giving the result of the election, as required above, shall have been received from every precinct in such city. The board shall have power to employ messengers, to 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, as above required. The police authorities shall assign at least one policeman to do duty in each precinct on every day of an election. The board shall also have authority during said day, in case any elector through , no mistake or negli- , gence of his own, shall have been registered in the wrong precinct, to issue to such elector a certificate showing such fact, and such certificate when presented by such elector to the proper registrars and judges, shall entitle said elector to vote in his proper precinct, and such mis- take shall be noted on the register. When any such cer- tificate is issued, the board of deputy state supervisors shall immediately notify the registrars and judges of election of the precinct wherein such elector was so im- properly registered of the issuing of such certificate, where- OHIO ELECTION LAWS. Ill upon such erroneous registration shall be cancelled by them, a proper note thereof being made in the column for '"re- m.arks." [97 v. 210.] Sec. 2926r. The judges of elections, after having set down the number of votes for each person, and certified and signed the same in the poll-books and tally-sheets in the manner prescribed by law, shall put under cover one of the poll-books and tally-sheets, seal the same, 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 ; they shall then destroy all the ballots so counted or found in the ballot-box by burning the same completely ; the judges, before separating, shall designate two of their number as messengers (by lot if they cannot agree), one of whom shall personally and within twenty hburs from the close of the polls, deliver to the clerk of the court of common pleas the poll-book and tally-sheet so addressed to the said clerk, and the other shall personally and within twenty hours, as above, deliver the other poll-book and tally-sheet to the board of deputy state supervisors at their office ; the chairman of the precinct board of elections shall safely return the registers, the duplicate lists made therefrom, the ballot boxes and keys thereof, and all affidavits or papers accompanying them to the board of deputy state supervisors or the clerk, at their office within twenty hours ; and the judges and clerks of elections shall not adjourn, disperse, nor cease from proceeding as hereinbefore required, until all the said requirements have been actually executed and completed in manner and form as prescribed by law. [97 V. 211.] No express provision is made for the preservation of these returns for anj- definite time, but the clerk should retain such re- turns 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 jear. L. 4-3-05. Sec. 2926.^. The county board of deputy state super- visors, on demand of any candidate, shall compare the re- turns as received by the county clerk from the precincts in any city with the certified statement sent by the judges of elections to the board of deputy state supervisors as herein required, and if found to disagree', 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 of deputy state su- pervisors, shall be made by the judges, clerks, and wit- nesses of the counting. And for the purpose of adjusting such discrepancy, and determining the true result of the election, the board of deputy state supervisors shall also summon witnesses and examine them under oath, as to the proceedings and proclamations at such election in any precinct, and may also view and consider as part of the rec- Disposition of poll-books and tally-sheets. Ballots to be burned. Return of registers, etc. Completion of work without adjournment. Adjustment of ■ liscrepancies hetween re- turns to clerk and that re- ceived by board of deputy state super\-isors. 112 OHIO ELECTION LAWS. Salaries of members and clerk of board of deputy state supervisors in counties con- taining regis- tration cities. Minimum compensation. Maximum compensation. How addi- tional com- pensation paid. ord, the poll-books and tally-sheets, registers, and duplicate lists made therefrom, and deposited as herein provided* but such inquiry shall be limited exclusively to determin- ing which shall be adopted, namely : The returns as received by the county clerk, or the certified statement as received by the board of deputy state supervisors, as proof of the true vote at the close of the polls in any precinct. [97 V. 211.] It is the duty of county canvassers to correct clerical errors apparent on the face of the returns made to the clerk of the court. E.sker v. McCoy, 5 O. D. (Reprint) 694. Sec. 2926^. Each deputy state supervisor, in coun- ties containing cities in which registration is required, shall, in addition to the compensation provided in section 4 of the supervisory election law, section (2966-4), re- ceive for his services the sum of five dollars for each election precinct in such city; and the clerk in such coun- ties in addition to his compensation, so provided, shall receive for his services the sum of six dollars for each election precinct in such city ; and the compensation so allowed such officers during any year, shall be deter- mined by the number of precincts in such city at the No- vember election of the next preceding year. Provided that the compensation paid to each of said deputy state supervisors under this section, shall, in no case, be less than one hundred dollars per annum, and that the com- pensation paid to the clerk under this section, shall in no case, be less than one hundred and twenty-five dollars per annum; and provided, further, that, in such counties, the whole amount of annual compensation paid to each deputy state supervisor and clerk under this section and under section 4 of the supervisory election law, section (2966-4) shall not exceed, in any one year, the following : In counties containing cities having a population of three hundred thousand or more, as ascertained in the manner provided in section 2926a, each deputy state supervisor, eighteen hundred 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, four hundred .dollars, and the clerk, five hundred dollars ; in all other counties containing such registration cities, each deputy state supervisor, three hundred dollars, and the clerk, four hundred dollars. 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 OHIO ELECTION LAWS. iia by the chief deputy and clerk of the board. The registrars Compensation of each election precinct shall be allowed and p^id four fudgef ^d ' dollars per day, and no more, nor for more than six days d?^- in any one election, for theit services as registrars. In cities containing a population of thirty thousand or more the judges of election, including the registrars as judges, and the clerks of election, shall each be allowed and paid five dollars for each election at which they serve, and no more either from the city or county, and in other cities they shall each be allowed and paid three dollars for each elec- tion at which they serve, and no. more, either from the city or county. But no registrar, judge or clerk shall be entitled to the compensation so fixed except upon the allowance and order of the board of deputy state supervisors, made at a joint session, certifying that each has fully perfomied his duty, according to law as such, and stating the. num- ber of days' service actually performed by each, and signed by the chief deputy and clerk of the board to the city or county auditor. But for all November elections the county general ex- in which such city is located shall pay the general expenses penses- of of such election other than the expenses of registration; paid 'by and such allo\vance and order for such expenses and com- <=ounty. pensation to such judges and clerk shall be signed by the chief deputy and clerk of such board to the county auditor of such county, who shall issue his warrants upon the county treasury for such amounts. [97 v. 212.] Sec. 2926M. Any member of the board of deputy state supervisors or the clerk of the board, may, for any violation or neglect of tlie duties prescribed herein, or other good and sufficient cause, be removed at any time by the state supervisor of elections, and the vacancy shall be filled as hereinafter provided. [97 v. 213.] Sec, 2926z/. The preceding provisions shall extend to any special election authorized by law to be held in any registration city, as follows : , I. There shall be no general registration as pro- vided in sections 2926/i and 2926r, but on Friday and Sat- urday in the second week before any such election, the registrars for 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 registration of electors between the hours herein directed for the purpose, and receive applications for registration by such qualified electors residing therein as are not already registered, and if qualified, shall enter the same in the registers, subject to the same rules and conditions as herein prescribed as to general registration, and they shall deliver certificates of cancellation 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, 8 E L Removal of clerk and members of board. Special elec- tions. Registration for such elections. Certificates of cancella- tion. 114 f)HIO ELECTION LAWS. Affidavits of sick and dis abled electors. Additions to or changes in registers. Organization of board of judges. Poll-book; how ad- dressed and delivered. Board of can- vassers, duties of. Xew or altered wards and precincts. and they shall receive such certificate from any elector pre- senting the same and allow him to register, if he be otherwise qualified, in the precinct to which he has removed ; provided that on the day of election he will be an actual resident in such ward for twenty days immediately preceding such election; and they shall receive affidavits of sick and dis- abled electors, as required in section 29261, 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 in the afternoon, they shall also perform the same duties prescribed in section 2926771. The board of deputy state supervisors may, during the week previous to such election, issue orders for registration, which orders, if presented at the meeting for organization, held the even- ing before such election, shall be received by the rgistrars and be disposed of as required in section 2926W. And any additions or changes then entered by them in their regis- ters, 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 be used, applied and disposed of by the judges in all respects as directed in section 29260. 2. At seven o'clock in the evening preceding any such election the registrars for each and every precinct, and the other two judges of election shall meet at the polling place therein appointed for such election, and shall then and there organize as a board of judges and perform the other duties prescribed in section 2926M and in the manner therein directed. 3. The poll-book required by section 2926r to be de- livered by the judges of election to the clerk of the court of common pleas, shall be addressed and delivered by them to the auditor of such city. 4. The' board of canvassers of elections in each such city shall be composed of the board of deputy state super- visors and the city auditor of such city. Within four days after such election in such city, the said "board of can- vassers" shall meet at the office of the board of deputy state supervisors at ten o'clock in the forenoon, at the call of the chief deputy state supervisor, and organize by elect- ing a chairman and secretary ; the returns received by the city auditor shall then be produced by him and opened and canvassed by the board of canvassers as prescribed in sec- tion 2926^ and by law. c,. Whenever a new ward has been created, or the boundaries of any ward or the precincts have been changed pfter the general registration, and before any special elec- 1 ion following, it shall be the duty of the board of deputy state supervisors to appoint election officers, rearrange the voting precincts, provide for registration of electors not already registered, make new registers, and certify the reg- OIIIC ELECTION LAWS. istration 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; provided, that the right of any regis- tered elector to vote shall not be prejudiced by any error in making out the certified lists of registered voters. [97 V. 213.] 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. 2d26v-5, Rev. Stat., which provides that whenever any new ward has been created or the boundaries of any ward changed after th< 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. The Brannock 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. 2926v 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 Erannoci< 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 cit}'. L. 7-19-05. 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. L. 2-20-05. 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. L. 4-21-05. 115 ne OHIO ELECTION LAWS. Permitting false regis- tration. Refusing registration. Penalty. Inducing same, unlawfully. Inducing neg- lect of duty. Penalty. Fraudulent registration; penalty. Inducing same: penalty. Obtaining registration by personat- ing another; penalty. Hindering regfistration. Sec. 2926W. I. Any registrar of electors, or other registering officer, who enters or consents to the entry in any register or duplicate list of electors in any precinct, of the name of any person whom he knows or has good reason to believe is not a qualified voter in such precinct, or who on request, refuses, neglects or .liinders the registration of any- person, who is a qualified voter in such precinct, and offers to comply with the requirements of the law for that purpose, shall be imprisoned in thfe penitentiary not less than one year nor more than five years. 2. Whoever, by any gift, promise or offer, or by coer- cion, intimidation, or other unlawful means, induces or in- fluences, or attempts to induce or influence any registrar of electors, or other registering officer, to enter in the register or duplicate list of electors in any precinct, the name of any person, real of fictitious, living or dead, who is not a quali- fied elector therein, or who shall fraudulently induce any registrar or registering officer to refuse registration in a. precinct to 'any person lawfully enitled to be registered as an elector therein, or unlawfully prevent, hinder or delay any registrar or registering officer from registering any person lawfully entitled to be registered, or to induce or influence such registrar or registering officer to violate or refuse or neglect the execution of any rule or duty touch- ing his office and prescribed by law, shall be imprisoned in the penitentiary not less than one year nor more than three years. 3. Whoever fraudulenty and knowingly obtains or attempts to. obtain registration, as an elector, in any pre- cinct in which he is not a qualified elector, shall be im- prisoned in the penitentiary not less than one year nor more than three years. 4. Whoever knowingly induces or attempts to induce, aid or abet any person to obtain or apply for registration as an elector in any precinct where such person is not a qualified elector, shall be imprisoned in the penitentiary not less than one year nor more than three years. 5. Whoever falsely personates, or assumes the name of any other person, real or fictitious, living or dead, in obtaining or attempting to obtain registration in such as- sumed name as an elector in any precinct, or falsely obtains or applies for registration as an elector in any name other than his own, or fraudulently aids or abets any other person in committing or attempting to commit either of said offenses, shall be imprisoned in the penitentiary not less than two years nor more than five years. 6. Whoever fraudulently or by any unlawful means prevents, hinders or delays, or attempts to prevent, hinder or delay any elector from applying for registration as an elector in the precinct where such elector resides and is entitled to vote, with int^^nt to deprive such elector of his. OHIO ELECTION LAWS. 117 right to vote, shall be imprisoned in the county jail not less than thirty days nor more than six months, and lined not less than fifty dollars nor more than five hundred dollars. 7. Whoever by any false statement or other unlawful means, procures, or aids or attempts to procure the erasure or striking out of the register or duplicate list in ay pre- cinct of the name of any elector who is qualified elector therein, shall be imprisoned in tlie penitentiary not less than one year nor more than three years. 8. Any judge or clerk of election, witness, challenger, or other person whatever who is admitted into the polling room at any election, and who at any time from the open- ing of the polls, until the ballots are finally counted and certified, and while in said room distributes or gives out to any person on any pretense, or brings into said room, or has in his possession or control any ballot or ticket except that which he shair offer to the judges as his own vote if an elector, shall be fined not less than tw^enty-five dollars nor more than five hundred dollars, or imprisoned in the county jail not less than thirty days nor more than one year. 9. Any judge of elections who shall permit any ballot or ticket to remain or be in the ballot box at the opening of the polls, or be put into the ballot box at any time during the receiving, counting, and certifying the ballots, except when lawfully presented by an elector in the, course of an election, shall be imprisoned in • the penitentiary not less than two years nor more than five years. 10. Whoever shall be guilty of wilful and corrupt false swearing or affirmation, upon any examination, by or before any registrar or registering officer authorized by this act, shall be guilty of perjury, and imprisoned in the peni- tentiary not less than one year nor more than five years. 11. Any member of the board of deputy state super- visors, or clerk thereof, or any registrar of electors or judge or clerk of elections in any city who shall wilfully refuse and neglect to execute and perform any duty pre- scribed by law to be done or performed by him, shall be fined in any sum not less than fifty dollars nor more than five hundred dollars, to be recovered in the name and be- half of such city, or imprisoned in the county jail not less than thirty days nor more than one year, or both, in the dis- cretion of the court. 12. Whoever makes, issues, utters or publishes any false or counterfeit certificate of registration authorized by this act to be granted by registrars of electors and boards of deputy state supervisors, or fraudulently alters any such certificate granted by anv said officers, or who makes, issues, utters or publishes any false certificate, statement or procla- mation of the result of an election, knowing such certificate, statement or proclamation to be false, or who wilfully de- Penalty. Procuring un- lawful erasure in registra- tion lists; penalty. Distributing ballots inside polling room Penalty. Permitting ballots in box at opening of polls; pen- alty. Perjury penalty. Neglect of duty by officers of election ; penalty. Counterfeiting registration certificates, etc. 118 OHIO ELECTION LAWS. Penalty. Acting as registrar, judge or clerk without cer- tificate of ap- pointment. Acting as substitute without no- tice, etc. Neglect to forward no- tice. Penalty. stroys, defaces or conceals any certificate or statement of the result of an election entrusted to him or his care for delivery, shall be imprisoned in the penitentiary not less than two years or [nor] more than five years. 13. Every person who may act as registrar, judge or clerk of election without having received his certificate of appointment from the board of deputy state supervisors, except the judges and clerks appointed in the manner here- in provided in section 2926^, by the judges to fill a vacancy caused by absence or removal, and every such person so appointed by the judges who shall act without notice there- of having been sent to the board of deputy state supervisors and the judges who make such appointment and neglect and fail to send notice thereof to the board of deputy state supervisors, and every person to whom such notive for the board may be given for delivery to the board who shall neglect or fail to deliver the same as promptly as possible shall be guilty of a misdemeanor, and shall be fined not more than one hundred dollars nor [or] less than twenty- five dollars, or imprisoned thirty days, or both fined and imprisoned. [98 O. L. 223.] A dismissal upon the charge of illegal voting under Sec. 7047 R. S. is not a bar against prosecution under Sec. 2926w-3, for (at the same election) falsely and fraudulently obtaining registration. In re. application of Dor.ahue, 4 N. P. 296. As to suflficiencv of indictment under this section, see Ebben- powell V. State 14 C. C. 129. Council may provide for general regis- tration of electors in municipality. AN ACT. To provide for a general registration of electors in villages and cities upon action of the council. Be it enacted by the General Assembly of the State of Ohio : Section i. That the council of any city or village in which registration is not now required by law may provide for a general registration of electors in the several wards or precincts thereof in the manner and at the times, and on the days now provided by law for registration in cities which now or hereafter may have quadrennial registration ; and when the council so provides, no person shall be deemed or held to have acquired a legal residence in any ward or election precinct in any village, for the purpose of voting therein at any election, general or special, nor shall he be admitted 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 now required by law in cities which now have or hereafter may have quad- rennial registration. [98 O. L. 270.] OPENING AND CLOSING OF POLLS. Whon polls to Sec. 2929. The polls shall be oncned at five-thirtv cios°ed!"^ *"' . o'clock central standard time in the forenoon, and kept OHIO ELECTION LAWS. 11-9 open up to and closed at five-thirty o'clock central stand- ard time in the afternoon of the same day except as other- wise provided in section 29260. [97 v. 217.] The legislature no doubt intended that, when the polls are opened, in accordance with the provisions of section 5 of the act of May 3, 1852, "to regulate the election -of state and county officers," they should be kept open until the hour prescribed for finally closing the same ; and good policy as well as the conveni- ence of voters would seem to require that this legislative intent should be observed. But in this respect the statute is directory ; and a departure from the strict observance of its provisions does not necessarily invalidate an election, where it appears that no fraud has been practiced and no substantial right violated. Fry V. Booth, 19 O. S. 25. Under the Act of May 3, 1852, after the polls of an election have ,been once opened, they cannot be closed for any purpose until six o'clock in the afternoon (the time then fixed by law — Ed.) without rendering the election illegal and void. State Ex rel. v. Ritt 3 O. D. (Reprint) 475. Sec. 2937. Immediately before proclamation is made judges to of the opening of the polls, the judges, or one of them, open b.aiiot- in the presence and under the direction of the others, and presence of in the presence of the people there assembled, shall open spectators. the ballot-boxes, and turn them upside down, so as to empty them of anything that may be in them, and offer to such persons as may desire it the privelege of exam- ining -the same in the presence of the judges, and then lock them; and the boxes shall not be again opened till the polls are closed, and the counting of the ballots be- gins. [67 V. 50, § 3.] ' LOITERING WITHIN SEVENTY-FIVE FEET OF POLLS. Sec. 2938. At all elections held within boundaries To prevent of any municipal corporation during the receiving and Jj'^'hin"slventy- counting of the ballots no person shall congregate or five feet of loiter upon the streets, alleys and sidewalks within ^° *' seventy-five feet of the polling place of any election, or in any manner hinder or delay any elector in reaching or leaving the place fixed for casting his ballot, or within such distance of seventy-five feet to give or to tender or exhibit any ballot or ticket to any person other than a judge of election, or to exhibit any ticket or ballot which " he intends to cast, or solicit or in any way attempt to influence any elector in casting his vote. In the discharge of their duties, the judges of election may, if necessary, appoint and require any elector or electors to aid them in making known their orders or directions and in enforc- "^ ing the peace. The judges of election or any of them may order the arrest of any person .violating this section, but such arrest shall not prevent such person from voting if he is entitled to do so. The sheriff", and all constables, policemen and officers of the peace, and all bystanders 120 OHIO ELECTION LAWS. at any election, shall immediately obey and aid in enforc- ing any and every lawful order made by the judges at any election in execution of the provisions of this section. Penalty. And persons wilfully refusing or neglecting to perform any of the duties of this section prescribed, shall be fined not less than five dollars nor more than one thousand dollars, or imprisoned in the county jail not less than five days nor more than thirty days, or both; provided that nothing in this section shall be so construed as to con- flict with sections 2926 to 2926?^, inclusive. [97 v. 217.] INTERFERENCE WITH VOTERS. When judges Sec. 295 1. If two or morc persons congregate to- pl^rsons as- gcther in or about any voting place, during the receiv- pr™dnc*t to ^^^ °^ ballots thereat, so as to hinder or delay any elector disperse, and in Casting his ballot, the judges of election, upon com- penaity. plaint made thereof, and being satisfied that substantial . ground of complaint exists, shall . order all such persons to disperse; and upon refusal so to disperse, such per- sons shall each be fined not more than three hundred nor less than tweinty dollars, or imprisoned in the county jail not exceeding six months, or both. [74 v. 215, § 14.] Who entitled to vote. RESIDENCE. Sec. 2945. No- person shall be permitted to vote at any election unless he shall have been a resident of the state for one year, resident of the county for thirty days, and resident of the township, village, or ward of a city or village, for twenty days, next preceding the election at which he offers to vote, except where he is the head of a family, and has resided in the state and in the county in which such township, village or ward of a city or village is situate, the length of time required to entitle a person to vote under the provisions of this title, and shall, bona fide, remove with * his family from one ward to any* other ward in such city or village, or from a ward of such city or village to a township or village in the same county, or from a township or village to a ward of a city or village in the same county, or from one township to another in the same county, in which cases such person shall have the right to vote in such town- ship, village, or ward of a city or village, without having resided therein .the length of time above described to entitle a person to vote ; provided, that such voter so removing with his family from a township to a village, or ward of a city or village, in the same county, shall not have the right to vote at any municipal election held in such city or village, unless he shall have resided therein twenty days prior to such municipal election. [75 v. 15, 16, § I.] residence. OHIO ELECTION' LAWS. 1^-1 Sec. 2946. All judges of election, in determining Rules to goy- the residence of a person offering to vote, shall be gov- "^teraiimng"* erened by the following rules, so far as the same may be applicable : 1. That place shall be considered the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of return- ing. 2. A person shall not be considered to have lost his residence w'ho leaves his home, and goes into another state, or county of this state, for temporary purposes merely, w-ith the intention of returning. 3. A person shall not be considered to have gained a residence in any county of this state, into which he comes for temporary purposes merely, without the inten- tion of making such county his home. 4. The place where the family of a married man resides shall be considered and held to be his place of residence, except where the husband and wife have sep- arated and live apart, then the place where they resided at the time of the separation shall be considered and held to be his place of residence, unless he afterw'ard, and during the time of such separation, remove from such place, in which case the county, township, city, or village in which he resides the length of time required by the provisions of this section to entitle a person to vote, shall be considered and held to be his place of residence. 5. If a person move to another state with an inten- tion to make it hi-s permanent residence, he shall be con- sidered to have lost his residence, in this state. 6. If a person remove to another state, with an in- tention of remaining there an indefinite time, and as a place of present residence, he shall be considered to have lost his residence in this state, notwithstanding he may entertain an intention to return at some future period. 7. The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; Tieither shall the fact of removal without the intention. 8. If a person go into another state, and while there exercise the right of a citizen by voting, he shall be con- sidered to have lost his residence in this state. 9. All questions of the right to vote shall be heard and determined by the judges of election. [75 v. 16, § i.] The question of qualification of a voter must be decided by the judges of election, ?t the time he presents himself to vote, and their decision must bo governed by the instructions prepared and furnished by the Secretary of State under Sec. 2966-14 R. S. L. 11-5-06. A resident of the District of Columbia or other federal terri tory, while engaged in the government service, may elect a place of residence for voting purposes elsewhere. But he must haVe a clear intention of returning to such voting residence as soon as his temporary- employment in the service of the government has ended. L. 11-9-06. 122 OHIO ELECTION LAWS. Where in- mates of sol- diers' home may vote. Cincinnati, legal resi- dence of in- mates of city infirmary. Defining the legal resi- dence of in- mates of in- firmaries in certain cities. Defining legal residence of inmates of in- firmaries. The vote of a man otherwise qualified, who is not a lunatic or idiot, but whose faculties are greatly enfeebled by age, ought not to be rejected. Sinks V. Reese, 19 O. S. 307. Sec. 2947. Disabled soldiers, who are inmates of a national asylum for disabled volunteer soldiers, who are citizens of the United States, and have resided in this state one year next preceding the election, and are otherwise qualified as to age and residence within the county and township, shall be held and deemed to have their lawful residence in the county and township in which such asylum is located. [67 v. 98, § i-] See Renner v. Bennett, 21 O. S. 431. (2947 — I.) Sec I. The legal residence of any quali- fied elector, who may be an inmate of any infirmary owned or maintained by any city of the first grade of the first class, shall be the ward or precinct of such city where said inmate was domiciled or resident at the time of his admission to said infirmary, and shall so continue during the time he may be an inmate thereof. [87 v. 124.] (2947 — 2.) Sec. I. The legal residence of any quali- fied elector, who may be an inmate of any infirmary owned or maintained by any city of the first or second class, shall be the ward or precinct of such city where said inmate was domiciled or resident at the time of his admission to said infirmary, and shall so continue during the time he may be an inmate thereof. [87 v. 316.] (2947 — 3). Sec. I. The legal residence of any quali- fied elector, who may be an inmate of an infirmary in any county of the state, having a population at the last fed- eral census, in 1880,, and which, at any subsequent federal census, may have a population, of 42,871, shall be the ward, precinct or township of such city or county where said in- mate was domiciled or resident at the time of his admission to said infirmary, and shall continue during the time he may be an inmate thereof. [86 v. 244.] See Sturgeon v. Korte, 34 O. S. 525. When may challenge a person offer- ing to vote. How judges to proceed when person offering to vote is chal- lenged. CHALLENGES. Sec. 2939. Judges of election shall, and any elector may, challenge every person ofifering to vote, whom they know or suspect is not duly qualified as an elector under the constitution and laws of the state. [39 v. 13, § 18.] Sec. 2940. If a person oflfering to vote be challenged as unqualified, one of the judges shall tender to him the following oath: "You do swear (or affirm) that you will fully and truly answer all questions as shall be put to you touching your place of residence, and qualifications as an elector at this electioji." OHIO ELECTION LAWS. 'First — If the person be challenged as unqualified on the ground that he is not a citizen, the judges, or one of them, shall put the following questions: 1. Are you a citizen of the United States? 2. Are you a native or naturalized citizen? If the person offering to vote claims to be a natural-' ized citizen of the United States, he shall, before his vote shall be received, produce, for the inspection of the judges of the election, a certificate of his naturalization, and also state under oath or affirmation, that he is the identical person named therein ; but the production of the certificate shall be dispensed with if the person offering to vote state, under oath, when and where he was nat- uralized, that he has had a certificate of naturalization, and that, against his will, the same is lost, destroyed, or beyond his power to produce to the judges of the elec- tion ; or if he state, under oath, that by reason of the naturalization of his parents, or one of them, he has be- come a citizen of the United States, and when and where his parent or parents were naturalized, the certificate of naturalization need not be produced. Second — If the person be challenged as unqualified on the ground that he has not resided in this state for one year immediately preceding the election, the judges, or one of them, shall put the following questions : 1. Have you resided in this state for one year im- mediately preceding this election? 2. Have you been absent from this state within the year immediately preceding this election? If yes, then — 3. When you left this state did you leave for a temp- orary purpose, with the design of returning, or for the purpose of remaining away? 4. Did you. while absent, look upon and regard this state as your home? 5. Did you, while absent, vote in any other state? Third — If the person be challenged as unqualified on the -round that he is not a resident of the county or precinct where he offers to vote, the judges, or one of them, shall put the following questions : 1. Have you resided in this county for thirty days last past? , 2. Have you resided in this precinct for twenty days last past? 3. When did you last come into this county? 4. When you came into this county did you come for a temporary purpose merely, or for the purpose of mak- ing it your home? 5. Did you come into this county for the purpose of voting in this county? 6. Are vou now an actual resident of this precinct? 123 124 OHIO ELECTION LAWS. If he refuses to answer any question, vote to be rejected. Further oath if challenge not with- drawn. Rejection of vote of person who refuses to take oath, or is not a legal voter; oaths of wit- nesses. When clerk to enter on poll- book the word "sworn." How ballot to be received and deposited, Fourth — If the person be challenged as unqualified on the ground that he is not twenty-one years of age, the judges, or one of them, shall put the following question: Are you twenty-one years of age, to the best of your knowledge and belief? The judges of election, or one of them, shall put all such other questions to the person challenged, under the respective heads aforesaid, as may be necessary to test his qualifications as an elector at that election. [54 v. 136, § I3-] See Esker v. McCoy 50 O. D. (Reprint) 694. Sec. 2941. If a person challenged refuse to answer fully any question put to him, as provided in the last pre- ceding section, the judges shall reject his vote. [39 v. 13, §14-] Sec. 2942. If the challenge be not withdrawn after the person ofifering to vote has answered the questions put to him as aforesaid, one of the judges of election shall tender to him the following oath : "You do solemnly swear (or affirm) that you are a citizen of the United States, of the age of twenty-one years ; that you have -been an in- habitant of this state for one year next preceding this elec- tion ; that you are now an actual resident of this preomct ; and that you have not voted at this election." [39 v. 13, § I5-] Sec. 2943. If any person refuses to take the oath so tendered, his vote shall be rejected ; and after such oath has been taken a majority of the judges may refuse to permit such person to vote if they are satisfied from record evidence, or the testimony adduced before them that he is not a legal voter ; otherwise the vote shall be accepted ; and they may administer the necessary oaths to all witnesses brought before them to testify to the qualifications of the person offering to vote. [90 v. 310.] See Jeffries v. Ankenny 11 O. 372. Sec. 2944. Whenever the vote of any person is re- ceived after he has taken the oath prescribed in section two thousand nine hundred and forty-two, the clerks of election shall write on the poll-book, at the end of such person's name, the word "sworn." [39 v. 13, § 17.] Sec. 2950. The judge to whom a ticket is delivered shall, upon the receipt thereof, pronounce with an audible voice' the name of the elector; and if no objection be made as to the right of such elector to vote, and the judges are satisfied that he .is a citizen of the United States, and legally entitled, according to the constitution -and laws of this state, to vote at the election, he shall immediately put the ticket into the box, without inspecting the names writ- ten or printed thereon ; and the clerks of the election shall enter the name of the elector, and number, in the poll- books, in the manner and form provided by law. [97 v. 217.1 OHIO ELECTION LAWS. BALLOT LAWS. 125 (2966-13.) Sec. I. That hereafter elections of all Conduct of public officers, except road Supervisors, and all officers of pubHo'officers. original surveyed townships, in this state, shall be con- ducted according to the provisions of this act and existing laws not inconsistent therewith. [97 v. 225.] Non-observance of the requirements^ of the. election law which did not affect the result of the election, its fairness and honesty, did not invalidate the election, although the requirements are man- datory in form. Gregg V. Rogers, 1 N. P. 117. Election laws are to be construed liberally so as to preserve, if possible, and not defeat the choice of the people as expressed at an election. Fike V. State, 4 C. C. (N. S.) 81. A special election in a city to vote on the question of con- structing a new school building, or the issue of bonds, should be conducted by the deputy state supervisors, and held at the regular voting precinct. L. 6-18-03. r Nominations of manager of agfricultural societies is not re- quired to be made in accordance with the ballot laws, but may be governed solely by the action of the board of agriculture of the state or county under whose auspices such elections are held, such name should not be placed upon the regular ballot. L. 9-28-03. Member of the County Agricultural Board is not a public officer within the meaning of this section. L. 10-12-03. (2966-14.) Sec. 2. In addition to the duties now rorms for imposed on him bv law, the secretarv of state shall pre- §"'dance of 1 r • 1 ' 1 J ' . . K deputy sUte pare and lurnish to the deputy state supervisors ot elec- siperi-isors of tions, for their guidance, forms of all the blanks, cards of ^'^*^*"'°^- instruction, including poll-books and tally-sheets, certifi- cates of nomination and designs, provided for hereinafter, for the conduct of elections in this state. [90 v. 268.] Sec. 2966-17. No person being a candidate for any c^nriidate in- office to be filled at an election shall serve as deputy state eligible as supervisor of clprk thereof, or as a judge or clerk of elec- supervisor or tions in any precinct at such election ; and any person oi^as j^dge°o'r serving as deputy state supen'isor or clerk thereof, judge ^^^^ °^ «•«<=- or clerk of election contrary to the provisions of this sec- tion, shall be ineligible to any office to which he may be elected at such election. [95 v. 47.] An officer of a municipality may act as a member . of the board if his duties as such officer do not interfere with his duties as a member of the board. But when a deputy supervisor, or a clerk of the board becomes a candidate on the ticket at an elec- tion under control of the board of deputy state supervisors, such officers must resign from the latter board. L. 10-15-06. Where the presiding judge of an election was a candidate for an office to be voted for at such election, such judge so acted 126 OHIO ELECTION LAWS. in violation of this section, but such illegal action would not render invalid the election of any other candidate elected at such election. L. 4-11-03. Nominations of candidates. Certificate of nomination. NOMINATIONS. , , (2966-18.) Sec. 6. Nominations of candidates for public office may be made as herein provided, and when not invalidated or withdrawn,* the names of such candi- dates shall be printed on the ballots. Any convention, caucus, meeting of qualified electors, primary election held by such electors, or central or executive committee, repre- senting a political party, which at the next preceding gen- eral election polled at least one per cent, of the entire vote cast in the state, may make one nomination for each office to be filled at the followin;j^ election, which nomination, to be valid, must be certified as hereinafter provided. Every certificate of nomination shall state such facts as are in this ret required for its acceptance, and shall be signed by the proper officers of such convention, caucus, meeting, primary election or committee, who shall add to their signatures their places of residence and post-office address, and make oath before an officer qualified to administer the same, that the facts stated in the certificate are true to the best of their knowledge and belief. A certificate of the oath shall be annexed to the certificate of nomination. Such certifi- cate of nomination shall also state the names and address of a committee authorized to represent such political party, and such committee shall have power to fill vacancies which may occur in .the list of nominations, unless it be otherwise specially ordered at the time of the selection of such com- mittee and so certified. [89 v. 434.] Within the meaning of section 2966-18, Revised Statutes, thfe chairman and secretary of a nominating convention are "projler officers" to execute certificate of nominations made by such con- vention. State Ex rel. Milner v. Jones, Secretary, 74 O. S. 418. A person who acts as secretary of two rival conventions may be compelled by mandamus to execute certificates of nomination made by each convention, in order that rival candidates may pre- sent their claims for determination by the election board named in Section 2966-23, Revised Statutes. State Ex rel. Milner v. Jones, Secretary. 74 O. S. 418. Upon application of this character the court will consider only questions relating to the relator's right to such certificate of nomination, leaving all questions involved in the validity of the claims of rival candidates to be the nominee to be determined by said election board. State Ex rel. Milner v. Jones, Secretary. 74 O. S. 418. Political parties, being voluntary associations, the conventions of such parties are necessarily the sole judges of the elections, re- turns and qualifications of their members, and courts of equity can not restrain the members of such conventions or the members of the committees on credentials from arbitrarily seating certain dele- .gates therein. In re, contempt v. Grear Jr. 6 N. P. 312. OHIO ELECTION LAWS. 127 Either political party may nominate and have placed on its ticket, as candidates for offices, persons who have been nominated for the same office by another political party. Gregg V. Rogers, 1 N. P. 117. The requirements of Section 6 (89 O. 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. A number of citizens cannot caucus for the purpose of nom- inating a ticket. A ticket may be nominated by caucus only by an existing political party. A citizens ticket must be nominated by petition. T. 4-20-96. The committee named in the nomination papers would have no authority to fill any vacancy which may occur in the list of nominations, whether by death, withdrawal or any other cause which mipht create a vacancy, but such committee would not have the power to make a nomination for an office for which no nom- ination has been made by the party, unless the convention, caucus or other nominating body, would by resolution confer such power specially upon the committee. In the absence of such special power the failure to make a nomination is not a vacancy which may be filled by the committee in the nomination papers. L. 3-13-01. Where a "citizens' ticket" has been nominated by a caucus or corvention 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 such ticket. The proper manner for electors to procure the nomination of a citizens' ticket is by petition. L. 3-24-02. Where a political party has left a place on a ticket vacant, such omission does not constitute a vacancy which the committee has authority to fill, but under the general power conferred by this section, the central or executive committee of such party has au- thority to make an original nomination to supplv such omission. L. 10^22-04. Where nominations of candidates for county offices have been made by any convention or primary election of a political party of a county under this section, and such nominations have been duly certified to the board of deputy state supervisors of elections of such county, and objections thereto have been filed in writing within five days after such nominations have been filed, such deputy state supervisors have authority under section 2966-23 to consider and determine all such objections and questions so arising, and that their decision in such case is final. L. 9-21-06. Sec. 6a. It shall not be lawful, however, for any com- mittee, appointed for the purpose of filling vacancies, in cases where no nominations were made originally for a particular office, to name a candidate of another political party for said office, or to name a candidate nominated by petition, it being the intent of this act that when the nom- ination of a candidate of one party is endorsed by another that it shall be done at the time and in the manner provided for original nominations. [98 O. L. 176.] Substitution of name of candidate of other party or nominee by Dftition un- lawfuL 128 OHIO ELECTION LaW.^. Nomination of candidates by nomination papers. Annual reg- istration cities. .Signers to name com- mittee to fill vacancies. Signer pledged to vote for nom- inee or nomi- nees. Residence of signers to be stated; can subscribe to but one nom- ination; oath by one of the signers. ^ NOMINATIONS BY PETITION. (2966-20.) Sec. 7. Nominations of candidates for any county, township, municipal or ward office, or members of the board of education may be made by nomination papers, signed in the aggregate for each candidate by not less than three hundred qualified electors of the cjunty, or fifty qualified electors of the. city, or twenty-five qualified electors of the township, ward or village, or twenty-five qualified electors of either sex of the school district, respec- tively; except in counties containing annual registration cities, such nomination papers shall be signed by petitioners not less in number than one for every fifty persons who voted at the next preceding general election in such county. Nominations of candidates for other offices may be made by nomination papers, signed for each candidate by quali- fied electors of the state or the district or division for which such candidates ' are nominated, not less in number than one for every one hundred persons, who voted at the next preceding general election in the state or such district or division. Signers of such nomination papers shall insert in them the names and addresses of such persons as they desire, to the number of five, as a committee, who may fill vacancies caused by death or withdrawal. Such nomina- tion papers shall contain a provision to the effect that each signer thereto thereby pledges himself to support and vote for the candidate or candidates whose nominations are therein requested. Each elector signing a nomination paper shall add to his signature his place of residence, and may subscribe to one nomination for each office to be filled, and no more. One of the signers to each such separate paper shall swear that the statements therein are true, to the best of his knowledge and belief, and the certificate of such oath shall be annexed. [97 v. 226.] The requirement of Sec. 7 of the Act of April 8, 1898, (93 O. L. 93,) that papers to secure the nomination of candidates for public offices, "shall contain a provision to the effect that each signer thereto pledges himself to support and vote for. the candi- date or candidates whose nominations are therein requested," oper- ating uniformly and impartially upon • all classes of electors and interposing no unreasonable impediment to the exercise of the elec- tive franchise, is valid. State Ex rel. v. Poston, 59 O. S, 122. It is not necessary to have a separate petition for each can- didate. A group of candidates may be nominated by the same election, but in such case it is necessary that the number of signa- tures to such group of candidates, shall be equal to the number required by this section. L. 9-3-05. If the board of deputy state supervisors and inspectors of a" county, having under consideration the sufficiency of nomination papers, discover among the signers thereto the names of persons known to have participated in the nomination of other candidates for the same offices by a primary or caucus of a political party, such fact may be considered by the board, upon the question of good faith of such signers, and if the board are of the opinion OHIO ELECTION LAWS. 129 that such names are placed therecn for purposes of frauds or mis- representation, they are at liberty to disregard the same. L. 9-23-05. A ticket nominated by petition is not entitled to go imder a part>- ticket, as a regular party ticket. L. 11-13-05. The manifest intent of this provision is to limit the signers to nomination papers to actual voters of the district. As a safe- guard, the legislature has required that the signer shall add, to his signature, his place of residence. Omission to g^ive street and number, would probably not render the signature void, in the absence of evidence of fraud, but enough should appear on the face of the petition to indicate with reasonable certainty "the place of residence." L. 10-19-06. 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 section 2966-20. Only those parties which have a state organization, and which cast the requisite number of votes in the entire state are entitled to representation on the ballot as a party. L. 3-28-01. CERTIFICATES OF NOMINATION — WHAT TO CONTAIN. (2966-21.) Sec. 8. All certificates of nomination Contents of and nomination papers shall, besides containing the names nomSon"' of candidates, specify as to each (i) the office for which ^nd nomma- he is nominated; (2) the party or political principle which he represents, expressed in not more than three words : (3) his place of residence, with street and number thereon, if any; provided, however, that in nominations by petition, the certificate may designate, instead of a party or political principle, any name or title which the signers shall select, and candidates nominated by petition, without distinctive appellations, shall be certified as independent candidates. In case of electors of president, and vice president of the United States, the names of the candidates for president and vice president shall be added to the party or political appellation. [89 v. 435.] CERTIFICATES OF NOMINATION — WHEN FILED. (2966-22.) Sec. 9. Certificates of nomination and ,-,. , nommation papers of candidates for presidential electors tificates of and state offices shall be filed with secretary of state and'nom'iSa^ not less than thirty days previous to the day of the elec- *'*»" papers, tion at which the candidates are to be voted for: certifi- cates of nomination and nomination papers for the nomi- nation of candidates for county offices shall be filed with the deputy state supervisors not less than twenty days previous to the day of election ; certificates of nomination and nomination papers for the nomination of candidates for offices to be filled by the electors of a district lying with- in a county shall be filed with the deputy state supervisors of the county not less than twenty days previous to the day of election ; and for offices to be filled by the electors 9 £ L 130 OHIO ELECTION LAWS. Preservation and inspec- tion of certifi- cates of nomi- nation and nomination papers. Objections to their validity. of a district, circuit or subdivision of a district, composed of two or more counties, with the chief deputy state super- visor of the county in the district, circuit or subdivision con- taining the greatest number of inhabitants, as ascertained by the last federal census, not less than twenty-five days previous to the day of election ; certificates of nomination and nomination papers for the nomination of candidates for township or municipal offices, or members of the board of education, shall be filed with the deputy state supervisors not less than fifteen days previous to the election ; certificates of nomination and nomination papers for municipal officers and for members of boards of education in municipalities situated in two or more counties shall be filed with the board of deputy state supervisors of the county contain- ing the majority population of said municipality not less than fifteen days previous to the election. [97 v. 227.] ! The "requirement of Section 2966-22, Revised Statutes, which provides that certificates of nomination and nomination papers of candidates for offices to be filled by the electors of a district, etc., shall be filed with the chief deputy state supervisor of the county in the district, etc., containing the greatest number of inhabitants as ascertained by the last federal census, nor less than twenty-five days previous to the day of election, is a limitation upon the power to so file and is not intended to require that objections and other questions arising in the course of nominations of candidates shall be kept open and undecided until twenty-five days before the day of the election. State Ex rel. Hildebrandt v. Stewart, Chief Deputy, 71 O. S. 55. The requirement of Section 9 of the Election Laws of Ohio (93 Ohio Laws r89), that all cities where the voters are registered on nomination the city officers shall be filed with the city board of elections not less than fifteen (15) days previous to the date of election, is not mandatory. State Ex rel. Fulton v. Deputy State Supervisor, 17 C. C. 397. The provisions of the law fixing .the time within which nom- inations shall be filed is mandatory, and if not strictly complied with the names of persons afterwards certified to the board, should not be printed upon the ballot. K. 3-27-97. • While this section should be observed by the board, it should not apply in a case where an effort was made to file within time, but owing to the absence of the board and clerk the presentation of the paper was delayed. In such case the papers should be dated as of the date on which such attempt to file was made. L. 10-25-06. OBJECTIONS TO CERTIFICATES. (2966-23.) Sec. 10. Certificates of nomination and nomination papers, when filed, shall be preserved and be open, under proper regulations, to public inspectiori ; the certificates of nomination and nomination papers being so filed, if in apparent conformity with the provisions of this act. shall be deemed to be valid, unless objection thereto is duly made in writing, within five days after the filing thereof. Such objections, or other questions arising in the OHIO ELECTION* LAWS. 131 Consideration and decision of such ob- course of the nomination of candidates for state officers and presidential electors shall be considered by the secretary of state, and his decision shall be final. Such objections or other questions arising in the course of nominations of can- didates for county offices or offices of a district lying within jections ol- a county shall be considered by the deputy state supervisors t'ion^s^ ''""' of the county, and objections or questions arising in the course of nomination of candidates for district or circuit offices or offices in a subdivision of a district shall be consid- ered by the chief deputy state supervisors and clerks of said election boards of the several counties comprising the dis- trict, circuit or subdivision, and their decision shall be final ; and the votes of at least three deputy state supervisors for the county, or a majority of the chief deputies and clerks of the district or circuit or subdivision of a district, shall be necessary to a decision ; but in case no decision can be arrived at, the matter in controversy shall be submitted to the state supervisor of elections, who shall summarily decide the question thus submitted to him, and his decision shall be final. Objections and questions arising in the course of nominations for township or municipal offices, or members of the board of education, shall be considered by the deputy state supervisors ; the decision of such deputy state supervi- sors shall be final, and in case of disagreement the matter shall be referred to the state supervisor of elections and his decision shall be final ; but in municipalities within the terms of this act which are situate in two or more counties, the objection or question may be submitted, by the board of deputy state supervisors of the county where filed, directly to the state supervisor. In case an objection is made, or question arises, notice shall forthwith be mailed to the candi- dates affected thereby, and to any party committee especially interested. It shall be proper for the officers above named, in the decision of any question as to the proper political or party designation of candidates, to distinguish between can- didates nominated by certificates of nomination and those nominated by petition or nomination papers ; and any party or political designation certified by petitioners in nomination papers may be rejected if, from similarity to the name of any existing party, as defined in section 7, such officers shall deem it likely to mislead or confuse voters. [97 v. 227.] Where two certificates of nominations for county offices, both claim to be the regular nominations of the same political party are filed, and written objections are duly filed to one of such certifi- cates and none of the other, a controversy is thereby raised as to the validity of the latter certificate and as to it the other certificate and the written objections thereto operate as written objections within the meaning of Section 2966-23, Revised Statutes ; and the court of common pleas, is without authority to restrain the deputy ' state supervisors of the county from considering such certificates and the controversy arising hereon and from certifying to the state supervisors of elections their failure to arrive at a decision there- on ; and such court is without authority to require the deputy state supervisors, by mandamus or otherwise, to cause the names appear- 132 OHIO ELECTION LAWS. ing in the certificate to which specific objections were not filed to be printed on the official ballot. State Ex rel. Martin v. Thompson, 71 O. S. 76. Section 2966-23, Revised Statutes, requires that objections or other questions arising in the course of nominations for candidates for district offices, "shall be conceded to be by the chief deputy state supervisors and clerks of state election boards of the several counties comprising the district" ; but such chief deputies shall not thereby constitute a board with continuing functions, nor a board in any sense. Randall v. State, 64 O. S. 57, approved and followed. State Ex rel. Hildebrandt v. Stewart, Chief Deputy, 71 O. S. 55. When such chief deputy state supervisors and clerks have been called together to consider objections to and controversies corncern- ing rival nominations and they have considered the same and ren- dered their decision thereon and adjourned sine die, their functions as to such objections and controversies are at an end, and such decision is final in the sense that it is so far conclusive as to those objections and controversies that the same cannot be again considered by the chief deputy state supervisors and clerks nor by those succeeding them in office. State Ex rel. Hildebrandt v. Stewart, Chief Deputy, 71 O. S. 55. A person who acts as secretary of two rival conventions may be compelled by mandamus to execute certificates of nomination made by each convention, in order that rival candidates may pre- sent their claims for determination by the election board named in Section 2966-23, Revised Statutes. State Ex rel. Milner v. Jones, Secretary, 74. O. S. 418. Upon application of this character the court will consider only questions relating to the relator's right to such certificate of nom- ination, leaving all questions involved in the validity of the claims of rival candidates to be the nominee to be determined by said election board. State Ex rel. Milner v. Jones, Secretary, 74 O. S. 418. Upon submission of objections to certificates of nomination, bv board of deputy state supervisors and state supervisors of elec- tion, his decision thereon is final, and the board of deputy state supervisors refusing to comply therewith may be compelled to do so, by mandamus. And an answer stating that they have been en- joined by the Court of Common Pleas or a judge thereof, states no valid excuse for refusing to comply with the decision of the state supervisor. In such case the court of common pleas has no jurisdiction of the subject matter and its order of injunction is void. Chapman v. Miller, et al. 52 O. S. 166. Where it appears that such certificate has been filed in ample time in which to advertise for bids and print the ballots and no objection is made otherwise, except as to the precise time in which it was done and that the non-observance in this regard could not aflFect the result of the election, its fairness or honesty, such cer- tificate so filed will be deemed to be filed within time notwithstand- ing the requirement of the statute is mandatory in form. State Ex rel. Fulton v. Deputy State Supervisors, 17 C. C. 397. A nomination was duly made at primaries, but the certificate of nomination filed with the board of deputy state supervisors of election, by mistake, did not state the fact of such nomination. It is shown by the affidavits of the chairman and secretary of the party central committee that such nomination was duly and prop- OHIO ELECTION LAWS. 133 eriy made: — ordered by the State Supervisor of Elections, that the name be placed upon the official ballot. L. 10-31-04. When such nomination papers are filed 25 days before the day of election they should remain on file with the chief deputy supervisor five days thereafter. L. 10-11-06. See note to Sec. 2966-18, as to authority of deputy supervis- ors to determine objections to certificates of nomination. VACANCIES — HOW FILLED. (2966-24.) Sec. II. Should any person so nominated Mf""^*" °} die, withdraw, or decline the nomination, or should any cer- cancy on* tificate of nomination be insufficient or imperfect, the vacan- ^e'c'ting *def°ct~ cv thus occasioned may be filed or the defect corrected in »n certificate i . . .-' ... .^. ,^ iLof nomination. the manner required for original nominations, but must be certified to the secretary of state twenty days, or to the deputy state supervisors at least fifteen days previous to the election day. If, when the original nomination was certified, there was certified a committee authorized to represent the party as before provided, it may fill such vacancy. The chairman and secretary of such committee shall thereupon make and file with the proper officer a certificate setting forth the cause of the vacancy, the name of the person nominated, the office for which nominated, the name of the person for whom the new nominee is to be substi- tuted, and such other information as is required to be given in an original certificate of nomination. The certificate so made shall be executed, acknowledged and sworn to in the manner prescribed for the original certificate of nomina- tion, and shall, upon being filed with the secretary of state at least twenty days, or with the deputy state supervisors fifteen days before election, have the same force and effect as an original certificate of nomination. A vacancy occurring after the printing of the ballots may be filled by filing the proper certificate with the secretary' of state at least ten days, and with the deputy state supervisors at least five days prior to the election, and the name, office and party of the candidate so nominated shall be printed on adhesive slips or pasters, by the deputy state supervisors, which shall be delivered to the judges in each precinct before the opening of the polls, and pasted by them in the proper place on the ballot, before the same is handed the elector. [90 v. 270.] Where a nomination has been duly certified to the board with whom it should properly be filed, and the candidate so nominated fails to withdraw or decline the nomination prior to the time when the nomination is required by law to be certified to the other counties, the name of the candidate cannot be stricken from the ballot. In contemplation of law the ballot is printed and there is no way of taking the name oflf the ticket. T. 10-29-96. Pasters can only be used in cases where nominations have been originally made and a vacancy occurs upon the ticket after the ballot has been printed. K. 3-37-97. If the nomination papers contained the names of a committee authorized to represent such party or petitioners, such committee 134 OHIO ELECTION LAWS. Authority of county execu- tive commit- tee to fill vacancy on ticket. may fill such vacancy, provided the certificate of the committee with the name of the person so nominated to fill such vacancy shall be filed with the chief deputy state supervisor at least 20 days before the election, in which case the chief deputy supervisor must certify the name of such candidate so substituted to the deputy state supervisors of the other counties of the district at least 15 days before the election. L. 10-11-06. (2966-24^.) Sec. I. When a political party in its nominating convention fails to appoint a committee for the purpose of filling vacancies on the party ticket, the power to fill such vacancies shall be and hereby is vested in the county executive committee of said political party. [93 V. 224.] ' . Device to designate party can- didates. DEVICE ON TICKET. (2966-25.) Sec. 12. If the certificate of nomination of any state convention shall request that the figure or device selected by such convention be used to designate the candi- dates of such party on the ballots for all elections^ through- out the state, such figure or device shall be so used until changed by request of a subsequent state convention of the same party. Such device may be the figure of a star, an eagle, a rooster, a flower, a plow, or some such appropriate symbol, but the coat of arms or seal of the state or United States, the national flag, or any other emblem common to the people at large, shall not be used as such device. [89 V. 437-] The state supervisor of elections is not required by Section 12 of the Australian Ballot Law, to cause to be printed on the ballots to be used at an election, a device selected and certified by a state convention which did not represent a political party that at the next preceding election polled at least one per cent, of the entire vote cast for the state ; nor a device certified in nom- ination papers for a ticket nominated by that method. State Ex rel. Lewis v. Kinney, Secretary, 57 O. S. 221. Transmission of certified, copies of cer- tificates of nomination. TRANSMISSION OE CERTIFICATES OE NOMI- NATIONS. (2966-26) Sec. 13. Immediately upon the expira- tion of the time within which certificates of nominations and nomination papers may be filed and within which objec- tions thereto may be made as provided in section 10 [2966 -23, Sec. 10], the secretary [of state] shall certify all the nominations so filed to the several deputy state supervisors together with a form of official ballot therefor ; and the chief deputy state supervisor of the district, circuit or subdivision with whom the certificate of district, circuit or subdivision nominations has been filed, shall immediately certify the nominations so filed to the deputy state supervisors in all the other counties in such district, circuit or subdivision and the deputy state supervisors of the coimty containing the majority population of a municipality situated in two or OHIO ELECTIOX LAWS. 13j> more counties, shall immediately certify to the deputy state supenisors of the other county or counties, copies of all certificates of nominatic-iS and nomination papers of such municipal officers or members of the board of education that have been filed with such board. [97 v. 228.] EXPENSES — HOW DEFRAYED. (2966-27.) Sec. 14. All expenses arising for print- How expenses mg and distributing ballots, ca:rds of explanation to officers alfray^.**" of the election and voters, blanks, and all other proper aftd necessary expenses of any general or special election, includ- mg compensation of precinct election officers, shall be paid out of the county treasury as other county expenses; but, except in the case of November elections, shall be charged against the township, cit}-, village or political division in which such election was held, and the amount so paid by the county as above provided, shall be retained by the county auditor from the funds due to such township, city, village or political division, at the time of making the semiannual dis- tribution of taxes ; the county commissioners, township trus- tees, councils, boards of education, or other authorities authorized to levy taxes, shall make the necessary levy to meet such expenses, which levy may be in addition to other levies authorized or required by law ; the amount of all such expenses shall be ascertained and apportioned by the deputy state supervisors of the several political divisions and certi- fied to the count)^ auditor. In the case of mtmicipalities sit- uated in two or more counties the proportion of expenses charged to each of the counties shall be ascertained and apportioned by the clerk of the corporation, and certified by him to the several count}- auditors. [91 v. 243.] It is not an abuse of discretion in the board of deputy state supervisors of elections to give the contract for the printing of the ballots to a higher bidder where there is danger that the lower bidder may by a strike of his employes be prevented from furnish- ing the ballots at the proper time, to be used at the election. • Pugh Printing Co. v. Deputj^ State Supervisors, 22 C. C. 584. The presumption is that public officers, — in this case the deput)" state supervisor of elections — have exercised a sound dis- cretion, and the burden of proof is on plaintiff to show, with that clearness which is always necessary to move a court of equity to interfere, a state of facts which would constitute an abuse of dis- cretion. Pugh Printing Co. v. Deputy State Supervisors. 22 C. C. 584. The words "lowest responsible bidder" have been held to mean not only the person having the pecuniary ability to reimburse to the state by reason of his failure to conform with the terms of the contract, but also a person who in point of skill, ability and integrity, will be most likely to do faithful conscientious work and fulfill the contract according to the letter and spirit of the law. K. 10-20-98. The printing provided for in this section, should be let to the lowest responsible resident bidder in the county. It is eWdent 136 OHIO ELECTION LAWS. that the legislature intended, by requiring the notice to be pub- lished in the papers of the county, to limit the bidders and con- tractors to residents within such county. L. 10-16-06. This section confers no authority on any county to charge against any township, city, village, or political division, any expense incurred in holding any election in November. Hence the County Commissioners should make a levy to meet the expense of the November election, and all such expenses must be paid by the county. T. 5-11-07. See note to Sec. 2966-3, as to "Executive Committee." "The Board of Elections cannot be interfered with in mat- ters of detail pertaining to the printing of the official ballots." State Ex ^el. v: Ehrman, 2 O. D. 400, also see 40 O. D. 505. "Contracts for printing. Special elections. Submission of proof of ballot. Sealing and delivery of l)alIots. Separate ballots for •each precinct. IMunicipalities containing less than iRfty voters. PRINTING AND DISPOSITION OF BALLOTS. (2966-28) Sec. 15. The printing provided for in this act, except poll books and tally sheets, shall be let by the deputy state supervisors to the lowest responsible bidder in the county, upon ten days' notice published not more that three times in two leading papers of opposite politics pub- lished in such county, but in case of special elections the deputy state supervisors ma^' give notice by mail addressed to all the printing offices within the county, instead of pub- lishing said notice. After the letting of the contract for the printing of the ballots, the proper officer or board shall se- 'nire from the printer and exhibit to the chairman of the local executive committee of each party represented on the ballot, for inspection and the correction of any errors ap- pearing thereon, a printed proof of the ballot to be printed for use at the election ; the person to whom the contract for printing the tickets is let, shall, in the presence of the deputy state supervisors, seal up securely in packages, one for each precinct in the county or municipality, as the case may be, the designated number of ballots to be printed for such pre- cinct, and indorse thereon the number of ballots so printed and sealed up, and deliver the same to the deputy state supervisors at such tiir.es as they may direct. 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 ballots for each district portion of such precinct which shall contain the names of the candidates for members of the board of education for which electors resid- ing in such precinct are entitled to vote. And when a municipality contains less than fifty voters in the same town-' ship, the deputy state supervisors may provide a separate ballot and ballot box for such voters at the regular polling place in an adjoining precinct of the same county. And when territory annexed to a village for school purposes is included within such village precinct, as provided in section 20 ?3, separate ballots, ballot box, poll books and tally sheets OHIO ELECTION LAWS. 137 shall be provided for such voters in municipal elections pre- sided over by the judges and clerks of election of such pre- cinct. [98 O.'L. 234.] See State v. Taylor, 55 O. S. 385. (2966-29.) Sec. 15a. Each proposal for printing, as provided for in the preceding section, must be accompanied by a bond, executed in- due form by the bidder, with at least two good and sufficient sureties, satisfactory to the board of deputy state supervisors, in a sum double the amount of his bid, conditioned' for a faithful performance, pursuant to con- tract, of such printing as may be awarded to him ; and for the payment as liquidated damages by such bidder to the board of deputy state supervisors of any excess of cost over the bid or bids of such bidder which the board of deputy state supervisors may be obliged to pay for such work by reason of the failure of such bidder to complete his contract ; the bond to be null and void if no contract be awarded to him. No bid unaccompanied by such bond shall be enter- tained by the board of deputy state supervisors. [91 v. 116.] DELIVERY OF BALLOTS, POLL-BOOKS, ETC. (2966-30.) Sec. 16. Not less than three days before an election the deputy stale supervisors shall summon the presiding judge of election in each precinct in such county to apear forthwith and receive the necessary blanks, poll, books, tally-sheets, certificates, cards of instruction and bal- lots for such precinct, and shall deliver to such judge the sealed packages of ballots, blanks, poll-boolcs and other required papers, all of which such judge shall safely deliver and have on hand at the polling place in his precinct before the time for the opening of the polls therein ; provided, how- ever, that in registration cities when the presiding judge or chaimian is chosen at the meeting of the registrars and judges of election, on the evening preceding any November election pursuant to section 2926^1 of the Revised Statutes, or on the evening preceding any special election, it shall be the duty of such judge, immediately after such meeting, to call at the office of the board of deputy state supervisors for such packages, and the deputy state supervisors shall deliver the poll-books, tally-sheets, cards of instructon and other supplies herein mentioned to the presiding judge or chair- man, and provided further, that in any city having a popula- tion of 300,000 or more the board of deputy state supervi- sors may, by resolution, provide for the deliver}^ of ballots through the agency of the police force of such city ; and pro- vided further, if the judge summoned to receive and deliver the ballots and other books and papers does not appear, the deputy state supervisors shall send the ballots, books and other required papers to the election officers of the precinct so as to be received by them in time for the election. [97 V. 229.] Bond of bid- der for printing. Delivery of ballots and other supplies required in conduct of elections. Registration cities. Delivery in cities having a population of 300,000 01 more. Delivery of supplies' when judge sum- moned fails to appear. 138 OHIO ELECTION LAWS. Compensation of judges and clerks. Registration cities. (2966-52.) Sec. 36. The judge of election called by the deputy state supervisors to receive and deliver ballots,, poll-books, tally-sheets and other required* papers, shall receive two dollars for such service, and in addition thereto mileage at the rate of five cents per mile to and from the county seat if he live one mile or more therefrom. The judge of the election carrying the returns to the deputy state supervisors, and the judge carrying the returns to the county or township clerk, or clerk or auditor of the munici- pality, shall receive like compensation. Judges and clerks shall each receive as compensation the sum of three dollars for their services for each election day ; provided, however, that in cities where registration is required the compensa- tion shall remain as now fixed by law, except that the chairman elected at the meeting for organization shall re- ceive one dollar for calling for the sealed package of ballots. [97 V. 237.] The usual compensation allowed judges of election for the performance of their duties on election day is • supposed to be in full for all services required by them as such election officers. No additional compensation may be allowed where they are called together for the purpose of determining by lot between candidates having an equal number of votes. L. 4-30-01. The board of elections cannot allow judges and clerks of election any sum as compensation in excess of the amount fixed bv law. The amount fixed by law is $3.00 for each election, and includes all services rendered by the judges at such election. L. 11-13-05. No additional compensation may be allowed because sepa- rate ballot boxes, and separate poll-books are required. Replacing of supplies lost or destroyed. Opening of packages. Where cards of instruction to be placed. Extra ballots. BALLOTS LOST, ETC.; HOW REPLACED. (2966-31.) Sec. 17. If, by any accident, or casualty,, the ballots or other required papers delivered to any judge of elections or other- messenger shall be lost or' destroyed, it shall be the duty of such person charged with the custody thereof to report the loss at once to the deputy state super- visors from whom the same were obtained, and make affi- davit of the circumstances of the loss, whereupon the deputy state supervisors shall at once resupply such person ; in case such person fail or refuse to report and make proof of the loss, any qualified elector may do so, and thereupon a new supply shall be sent by special messenger, as pro- vided in other cases. At the opening of the polls in each precinct, the seals of the packages shall be publicly broken, and the packages shall be opened by the presiding officer. The cards of in- struction shall immediately be placed in each voting shelf or compartment provided in accordance with this act for the marking of the ballots, and in such other places as the election officers may select. In case no ballots shall have been delivered at any polling place before the opening of the polls, or if extra OHIO ELECTION LAWS. ' ISO* ballots shall, at any time during the time the polls remam open, be required, it shall be the duty of the deputy state supervisors, upon a requisition, in writing;, signed by a majority of the election judges of such precinct, wherein the reason for demanding such ballots shall be set out, to secure the same as speedily as possible, and, if neces- sary, extra ballots may be printed for this purpose ; pro- vided, however, that such ballots shall conform, as nearly as possible, to the original ballots, and the printing and the care of the same shall be under the same provisions and penalties as the printing and care of the other ballots; and if, from any cause, neither the official ballots nor bal- lots otherwise prepared as above prescribed shall be ready for distribution at any polling place, or if the supply of ballots shall be exhausted before tlie polls are closed, un- when unoffi- official ballots may be used, so that no elector, for lack of mly'b^^'^d. a ballot, shall be deprived of his franchise. [97 v. 230.] FORM OF BALLOT. Sec. 3. The names of all candidates to be voted for Ballots, how on the first Tuesday after the first Monday in November, p""'^*^- hereafter, shall be placed on the same ballot, arranged in -single tickets or lists under the respective party, political or other designation certified, in the order and manner pro- vided by law ; provided that nothing in this section shall be construed to a'ffect the provisions of "An act to secure a voice in school affairs to the women of Ohio on equal ' terms with men," passed April 24, 1894, or any special or general act providing for the election of school directors • or members of boards of education and school councils. [97 V. 40.] (2966-32.) Sec. 18. Every ballot intended tor the Contents of use of electors, printed in accordance with the provisions ^^"°^- of this act, 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. In elec- tions for presidential electors, the names of the candidates for president and vice president shall be placed on the ticket by the secretary of state immediately following the name of the party and preceding the names o^ the presi- dential electors. The arrangement of the ballot shall, in general, con- Arrangement form as nearly as practicable to the plan hereinafter given. ^ Hsts'^^of*^ °^ The tickets of the various political parties shall be printed candidates, in parallel columns, headed by the chosen devices upon a shaded background, and the party names in such order as the secretar}' of state may direct, precedence, however, be- ing given to the political party which polled the highest number of votes for the head of the ticket in the next pre- 140 OHIO ELECTION LAWS. When ques- tion is sub- mitted. Form of ballot. Indorsement. Printing, per- foration, bind- ing_ and desig- nation of bah- lots. Main stub. Secondary stub. ceding general election, and so on. The tickets or lists of candidates 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 may direct ; precedence, how- ever, being given in the order above prescribed for party tickets. No ticket or list of candidates shall be printed under the name of any party containing more candidates for any office than are to be elected. Whenever the approval of any question other than a constitutional amendment is to be submitted to a vote of the people, such questions shall be printed on a separate ballot and deposited in a separate ballot-box to be presided over by the same judges and clerks. The ballot shall be so printed as to give each elector a clear opportunity to designate by a cross mark in a large blank circular space three-quarters of an, inch in diameter below the device and above the name of 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 candidate thereon ; and by a cross mark in a blank inclosed space on the left and before the name of each candidate, his choice of particular candidates. On the back shall be printed, "official ballot," the date of the election, and facsimile of the signatures of the officers who have caused the ballots to be printed. 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 s-tub attached thereto, into books, or blocks, one for each voting precinct, which book or block shall contain at least twice as many ballots as there were votes cast at such precinct at the preceding gen- e-al election ; upon the covers of such books or blocks shall be printed the designation of the precinct for which the ballots have been prepared. The r^ain stub shall be printed as follows : Consecu- tive number — [after these words the consecutive number shall be printed, beginning with one and increasing in regular numerical order] ; provided, however,, that 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, is to write the voter's residence.] The secondary stub shall be printed as follows : Name of voter or registered number — [after these words the clerk, in precincts where the registration law is in force, shall write the registered number of the voter, and in other precincts the voter's name.] OHIO ELECTION LAWS. 141 General pro- visions rela- tive to print- All ballots shall be printed on the best quality No. 2 book paper, in black ink, and with the exception of the heading which shall be in display, in brevier type, the >ng of ballots, 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 inclosed by heavy dark line; if, upon any ticket, there be 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 Hank space herein provided for, shall be left. The headii\ Residence [Secondary stub.] Name or resristered number of voter Device. Device. Device. ^^«AIG*,^ .jBAlG/y^ **/N T>*^'