The Election La-ws OF STATE, OF OHIO And of the United 3tates of America Applicable to the Conduct of Elec tions and the Duties of Officers in Connection Therew^ith Compiled by HARVEY C. SMITH Secretary of State 1920 The Election Laws OP THB State of Ohio AND OP THE United States of America Applicable to the Conduct of Elections and the Duties of Officers in Connec- tion Therewith COMPILED BY Harvey C. Smith Secretary of State Sprlnicfleld, Ohio: The Sprlnfl5eld Publishing Company, State Printers. Bound at the State Bindery. 1920. 1 « • •> •. «» *.. •9^? v'^ ^^ Election Laws of the United States CITIZENSHIP. Section 1992. All persons born in the United States Who are citizew, and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States. Sec. 1993. All children heretofore born or hereafter children of born out of the limits and jurisdiction of the United States, ab^dL ^"* whose fathers were or may be at the time of their birth, citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States. Sec. 1994. Any woman who is now or may hereafter Married women, be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen. Sec. 1995. All persons born in the district or country Persona bom formerly known as the territory of Oregon, and subject to '" ^®Bon. the jurisdiction of the United States on the 18th [of] May, 1872, are citizens in the same manner as if born elsewhere in the United States. Sec. 1996. All persons who deserted the military or Forfeiture of naval service of the United States, and did not return °"^""**''^' thereto or report themselves to a provost marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens ; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exer- cising any rights of citizens thereof. Sec. 1997. No soldier or sailor, however, who faith- ceruin soldiers fully served according to his enlistment until the 19th day JSpted from of April, 1865, and who, without proper authority or leave forfeiture, first obtained quit his command or refused to serve after that date, shall be held to be a deserter from the army or navy ; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and of the right to hold office in consequence of his desertion. Sec. 1998. Every person who hereafter deserts the ^J^}^^"^ ^^^ military or naval service of the United States, or who, l)eing 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 mili- " tary or naval service, lawfully ordered, shall be liable to * t^ f » i,(, Bight of ex- patriation declared. Protection of naturalised citizens in for- eign states. * o"" :' %,' BLECJnON LAWS OP THE UNITED STATIg. * »' r .*'/^: THE ELECTIVE FRANCHISE. NATURALIZATION. all the penalities 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 prin- ciple this government has freely received emigrants from all nations; and invested them with the rights of citizen- ship ; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas, it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed; therefore, any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expa- triation, is declared inconsistent with the fundamental prin- ciples 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. THE ELECTIVE FRANCHISE. Interference by army or naval officers. Race, color or previous con- dition not to affect the right to vote. 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 exer- cise 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. NATURALIZATION. Honorahly dis- charged soldiers exempt from certain for- malities. Sec. 2166. Any alien, of the age of twenty-one years and upward, who has enlisted, or may enlist, in the armies of the United States, either the regular or the volunteer forces, and has been, or may be hereafter, honorably dis- charged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such ; and he shall not be required to prove more than one year's residence within the United ELECTION LAWS OF THE UNITED STATES. NATURALIZATION. States previous to his application to become such 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. 2169. (As amended, 1875.)— The provisions of this f}Sn°nativity title shall apply to aliens being free white persons, and and descent, to aliens of African nativity and to persons of African descent. Sec. 2171. No alien who is a native citizen or subject. Naturalization , . „ . , • . •.! to alien enemies or a denizen of any country, state, or sovereignty with prohibited, which the United States are at war, at the time of his ap- plication, shall be then admitted to become a citizen of the United States; but persons resident within the United States, or the Territories thereof, on the eighteenth day of June, in the year one thousand eight hundred and twelve, Avho had before 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 be- come citizens thereof, notwithstanding they were alien ene- mies at the time and in the manner prescribed by the laws heretofore passed on that subject ; nor shall anything herein contained be taken or construed to interfere with or pre- vent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual natural- ization of such alien. Sec. 2174. Every seaman, being a foreigner, who de- AUen seamen clares his intention of becoming a citizen of the United JJgJJS^*'^^"*^ States in any competent court, and shall have served three years on board of a merchant-vessel of the United States subsequent 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 in- tention 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 pur- pose of manning and serving on board any merchant-vessel of the United States, anything to the contrary in any act of Congress notwithstanding ; but such seaman shall, for all purposes of protection as an American citizen, be deemed such, after the filing of his declaration of intention to be- come such citizen. TWENTY-SECOND STATUTES AT LARGE, PAGE 58. ic. 14. That hereafter no State court or c States, shall admit Chinese to citizenshi laws in conflict with this act are hereby repealed. Sec. 14. That hereafter no State court or court of the Si^^cSn^.'"" United States, shall admit Chinese to citizenship ; aad all prtwbit^d. ELBGTION LAWS OP THE UNITED BTATB6. Aliens honor- ably discharged from serrlce In S&ry or Maria* Corps. NATURALIZATION. TWENTY-EIGHTH STATUTES AT LABGE, PAGE 124. Any alien of the age of twenty-one years and upward who has enlisted or may enlist in the United States Navy or Marine Corps, and has served or may hereafter serve five consecutive years in the United States Navy or one enlistment in the United States Marine Corps, and has been or may hereafter be honorably discharged, shall be ad- mitted to become a citizen of the United States upon his petition, without any previous declaration of his intention to become such; and the court admitting such alien shall, in addition to proof of good moral character, be satisfied by competent proof of such person's service in and honor- able discharge from the United States Navy or Marine Corps. AN ACT TO VALIDATE CERTAIN CERTIFICATES OP NATURAL- IZATION. [Stat. 1905-6, Part I, p. 630.] Be it enacted hy the Senate and House of Representa- tives of the United States of America in Congress assem- bled, That naturalization certificates issued after the Act approved March third, nineteen hundred and three, en- titled, ''An Act to regulate the immigration of aliens into the United States," went into effect, which fail to show that the courts issuing said certificates complied with the requirements of section thirty-nine of said Act, but which were otherwise lawfully issued, are hereby declared to be valid as though said certificates complied with said section : Provided, That in all such cases applications shall be made for new naturalization certificates, and when the same are granted, upon compliance with the provisions of said Act of nineteen hundred and three, they shall relate back to the defective certificates, and citizenship shall be deemed to have been perfected at the date of the defective certificate. Sec. 2. That all the records relating to naturalization, all declarations of intention to become citizens of the United States, and all certificates of naturalization filed, recorded, or issued prior to the time when this Act takes effect in or from the criminal court of Cook County, Illinois, shall for all purposes be deemed to be and to have been made, filed, recorded, or issued by a court with jurisdiction to naturalize aliens, but shall not be by this Act further validated or legalized. Approved June 29, 1906. NATURALIZATION ACT OF JUNE 29, 1906. [Stat. 1905-6, Part I, p. 596.] Be it enacted hy the Senate and House of Bepresenta- iives of the United States of America in Congress assem- hhd, That the designation of the Bureau of Immigration SLBCTION LAWS OF THB UNITED STATES. NATURALIZATION. in the Department of Commerce and Labor is hereby changed to the *' Bureau of Immigration and Naturaliza- tion," which said Bureau, under the direction and control of the Secretary of Commerce and Labor, in addition to the duties now provided by law, shall have charge of all matters concerning the naturalization of aliens. That it shall be the duty of the said Bureau to provide, for use at the various immigration stations throughout the United States, books of record, wherein the commissioners of immi- gration shall cause a registry to be made in the case of each alien arriving in the United States from and after the passage of this Act of the name, age, occupation, personal description (including height, complexion, color of hair and eyes), the place of birth, the last residence, the in- tended place of residence in the United States, and the date of arrival of said alien, and, if entered through a port, the name of the vessel in which he comes. And it shall be the duty of said commissioners of immigration to cause to be granted to such alien a certificate of such registry, with the particulars thereof. Sec. 2. That the Secretary of Commerce and Labor shall provide the said Bureau with such additional fur- nished offices within the city of Washington, such books of record and facilities, and such additional assistants, clerks, stenographers, typewriters, and other employees as may be necessary for the proper discharge of the duties imposed by this Act upon such Bureau, fixing the compensation of such additional employees until July first, nineteen hundred and seven, within the appropriations made for that purpose. Sec. 3. That exclusive jurisidction to naturalize aliens as citizens of the United States is hereby conferred upon the following specified courts : United States circuit and district courts now existing, or which may hereafter be established by Congress in any State, United States district courts for the Territories of Arizona, New Mexico, Oklahoma, Hawaii, and Alaska, the supreme court of the District of Columbia, and the United States courts for the Indian Territory; also all courts of record in any State or Territory now existing, or which may hereafter be created, having a seal, a clerk, and juris- diction in actions at law or equity, or law and equity, in which the amount in controversy is unlimited. That the naturalization jurisdiction of all courts herein specified. State, Territorial and Federal, shall extend only to aliens, resident within the respective judicial districts of such courts. The courts herein specified shall, upon the requisition of the clerks of such courts, be furnished from time to time by the Bureau of Immigration and Naturalization with such blank forms as may be required in the naturalization of aliens, and all certificates of naturalization shall be con- 10 ELECTION LAWS OF THE UNITED STATES. NATURALIZATION. secutively numbered and printed on safety paper furnished by said Bureau. Sec. 4. That an alien may be admitted to become a citizen of the United States in the following manner and not otherwise : First. He shall declare on oath before the clerk of any court authorized by this Act to naturalize aliens, or his authorized deputy, in the district in which such alien re- sides, two years at least prior to his admission, and after he has reached the age of eighteen years, 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 sov- ereignty of which the alien may be at the time a citizen or subject. And such declaration shall set forth the name, age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel, if any, in which he came to the United States, and the present place of residence in the United States of said alien : Provided, however, That no alien who, in conformity with the law in force at the date of his dec- laration, has declared his intention to become a citizen of the United States shall be required to renew such declara- tion. Second. Not less than two years nor more than seven years after he has made such declaration of intention he shall make and file, in duplicate, a petition in writing, signed by the applicant in his own handwriting and duly verified, in which petition such applicant shall state his full name, his place of residence (by street and number, if possible), his occupation, and if possible, the date and place of his birth; the place from which he emigrated, and the date and place of his arrival in the United States, and, if he entered through a port, the name of the vessel on which he arrived; the time when and the place and name of the court, where he declared his intention to become a citizen of the United States; if he is married he shall state the name of his wife and, if possible, the country of her nativity and her place of residence at the time of filing his petition ; and if he has children, the name, date, and place of birth and place of residence of each child living at the time of the filing of his petition : Provided, That if he has filed his declaration before the passage of this Act he shall not be required to sign the petition in his own handwriting. The petition shall set forth that he is not a disbeliever in or opposed to organized government, or a member of or affiliated with any organization or body of persons teaching disbelief in or opposed to organized government, a polyga- mist or believer in the practice of polygamy, and that it is his intention to become a citizen of the United States and to renounce absolutely and forever all allegiance and ELECTION LAWS OP THE UNITED STATES. ' 11 NATXJRALIZATION. fidelity to any foreign prince, potentate, state, or sovereign- ty, and particularly by name to the prince, potentate, state, or sovereignty of which he at the time of filing of his peti- tion may be a citizen or subject, and that it is his intention to reside permanently within the United States, and whether or not he has been denied admission as a citizen of the United States, and, if denied, the ground or grounds of such denial, the court or courts in which such decision was rendered, and that the cause for such denial has since been cured or removed, and every fact material to his naturali- zation and required to be proved upon the final hearing of his application. The petition shall also be verified by the affidavits of at least two credible witnesses, who are citizens of the United States, and who shall state in their affidavits that they have personally known the applicant to be a resident of the United States for a period of at least five years continu- ously, and of the State, Territory, or district in which the application is made for a period of at least one year immedi- ately preceding the date of the filing of his petition, and that they each have personal knowledge that the petitioner is a person of good moral character, and that he is in every way qualified, in tJieir opinion, to be admitted as a citizen of the United States. At the time of filing his petition there shall be filed with the clerk of the court a certificate from the Depart- ment of Commerce and Labor, if the petitioner arrives in the United States after the passage of this Act, stating the date, place, and manner of his arrival in the United States, and the declaration of intention of such petitioner, which certificate and declaration shall be attached to and made a part of said petition. Third. He shall, before he is admitted to citizenship, declare on oath in open court that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidel- ity to any 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 ; that he will support and defend the Constitution and laws of the United States against all enemies, foreign and domestic, and bear true faith and allegiance to the same. Fourth. It shall be made to appear to the satisfaction of the court admitting any alien to citizenship that imme- diately preceding the date of his application he has resided continuously 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 thrt time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. In addition to the oath of the applicant, the testi- 12 ELECTION LAWS OP THE UNITED STATES. NATURAUZATION. mony of at least two witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution shall be required, and the name, place of residence, and occupation of each witness shall be set forth in the record. Fifth. In case the alien applying to be admitted to citizenship has borne any hereditary title, or has 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 no- bility in the court to which his application is made, and his renunciation shall be recorded in the court. Sixth. When any alien who has declared his inten- tion to become a citizen of the United States dies before he is actually naturalized^ the widow and minor children of such alien may, by complying with the other provisions of this Act, be naturalized without making any declaration of intention. Sec. 5. That the clerk of the court shall, immediately after filing the petition, give notice thereof by posting in a public and conspicuous place in his office, or in the build- ing in which his office is situated, under an appropriate heading, the name, nativity, and residence of the alien, the date and place of his arrival in the United States, and the date, as nearly as may be, for the final hearing of his peti- tion, and the names of the witnesses whom the applicant expects to summon in his behalf; and the clerk shall, if the applicant requests it, issue a subpoena for the witnesses so named by the said applicant to appear upon the day set for the final hearing, but in case such witness cannot be produced upon the final hearing other witnesses may be summoned. Sec. 6. That petitions for naturalization may be made and filed during term time or vacation of the court and shall be docketed the same day as filed, but final action thereon shall be had only on stated days, to be fixed by rule of the court, and in no case shall final action be had upon a petition until at least ninety days have elapsed after filing and posting the notice of such petition: Provided, That no person shall be naturalized nor shall any certificate of naturalization be issued by any court within thirty days preceding the holding of any general election within its territorial jurisdiction. It shall be lawful, at the time and as a part of the naturalization of an alien, for the court, in its discretion, upon the petition of such alien, to make a decree changing the name of said alien, and his certificate of naturalization shall be issued to him in accordance there- with. Sec. 7. That no person who disbelieves in or who is opposed to organized government, or who is a member of or affiliated with any organization entertaining and teach- ing such disbelief in or opposition to organized govern- ELECTION LAWS OP THE UNITED STATES. 18 NATURALIZATION. ment, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers gen- erally, of the government of the United States, or of any other organized government, because of his or their official character, or who is a polygamist, shall be naturalized or be made a citizen of the United States. Sec. 8. That no alien shall hereafter be naturalized or admitted as a citizen of the United States who cannot speak the English language : Provided, That this require- ment shall not apply to aliens who are physically unable to comply therewith, if they are otherwise qualified to be- come citizens of the United States : And provided further, That the requirements of this section shall not apply to any alien who has prior to the passage of this Act declared his intention to become a citizen of the United States in conformity with the law in force at the date of making such declaration: Provided further, That the requirements of section eight shall not apply to aliens who shall hereafter declare their intention to become citizens and who shall make homestead entries upon the public lands of the United States and comply in all respects with the laws providing for homestead entries on such lands. Sec. 9. That every final hearing upon such petition shall be had in open court before a judge or judges thereof, and every final order which may be made upon such peti- tion shall be under the hand of the court and entered in full upon a record kept for that purpose, and upon such final hearing of such petition the applicant and witnesses shall be examined under oath before the court and in the presence of the court. Sec. 10. That in case the petitioner has not resided in the State, Territory, or district for a period of five years continuously and immediately preceding the filing of his petition he may establish by two witnesses, both in his peti- tion and at the hearing, the time of his residence within the State, provided that it has been for more than one year, and the remaining portion of his five years* residence with- in the United States required by law to be established may be proved by the depositions of two or more witnesses who are citizens of the United States, upon notice to the Bureau of Immigration and Naturalization and the United States attorney for the district in which said witnesses may reside. Sec. 11. That the United States shall have the right to appear before any court or courts exercising jurisdiction in naturalization proceedings for the purpose of cross- examining the petitioner and the witnesses produced in support of his petition concerning any matter touching or in any way affecting his right to admission to citizenship, and shall have the right to call witnesses, produce evidence, and be heard in opposition to the granting of any petition in naturalization proceedings. 14 BEJCCJTION LAWS OF THE XJNITISD STATBS. NATURALIZATION. Sec. 12. That it is hereby made the duty of the clerk of each and every comrt exercising jurisdiction in naturali- zation matters under the provisions of this Act to keep and file a duplicate of each declaration of intention made before him and to send to the Bureau of Immigration and Nat- uralization at Washington, within thirty days after the issuance of a certificate of citizenship, a duplicate of such certificate, and to make and keep on file in his office a stub for each certificate so issued by him, whereon shall be en- tered a memorandum of all the essential facts set forth in such certificate. It shall also be the duty of the clerk of each of said courts to report to the said Bureau, within thirty days after the final hearing and decision of the court, the name of each and every alien who shall be denied nat- uralization, and furnish to said Bureau duplicates of all petitions within thirty days after the filing of the same, and certified copies of such other proceedings and orders insti- tuted in or issued out of said court affecting or relating to the naturalization of aliens as may be required from time to time by the said Bureau. In case any such clerk or officer acting under his di- rection shall refuse or neglect to comply with any of the foregoing provisions he shall forfeit and pay to the United States the sum of twenty-five dollars in each and every case in which such violation or omission occurs, and the amount of such forfeiture may be recovered by the United States in an action of debt against such clerk. Clerks of courts having and exercising jurisdiction in naturalization matters shall be responsible for all blank certificates of citizenship received by them from time to time from the Bureau of Immigration and Naturalization, and shall account for the same to the said Bureau when- ever required so to do by such Bureau. No certificate of citizenship received by any such clerk which may be de- faced or injured in such manner as to prevent its use as herein provided shall in any case be destroyed, but such certificate shall be returned to the said Bureau; and in case any such clerk shall fail to return or properly account for any certificate furnished by the said Bureau, as herein provided, he shall be liable to the United States in the sum of fifty dollars, to be recovered in an action of debt, for each and every certificate not properly accounted for or returned. Sec. 13. That the clerk of each and every court ex- ercising jurisdiction in naturalization cases shall charge, collect, and account for the following fees in each pro- ceeding : For receiving and filing a declaration of intention and issuing a duplicate thereof, one dollar. For making, filing, and docketing the petition of an alien for admission as a citizen of the United States and for the final hearing thereon, two dollars ; and for entering ELECTION LAWS OF THE UNITED STATES. li NATURALIZATION. the final order and the issuance of the certificate of citizen- ship thereunder, if granted, two dollars. The clerk of any court collecting such fees is hereby authorized to retain one-half of the fees collected by him; in such naturalization proceeding; the remaining one-half of the naturalization fees in each case collected by such clerks, respectively, shall be accounted for in their quar- terly accounts, which they are hereby required to render the Bureau of Immigration and Naturalization, and paid over to such Bureau within thirty days from the close of each quarter in each and every fiscal year, and the moneys so received shall be paid over to the disbursing clerk of the Department of Commerce and Labor, who shall there- upon deposit them in the Treasury of the United States, rendering an account therefor quarterly to the Auditor for the State and other Departments, and the said disbursing clerk shall be held responsible under his bond for said fees so received. In addition to the fees herein required, the petitioner shall, upon the filing of his petition to become a citizen of the United States, deposit with and pay to the clerk of the court a sum of money sufficient to cover the expenses of subpoenaing and paying the legal fees of any witnesses for whom he may request a subpoena, and upon the final dis- charge of such witnesses they shall receive, if they demand the same from the clerk, the customary and usual witness fees from the moneys which the petitioner shaU have paid to such clerk for such purpose, and the residue, if any, shall be returned by the clerk to the petitioner: Provided, That the clerks of courts exercising jurisdiction in natural- ization proceedings shall be permitted to retain one-half of the fees in any fiscal year up to the sum of three thou- sand dollars, and that all fees received by such clerks in naturalization proceedings in excess of snoh amount shall be accounted for and paid over to said Bureau as in case of other fees to which the United States may be entitled under the provisions of this Act. The clerks of the various courts exercising jurisdiction in naturalization proceedings shall pay all additional clerical force that may be required in performing the duties imposed by this Act upon the clerks of courts from fees received by such clerks in nat- uralization proceedings. And in case the clerk of any court collects fees in excess of the sum of six thousand dollars in any one year, the Secretary of Commerce and Labor may allow to such clerk from the money which the United States shall receive additional compensation for the employment of additional clerical assistance, but for no other purpose, if in the opinion of the said Secretary the business of such clerk warrants such allowance. Sec. 14. That the declarations of intention and the petitioners for naturalization shall be bound in chronologi- cal order in separate volumes, indexed, consecutively num- 16 ELECTION LAWS OP THE UNITED STATES. NATURALIZATION. bered, and made part of the records of the court. Each certificate of naturalization issued shall bear upon its face, in a place prepared therefor the volume number and page number of the petition whereon such certificate was issued, and the volume number and page number of the stub of such certificate. Sec. 15. That it shall be the duty of the United States district attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any court having jurisdiction to naturalize aliens in the judicial district in which the naturalized citizen may reside at the time of bringing the suit, for the purpose of setting aside and cancelling the certificate of citizenship on the ground of fraud or on the ground that such certificate of citizenship was illegally procured. In any such proceedings the party holding the certificate of citizenship alleged to have been fraudulently or illegally procured shall have sixty days' personal notice in which to make answer to the petition of the United States; and if the holder of such certificate be absent from the United States, or from the district in which he last had his residence, such notice shall be given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the State or the place where such suit is brought. If any alien who shall have secured a certificate of citi- zenship under the provisions of this Act shall, within five years after the issuance of such certificate, return to the country of his nativity, or go to any other foreign country, and take permanent residence therein, it shall be consid- ered prima facie evidence of a lack of intention on the part of such alien to become a permanent citizen of the United States at the time of filing his application for citizenship, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the cancel- lation of his certificate of citizenship as fraudulent, and the diplomatic and consular officers of the United States in foreign countries shall from time to time, through the De- partment of State, furnish the Department of Justice with the names of those within their respective jurisdictions who have such certificates of citizenship and who have taken permanent residence in the country of their nativity, or in any other foreign country, and such statements, duly cer- tified shall be admissible in evidence in all courts in pro- ceedings to cancel certificates of citizenship. Whenever any certificate of citizenship shall be set aside or canceled, as herein provided, the court in which such judgment or decree is rendered shall make an order cancelling such certificate of citizenship and shall send a certified copy of such order to the Bureau of Immigration and Naturalization; and in case such certificate was not originally issued by the court making such order it shall direct the clerk of the court to transmit a copy of guch ELECTION LAWS OP THE UNITED STATES. 17 NATURALIZATION. order and judgment to the court out of which such certifi- cate of citizenship shall have been originally issued. And it shall thereupon be the duty of the clerk of the court re- ceiving such certified copy of the order and judgment of the court to enter the same of record and to cancel such original certificate of citizenship upon the records and to notify the Bureau of Immigration and Naturalization of such cancellation. The provisions of this section shall apply not only to certificates of citizenship issued under the provisions of this Act, but to all certificates of citizenship which may have been issued heretofore by any court exercising jurisdiction in naturalization proceedings under prior laws. Sec. 16. That every person who falsely makes, forges, counterfeits, or causes or procures to be falsely made, forged, or counterfeited, or knowingly aids or assists in falsely making, forging, or counterfeiting any certificate of citizenship, with intent to use the same, or with the intent that the same may be used by some other person or persons, shall be guilty of a felony, and a person convicted of such offense shall be punished by imprisonment for not more than ten years, or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. Sec. 17. That every person who engraves or causes or procures to be engraved, or assists in engraving, any plate in the likeness of any plate designed for the printing of a certificate of citizenship, or who sells any such plate, or who brings into the United States from any foreign place any such plate, except under the direction of the Sec- retary of Commerce and Labor, or other proper officer, Eind any person who has in his control, custody, or possession any metallic plate engraved after the similitude of any plate from which any such certificate has been printed, with in- tent to use such plate or suffer the same to be used in forging or counterfeiting any such certificate or any part thereof; and every person who prints, photographs, or in any other manner causes to be printed, photographed, made, or executed, any print or impression in the likeness of any such certificate, or any part thereof, or who sells any such certificate, or brings the same into the United States from any foreign place, except by direction of some proper officer of the United States, or who has in his possession a dis- tinctive paper which has been adopted by the proper officer of the United States for the printing of such certificate, with intent to unlawfully use tlie same, shall be punished by a fine of not more than ten thousand dollars, or by im- prisonment at hard labor for not more than ten years, or by both such fine and imprisonment. Sec. 18. That it is hereby made a felony for any clerk or other person to issue or be a party to the issuance of a certificate of citizenship contrary to the provisions of this Act, except upon a final order under the hand of a court IS ELECTION LAWS OP THE UNITED STATES. NATURAUZATION. having jurisdiction to make such order, and upon convic- tion thereof such clerk or other person shall be punished by imprisonment for not more than five years and by a fine of not more than five thousand dollars, in the discretion of the court. Sec. 19. That every person who without lawful excuse is possessed of any blank certificate of citizenship provided by the Bureau of Immigration and Naturalization with in- tent unlawfully to use the same, shall be imprisoned at hard labor not more than five years or be fined not more than one thousand dollars. Sec. 20. That any clerk or other officer of a court having power under this Act to naturalize aliens, who will- fully neglects to render true accounts of moneys received by him for naturalization proceedings or who willfully neglects to pay over any balance of such moneys due to the United States within thirty days after said payment shall become due and demand therefor has been made and refused, shall be deemed guilty of embezzlement of the pub- lic moneys, and shall be punishable by imprisonment for not more than five years, or by a fine of not more than five thousand dollars, or both. Sec. 21. That it shall be unlaw^ful for any clerk of any court or his authorized deputy or assistant exercising jurisdiction in naturalization proceedings, or to demand, charge, collect, or receive any other additional fees or moneys in naturalization proceedings save the fees and moneys herein specified ; and a violation of any of the pro- visions of this section or any part thereof is hereby declared to be a misdemeanor and shall b? punished by imprison- ment for not more than two years, or by a fine of not more than one thousand dollars, or by both such fine and im- prisonment. Sec. 22. That the clerk of any court exercising juris- diction in naturalization proceedings, or any person acting under authority of this Act, who shall knowingly certify that a petitioner, affiant, or witness named in an affidavit, petition, or certificate of citizenship, or other paper or writing required to be executed under the provisions of this Act, personally appeared before him and was sworn thereto, or acknowledged the execution thereof or signed the same, when in fact such petitioner, affiant, or witness did not personally appear before him, or was not sworn thereto, or. did not execute the same, or did not acknowledge the execu- . tion thereof, shall be punished by a fine not exceeding five thousand dollars, or by imprisonment not to exceed five years. Sec. 23. That any person who knowingly procures naturalization in violation of the provisions of this Act shall be fined not more than five thousand dollars, or shall be imprisoned not more than five years, or both, and upon conviction the court in which such conviction is had shall ELBCTION LAWS OF THE UNITED STATES. 19 NATURALIZATION. thereupon adjudge and declare the final order admitting such person to citizenship void. Jurisdiction is hereby con- ferred on the courts having jurisdiction of the trial of such offense to make such adjudication. Any person who know- ingly aids, advises, or encourages any person not entitled thereto to apply for or to secure naturalization, or to file the preliminary papers declaring an intent to become a citizen of the IFnited States, or who in any naturalization proceeding knowingly procures or gives false testimony as to any material fact, or who knowingly makes an aflSdavit false as to any material fact required to be proved in such proceeding, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. Sec. 24. That no person shall be prosecuted, tried, or punished for any crime arising under the provisions of this Act unless the indictment is found or the information is filed within five years next after the commission of such crime. Sec. 25. That for the purpose of the prosecution of all crimes and offenses against the naturalization laws of the United States which may have been committed prior to the date when this Act shall go into effect, the existing naturalization laws shall remain in full force and effect. Sec. 26. That sections twenty-one hundred and sixty- five, twenty-one hundred and sixty-seven, twenty-one hun- dred and sixty-eight, twenty-one hundred and seventy-three, of the Revised Statutes of t^ e United States of America, and section thirty-nine of chapter one thousand and twelve of the Statutes at Large of the United States of America for the y6ar nineteen hundred and three, and all Acts or parts of Acts inconsistent with or repugnant to the pro- vision of this Act are hereby repealed. Sec. 27. That substantially the following forms shall be used in the proceedings to which they relate : declaration of intention. (Invalid for all purposes seven years after the date hereof.) I , aged years, occupation , do declare on oath (affirm) that my personal description is : Color , complexion height , weight , color of hair color of eyes , other visible distinctive marks ; I was bom in on the day of , anno Domini ; I now reside at ; I emigrated to the United State of America from on the vessel ; my last foreign residence was It is my bona fide intention to renounce for- 20 ELECTION LAWS OP THE UNITED STATES. NATURALIZATION. ever all allegiance and fidelity to any foreign prince, po- tentate, state, or sovereignty, and particularly to of which I am now a citizen (subject) ; I arrived at the (port) of , in the State (Territory or District) of on or about the day of anno Domini ; I am not an anarchist ; I am, not a polygamist nor a believer in the practice of polygamy ; and it is my intention in good faith to become a citizen of the United States of America and to permanently reside there- in. So help me God. (Original signature of declarant) Subscribed and sworn to (affirmed) before me this day of , anno Domini [L.S.] (Official character of attestor.) PETITION FOR NATURALIZATION. Court of In the matter of the petition of to be admitted as a citizen of the United States of America. To the. Court: The petition of respectfully shows. First. My full name is Second. My place of residence is number street, city of , State (Territory or District) of Third. My occupation is Fourth. I was born on the day of at Fifth. I emigrated to the United Statees from on or about the day of , anno Domini , and arrived at the port of , in the United States, on the vessel Sixth. I declared my intention to become a citizen of the United States on the day of at , in the court of Seventh. I am married. My wife 's name is She was born in and now resides I have .children and the name, date, and place of birth and place of residence of each of said children is as follows : Eighth. I am not a disbeliever in or opposed to or- ganized government or a member of or afSliated with any organization or body of persons teaching disbelief in or- ganized government. I am not a polygamist nor a believer in the practice of polygamy. I am attached to the princi- ples of the Constitution of the United States, and it is my intention to become a citizen of the United States and to renounce absolutely and forever all allegiance and fidelity ELECTION LAWS OP TEEE UNITED STATES. 21 NATURALIZATION. to any foreign prince, potentate, state, or sovereignty, and particularly to , of which at this time I am a citizen (or subject), and it is my intention to reside perma- nently in the United States. Ninth. I am able to speak the English language. Tenth. I have resided continuously in the United States of America for a term of five years at least immedi- ately preceding the date of this petition, to- wit, since anno Domini, and in the State (Territory or District) of for one year at least next preceding the date of this petition, to-wit, since day of anno Domini Eleventh. I have not heretofore made petition for citizenship to any court. (I made petition for citizenship to the court of , at , and the said petition was denied by the said court for the fol- lowing reasons and causes, to-wit, , and the cause of such denial has since been cured or removed.) Attached hereto and made a part of this petition are my declaration of intention to become a citizen of the United States and the certificate from the Department of Commerce and Labor required by law. Wherefore your petitioner prays that he may be admitted a citizen of the United States of America. Dated (Signature of petitioner) , being duly sworn, deposes and says that he is the petitioner in the above-entitled proceed- ings ; that he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowl- edge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to .be true. Subscribed and sworn to before me this day of , anno Domini [L.S.] Clerk of the Court. AFFIDAVIT OP WITNESSES. Court of In the matter of the petition of to be admitted a citizen of the United States of America. ,ss: , occupation , residing at • • • • • , and , occupation residing at , each being severally, duly, and re- spectively sworn, deposes and says that he is a citizen of the United States of America ; that he has personally known , the petitioner above mentioned, to be a resident of the United States for a period of at least ELECTION LAWS OF THE UNITISD STATUS. NATURALIZATION. five years continuously immediately preceding the date of filing his petition, and of the State (Territory or District) in which the above-entitled application is made for a period of years immediately preceding the date of filing his petition ; and that he has personal knowledge that the said petitioner is a person of good moral character, attached to the principles of the Constitution of the United States, and that he is in every way qualified, in his opinion, to be admitted as a citizen of the tJnited States. Subscribed and sworn to before me this day of , nineteen hundred and [L.S.] (Official character of attestor.) CERTIFICATE OF NATURALIZATION. Number Petition, volume , page Stub, volume , page (Signature of holder) Description of holder; Age, ; height ; color, ; complexion, ; color of eyes, ; color of hair, ; visible distinguishing marks, Name, age, and place of residence of wife, names, ages, and places of residence of minor children , , SS : Be it remembered, that at a .term of the court of held at on the day of ; in the year of our Lord nine- teen hundred and , who previous to his (her) naturalization was a citizen or subject of at present residing at number street, city (town) , State (Territory or District), having applied to be admitted a citizen of the United States of America pursuant to law, and the court having found that the petitioner had resided continuously within the United States for at least five years and in this State for one year immediately preceding the date of the hearing of his (her) petition, and that said petitioner in- tends to reside permanently in the United States, had in all respects complied with the law in relation thereto, and that he was entitled to be so admitted, it was thereupon ordered by said court that ..... he be admitted as a citizen of the United States of America. In testimony whereof the seal of said court is hereunto affixed on the day of in thB yfear ELECTION LAWS OP THE UNITED STATES. 28 NATURALIZATION. _ of our Lord nineteen hundred and , and of our independence the [L.S.] (Official character of attestor.) STUB OP CERTIFICATE OP NATURALIZATION. No. of certificate Name ; age, Declaration of intention, volume , page Petition, volume , page Name, age, and place of residence of wife Names, ages and places of residence of minor children, Date of order, volume , page (Signature of holder) Sec. 28. That the Secretary of Commerce and Labor shall have power to make such rules and regulations as may be necessary for properly carrying into execution the vari- ous provisions of this Act. Certified copies of all papers, documents, certificates, and records required to be used, filed, recorded, or kept under any and all of the provisions of this Act shall be admitted in evidence equally with the originals in any and all proceedings under this Act and in all cases in which the originals thereof might be admissible as evidence. Sec. 30. That all the applicable provisions of the nat- uralization laws of the United States shall apply to and be lield to authorize the admission to citizenship of all per- sons not citizens who owe permanent allegiance to the United States, and who may become residents of any State or organized Territory of the United States, with the fol- lowing modifications: The applicant shall not be required to renounce allegiance to any foreign sovereignty ; he shall make his declaration of intention to become a citizen of the United States at least two years prior to his admission ; and residence within the jurisdiction of the United States, owing such permanejit allegiance, shall be regarded as residence within the United States within the meaning of the five years' residence clause of the existing law. Sec. 31. That this Act shall take effect and be in force from and after ninety days from the date of its pas- sage : Provided, That sections one, two, twenty-eight, and twenty-nine shall go into effect from and after the passage of this Act. Approved June 29, 1906. PROVISIONS OF THE Constitution of the State of Ohio RELATING TO ELECTIONS ARTICLE V. Who may vote. By baUot. Voters, when privileged from arrest. Forfeiture of elective fran- chise. Persons not con- sidered residents of the state. Idiots or insane persons. Nomination of elective officers by direct vote. ELECTIVE FRANCHISE. Sec. 1. Every white male citizen of the United States, of the age twenty-one years, who shall have been a resident 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 quali- fications of an elector, and be entitled to vote at all elec- tions. Note : — 1. This restriction on the elective franchise is now abrogated by the 14th and 15th articles of amendment to the Federal Constitution. 2. An inmate of a county infirmary who has adopted the township in which the infirmary is situated as his place of residence, having no family elsewhere, and who possesses the other qualifications required by law, is entitled to vote in the township in which said infirmary is situated. Sturgeon t. Korte 34 0. S. 525, 533. Sue. 2. All elections shall be by ballot. For definition of "ballot" see State v. Board. 80 0. S. 471. Sec. 3. Electors during their attendance at elections, and in going to, and returning therefrom, shall be privi- leged from arrest in all cases, except treason, felony, and breach of the peace. Sec. 4. The general assembly shall have the power to exclude from the privilege of voting, or of being eligible to office, any person convicted of bribery, perjury or other infamous crimes. Sec. 5. No person in the military, naval, or marine service of the United States, shall by being stationed in any 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 the privileges of an elector. Sec. 7. All nominations for elective state, district, county and municipal offices shall be made at direct primary elections or by petition as provided by law, and provision shall be made by law for a preferential vote for United States senator; but direct primaries shall not be held for (24) PROVISIONS OF THE CONSTITUTION OP OHIO. 26 RELATING TO ELECTIONS. the nomination of township officers or for the officers of JJJ^^JpjJ^^ municipalities of less than two thousand population, unless townships or petitioned for by a majority of the electors of such town- Km toJnf.ooo ship or municipality. All delegates from this state to the population, national convention of political parties shall be chosen by direct vote of the electors. Each candidate for such dele- gate shall state his first and second choices for the presi- dency, which preferences shall be printed upon the primary ballot below the name of such candidate, but the name of no candidate for the presidency shall be so used without his written authority. ARTICLE XVII. Sec. 1. Elections for state and county officers S^lfec'tiow.^*" shall be held on the first Tuesday after the first Monday in 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 JS™.**' governor, attorney-general, secretary of state and treasurer 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 court shall be such even number of years not less than six (6) years as may 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 so prescribed; and the term of office of the mem- bers of the board of public works shall be such even num- ber of years not exceeding six (6) years as may be pre- scribed ; and the term of office of all elective county, town- ship, municipal and school officers shall be such even num- ber of years not exceeding four (4) years as may be so prescribed. And the general assembly shall have power to so extend existing terms of office as to effect the purpose of section 1 of this article. Any vacancy which may occur in any elective state office other than that of a member of the general assembly or of governor, shall be filled by appointment by the gov- ernor until the disability is removed, or a successor elected ^»««n«*««' 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 elected shall fill the office for the unexpired term. All vacancies in other elective offices shall be filled for the unexpired term in such manner as may be prescribed by law. 26 PROVISIONS OF THE CONSTITUTION OF OHIO. 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. Right reserved to propose laws and amendments to the constitu- tion and to adopt or reject the same at the polls. Percentum re- quired to pro- pose an amend- ment: flUnK petition. ARTICLE II. LEGISLATIVE. Sec. 1. The legislative power of the state shall be vested in a general assembly consisting of a senate and house of representatives but the people reserve to them- selves the power to propose to the general assembly laws and amendments to the constitution, and to adopt or reject the same at the polls on a referendum vote as hereinafter provided. They also reserve the power to adopt or reject any law, section of any law or any item in any law ap- propriating money passed by the general assembly, except as hereinafter provided; and independent of the general assembly to propose amendments to the constitution and to adopt or reject the same at the polls. The limitations ex- pressed in the constitution, on the power of the general assembly to enact laws, shall be deemed limitations on the power of the people to enact laws. (Adopted Sept. 3, 1912.) The people also reserve to themselves the legislative power of the referendum on the action of the General As- sembly ratifying any proposed amendment to the Consti- tution of the United States. No such ratification shall go into effect until ninety days after it shall have been adopted by the General Assem- bly. When a petition signed by six per centum of the electors of the state as is provided for a referendum peti- tion on laws passed by the General Assembly shall have been filed with the Secretary of State within ninety days after said ratification by the General Assembly, ordering that such ratification be submitted to the electors of the state for their approval or rejection, the Secretary of State shall submit to the electors of the state for their approval or rejection said ratification in the manner provided for the submission by referendum of a law passed by the General Assembly, and said action of the General Assembly ratify- ing the said amendment to the Constitution of the United States shall not go into effect until and unless approved by a majority of those voting upon the same. All the pro- visions of this article on the subject of the referendum upon laws passed by the General Assembly shall apply hereto, so far as the same are applicable, except that the General Assembly may not declare its ratification of a proposed amendment to the Constitution of the United States an emergency not subject to the referendum. (Adopted Nov. 5, 1918.) Sec. la. The first aforestated power reserved by the people is designated the initiative, and the signatures of tem per centum of the electors shall be required npon a PROVISIONS OP THE CONSTITUTION OF OHIO. 27 petition to propose an amendment to the constitution. When a petition signed by the aforesaid required number of electors, shall have been filed with the secretary of state, and verified as herein provided, proposing an amendment to the constitution, the full text of which shall have been set forth in such petition, the secretary of state shall submit for the approval or rejection of the electors, the proposed amendment, in the manner hereinafter provided, at the next succeeding regular or general election in any year occurring subsequent to ninety days after the filing of such petition. The initiative petitions, above described, shall have printed across the top thereof: ** Amendment to the Constitution Proposed by Initiative Petition to be Sub- mitted Directly to the Electors. ' ' (Adopted Sept. 3, 1912.) The language of the constitution definitely and distinctly was intended to appropriate the general state election machinery for the adoption or rejection of amendments to the constitution proposed under its provisions. G. C. Sec. 4785 must be presumed to have been in contemplation of both fraraers of the constitu- tional amendments and the legislature. Its provisions, as well as those of the constitution, are sufficient to require the elections on amendments to be conducted according to law. Furthermore G. C. Sec. 5019 was specially amended to provide for election on referendum of laws and consrtitutional amendments, and is ade- quate for that purpose: Hocljett v. Liquor License Board, 16 0. N. P. (N. S.) 417, 25 O. D. (N. P.) 117 (affirmed by the court of appeals, which was affirmed, Hockett V. Liquor Licensing Board, 91 0. S. 176). Sec. lb. When at any time, not less than ten days Percentum re- prior to the commencement of any session of the general J^iw* *° propose assembly, there shall have been filed with the secretary of state a petition signed by three per centum of the elec- tors and verified as herein provided, proposing a law, the full text of which shall have been set forth in such petition, the secretary of state shall transmit the same to the gen- eral assembly as soon as it convenes. If said proposed law shall be passed by the general assembly, either as pe- titioned for or in an amended form, it shall be subject to when proposed the referendum. If it shall not be passed, or if it shall be ferred ^o eiec'-*' passed in an amended form, or if no action shall be taken m^^S'^petition. thereon within four months from the time it is received by the general assembly, it shall be submitted by the secre- tary of state to the electors for their approval or rejection at the next regular or general election, if such submission shall be demanded by supplementary petition verified as herein provided and signed by not less than three per centum of the electors in addition to those signing the original petition, which supplementary petition must be signed and filed with the secretary of state within ninety days after the proposed law shall have been rejected by the general assembly or after the expiration of such term of four months, if no action has been taken thereon, or after the law as passed by the general assembly shall have been filed by the governor in the office of the secretary of state. The proposed law shall be submitted in the form demanded by such supplementary petition, which form shall be either as first petitioned for or with any amendment or amendments which may have been incorporated therein by either branch or by both branches of the general as- sembly. If a proposed law so submitted is approved 2S PROVISIONS OF TH2 CONSTITUTION OF OHIO. How Initiative Petition shall be primted: ballot submittins the When proposed law or amend- ment. If ap- proved, shall take effect. Percentum re- quired to refer a law, etc.. to the electon; filing petition. by a majority of the electors voting thereon, it shaU be the law and shall go into effect as herein pro- vided in lieu of any amended form of said law which may have been passed by the general assembly, and such amended law passed by the general assembly shall not go into effect until and unless the law proposed by supple- mentary petition shall have been rejected by the electors. All such initiative petitions, last above described, shall have printed across the top thereof, in case of proposed laws: ''Law Proposed by Initiative Petition First to be Sub- mitted to the General Assembly." Ballots shall be so printed as to permit an affirmative or negative vote upon each measure submitted to the electors. Any proposed law or amendment to the constitution submitted to the electors as provided in section la and section lb, if approved by a majority of the electors voting thereon, shall take ef- fect thirty days after the election at which it was approved and shall be published by the secretary of state. If con- flicting proposed laws or conflicting proposed amendments to the constitution shall be approved at the same election by a majority of the total number of votes cast for and against the same, the one receiving the highest number of affirmative votes shall be the law, or in the case of amend- ments to the constitution shall be the amendment to the constitution. No law proposed by initiative petition and approved by the electors shaU be subject to the veto of the governor. (Adopted Sept. 3, 1912.) There is no statutory proceeding for contesting an election under a state referendum at which amendments to the constitution are submitted to the electors of the ertate : State ex rel. v. Graves. 91 0. S. 113. The courts can not enjoin a referendum proceeding under this section on the ground that the proposed law which is to be submitted to the electors will be unconstitutional If enacted : Pfeifer v. Graves, 88 0, S. 473. An initiated law, which has been introduced into the house of representa- tives, in compliance with this section, and referred to the proper committee, which reported it back with amendments which were agreed to by the house, which took no further action upon it, may be submitted as thus amended to the electors of the state in due time after a supplementary petition properly signed and verified has been filed with the secretary of state demanding its submission in its amended form. Amendments to the proposed law, thus reported and agreed to, are thereby Incorporated in It as required by said section : Pfeifer v. Graves, 88 0. S. 473. Sec. Ic. The second aforestated power reserved by the people is designated the referendum, and the signatures of six per centum of the electors shall be required upon a petition to order the submission to the electors of the state for their approval or rejection, of any law, section of any law or any item in any law appropriating money passed by the general assembly. No law passed by the general assembly shall go into effect until ninety days after it shall have been filed by the governor in the office of the secre- tary of state, except as herein provided. When a petition, signed by six per centum of the electors of the state and verified as herein provided, shall have been filed with the secretary of state within ninety days after any law shall have been filed by the governor in the office of the secretary of state, ordering that such law, section of such law or any item in such law appropriating money be submitted to PROVISIONS OP THE CONSTITUTION OP OHIO. 29 the electors of the state for their approval or rejection, the secretary of state shall submit to the electors of the state for their approval or rejection such law, section or item, in the manner herein provided, at the next succeeding regular or general election in any year occurring subse- quent to sixty days after the filing of such petition, and no such law, section or item shall go into effect until and unless approved by a majority of those voting upon the same. If, however, a referendum petition is filed against any such section or item, the remainder of the law shidl not thereby be prevented or delayed from going into effect. (Adopted Sept. 3, 1912.) The term "legislature" In Art. I, Sec. 4, of the United States constitution, comprehends the entire legislative power of the state; and. as so used. Includes not only the two branchM of the general assembly, but the popular will as ex- pressed In the referendum provided for in this section and In Art. U, Sec. 1 : state, ex rel., v. Hildebrandt. 94 0. S. The referendum constitutes a part of the state constitution and laws. Accord- ingly, under the federal statute (C. 5, 37 Stats, at Large, p. 13, Sec. 4 U. S. Compiled Stats. (1913), Sec. 18; Act of August 8, 1911), which provides that the redistricting shall be made by each state "in the manner provided by the laws thereof," a statutory provision such as G. C. Sec. 4828-1 (106 v. 474) may be defeated by a referendum election under the provisions of Art. II, Sec. 1, et seq., of the constitution of Ohio, as amended September 3. 1912; and In such case the prior statute which fixes the districts for the election of members of the house of representatives of the congress of the United States remains In action : State, ex rel., v. Hildebrandt, 241 U. S. 565. Where evidence is offered tending to prove that many of the parts of a peti- tion, altogether purporting to be verified by aflQdavit. were not In fact sworn to, as required by the constitution, the state supervisor of elections may reject any or all sruch parts, although there is a conflict of evidence upon that question, unless his decision in that behalf is so manifestly and palpably against the weight of the evidence as to show fraud, corruption or an abuse of discretion oh his part : State, ex rel., r. Graves, 90 0. 8. SIL Sec. Id. Laws providing for tax levies, appropria- f^^^^^^^iiil"**" tions for the current expenses of the state government and referendum, state institutions, and emergency laws necessary for the immediate preservation of the public peace, health or safety, shall go into immediate effect. Such emergency laws upon a yea and nay vote must receive the vote of two-thirds of all the members elected to each branch of the general assembly, and the reasons for such necessity shall be set forth in one section of the law, which section shall be passed only upon a yea and nay vote, upon a separate roll call thereon. The laws mentioneci in this section shall not be subject to the referendum. (Adopted Sept. 3, 1912.) If two bills upon the same subject-matter are passed by the legislature at dif- ferent times, and if the governor affixes his signature first to the bill which was passed last, and then to the bill which was passed first, it is said that the bill which was passed last and which was signed by the governor first is in force and repeals the bill which was passed first and was signed by the governor last. In any event. If the statute does not provide for a tax levy or an appropriation, and Is not an emergency measure under the provisions of this section, as adopted Sep- tember 3, 1912, it takes effect according to the terms of Art. II, Sec. Ic, of the constitution of Ohio, as adopted September 3, 1912, ninety days after it has been filed with the secretary of state, without regard to the order In which the gover- nor signed the two bills : and if the act which was approved first was filed with the secretary of state a day after the other act, the act which was filed last with the secretary of state supersedes the prior statute : State v. Lathrop, 93 0. S. 79. Sec. le. The powers defined herein as the "initiative" and ** referendum" shall not be used to pass a law authoriz- ing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites I. and R. shall not be used to classify property or levy single tax. ao PROVISIONS OF THE CONSTITUTION OF OHIO. I. and R. powers reserred to municipalities. What petition or part petitions shall contain ; qualifications of signer. 8isnlnK petition; aflSdavit of solicitor. Petition and sienatures pre- sumed to be suf- fleient unless otherwise proved ; addi- tional signa- tures. at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property. (Adopted Sept. 3, 1912.) For a discussion of the scope and effect of the initiative and referendum pro- visions, see State, ex rel, v. Clendening, 93 0. S. 264 (cited and follows. State, ex rel. v. Rose, 93 0. S. 284). Sec. If. The initiative and referendum powers are hereby reserved to the people of each municipality on all questions which such municipalities may now or hereafter be authorized by law to control by legislative action; such powers shall be exercised in the manner now or hereafter provided by law. (Adopted Sept. 3, 1912.) The initiatlTe and referendum powers which are reserved to the people of each municipality are the powers which are limited by Art. II, Sec. Id, of the consti- tution of Ohio, so as not to apply to emergency laws: Shryock v. Zanesville. 92 0. S. 875. Sec. Ig. Any initiative, supplementary or referendum petition may be presented in separate parts but each part shall contain a full and correct copy of the title, and text of the law, section or item thereof sought to be yeferred, or the proposed law or proposed amendment to the consti- tution. Each signer of any initiative, supplementary or referendum petition must be an elector of the state and shall place on such petition after his name the date of signing and his place of residence. A signer residing out- side of a municipality shall state the township and county in which he resides. A resident of a municipality shall state in addition to the name of such municipality, the street and number, if any, of his residence and the ward and precinct in which the same is located. The names of all signers to such petitions shall be written in ink, each signer for himself. To each part of such petition shaU be attached the affidavit of the person soliciting the signatures to the same, which affidavit shall contain a statement of the number of the signers of such part of such petition and shall state that each of the signatures attached to such part was made in the presence of the affiant, that to the best of his knowledge and belief each signature on such part is the genuine signature of the person whose name it purports to be, that he believes the persons who have signed it to be electors, that they so signed said petition with knowledge of the contents thereof, that each signer signed the same on the date stated opposite his name; and no other affidavit thereto shall be required. The petition and signatures upon such petitions, so verified, shall be pre- sumed to be in all respects sufficient, unless not later than forty days before the election, it shall be otherwise proved and in such event ten additional days shall be allowed for the filing of additional signatures to such petition. No law or amendment to the constitution submitted to the elec- tors by initiative and supplementary petition and receiving an affirmative majority of the votes cast thereon, shall be held unconstitutional or void on account uf the insufficiency of the petitions by which said submission of the same was PROVISIONS OP THE CONSTITUTION OP OHIO. 31 procured; nor shall the rejection of any law submitted by referendum petition be held invalid for such insuflS- ciency. Upon all initiative, supplementary and referendum Not lew than petitions provided for in any of the sections of this article, designated Jer- it shall be necessary to file from each of one-half of the ?JJ^^e\cTof"* counties of the state, petitions bearing the signatures of one-haif of the not less than one-half of the designated percentage of the electors of such county. A true copy of all laws or pro- posed laws or proposed amendments to the constitution, together with an argument or explanation, or both, for, and also an argument or explanation, or both, against the same, shall be prepared. The person or persons who pre- printing and pare the argument or explanation, or both, against any copiea'of^pro-' law, section or item, submitted to the electors by referen- posed laws and dum petition, may be named in such petition and the per- gSher^with *°' sons who prepare the argument or explanation, or both, for tnd^aBrinst'toe any proposed law or proposed amendment to the constitu- wm©. tion may be named in the petition proposing the same. The person or persons who prepare the argument or explana- tion, or both, for the law, section or item, submitted to the electors by referendum petition, or against any proposed law submitted by supplementary petition, shall be named by the general assembly, if in session, and if not in session then by the governor. The secretary of state shall cause to be printed the law, or proposed law, or proposed amend- ment to the constitution, together with the arguments and explanations, not exceeding a total of three hundred words for each, and also the arguments and explanations, not ex- ceeding a total of three hundred words against each, and shall mail, or otherwise distribute, a copy of such law, or proposed law, or proposed amendment to the constitution, together with such arguments and explanations for and against the same to each of the electors of the state, as far as may be reasonably possible. Unless otherwise provided by law, the secretary of state shall cause to be placed upon the ballots, the title of any such law, or proposed law, or proposed amendment to the constitution, to be submitted. He shall also cause the ballots so to be printed as to permit Preparation and an aflSrmative or negative vote upon each law, section of bauot?.^ ^' law, or item in a law appropriating money, or proposed law or proposed amendment to the constitution. The style of all laws submitted by initiative and supplementary pe- tition shall be: "Be it Enacted by the People of the State of Ohio,'* and of all constitutional amendments: *'Be It Resolved by the People of the State of Ohio. ' ' The basis Basis upon ■,.',,■, r , , « .... . which number of upon which the required number of petitioners m any case petitioners shall be determined shall be the total number of votes cast to be held, and such proclamation shall also be inserted in a newspaper published in the county. (K. S. Sec. 2977.) Note : — The sheriff is not required to make proclamation of election for town- ship and municipal officers. Ally. Gen. 9-25-1907. Notice of the submission of any question to be voted upon should be embodied in the^proclamation. See Sec. 4840 G. C. Though the neglect of a Sheriff by proclamation, to give notice of an election may be competent evidence, in connection with other circumstances, to prove fraud, or conspiracy on the ground of which an election is contested, sucli neglect is not conclusive of the invalidity of an election. State ex rcl. Attorney General v. Taylor, 15 0. S. 137. A proceeding in mandamus to compel the Sheriff to give notice and mak» 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 counly. State V. Brown, 38 0. S. 344. As to the Sheriff's proclamation, see further Foster v. Scarff, 15 O. S. 532. The sheriff is not authorized to issue a proclamation for an election for the .submission of a proposed law or constitutional amendment, to a vote of the elec- tors of the state. The constitution and statutes i)rovide that notice of such elec- tion shall be given by mailing or delivering a copy of the proposed law or amend- ment to be submitted to each voter of the state: Atty. Gen. 1913, Vol. 1, pag' 367. Section 4828. Biennially, on the first Tuesday after Time of con- the first Monday in November in the even-numbered years, fi'ons!"''"^ ^'^*^' the electors of each congressional district shall vote for a representative in the congress of the United States for the term commencing on the fourth dav of j\larch next there- after. (R. S. Sec. 2979.) Note : — 'Section 4828-1 provides for the apportionment of congressional dis- tricts for Ohio under the thirteenth census of the United States (106 v. 474.) Section 4828-2. On the first Tuesday after the first Monday in November, 1914, and every sixth year there- after, and on the first Tuesday after the first Monday in November, 1916, and every sixth year thereafter, the elec- tors of the state shall vote for a member of the senate of the United States, each for the term commencing on the 4th day of March next succeeding his election. Notice of such elections shall be given by the proper sheriiTs of the several counties of the state at the same time and m the same man- ner as is provided for in section 4827 for the election of state officers. (104 v. 8.) Section 4828-3, When by death, resignation or other- wise, a vacancy occurs in the representation of this state in the senate of the United States, the same shall be filled forth- with by appointment by the governor who shall have power to appoint to fill such vacancy some suitable person having the necessary qualifications for senator, which appointee shall hold office until the fifteenth day of December next succeeding the next election of state officers which occurs more than one hundred and eighty days after such vacancy happens. At such next election of state officers a special election to fill such vacancy in the office of United States senator shall be held, which special election shall be gov- erned in all respects by the laws of this state controlling regular elections for such office. Candidates to be voted for at such special election shall be nominated in the same man- ner as is provided for the nomination of candidates at Election of United States senators by th« electors of the state. Notice of election. Vacancy in representation in the U. S. senate, how filled. Special election. 4G TIME AND NOTICE OP ELECTIONS. Chap. 2 Writ issued by covernnr direct- ing speci.Tl elec- tion to state supervisor of electiong. Copy to sheriffs. Vacancy In office of con- siressnian or member of gen- eral assembly. Fees of sheriff. regular elections. At least one hundred and eighty days prior to the date of such election of state officers the gov- ernor shall issue a writ, directing that a special election be held to fill such vacancy as herein provided. Such writ shall be directed to the state supervisor of elections and a coj)y thereof sent by mail to the sheriff of each county in the state who shall give notice of the time and place of holding such special election in the same manner and at the same time provided in section 4827 for giving similar notice for regular elections. (104 v. 8.) Section 4829. When a vacancy in the office of rep- resentative to congress or senator or representative to the general assembly occurs, the governor, upon satisfactory information thereof, shall issue a writ of election, directing that a special election be held to fill such vacancy in the territory entitled to fill it on a day specified in the writ. Such writ shall be directed to the sheriff or sheriffs, within such territory who shall give notice of the time and places of holding such election 'as in other cases. Such election shall be held and conducted and returns thereof made as in case of a "regular election. (R. S. Sec. 2988.) Section 4880. For services performed under this title the sheriff shall receive the following fees : Prom the county treasury to be credited to his fee fund: For advertising the election, twenty-five cents for each election precinct but not less than fifty cents for each township in the county. Mileage at the rate of eight cent.s a mile for the distance actually traveled. (102 v. 287.) ELECTION IN ODD NUMBERED YEaRH. Township officers SECTION 48-'{l. Townsliip officcrs and justices of the the^ ieace.^^ ^^ pcacc shall be chosen by the electors of each township on the first Tuesday after the first IMonday in November in the odd numbered years. (R. S. Sec. 1442.) Note : — The electors of an incorporated village located within a township, are entitled to participate In the election of township officers, and such officers may or may not be residents of the municipality. Atty. Gen. 12-30, 1909. See also Halsey et al. v. Ward. 17 S. 543. .Vol ice of town- ship election. Section 4832. At least twenty day. before the reg- ular election for township officers, the township trustees shall issue their warrant to a constable of the township, directing him to notify the electors of the township to assemble at the time and place appointed for the regular election. The warrant shall enumerate the officers to be chosen at the election. On application of two or more freeholders of the township for that purpose, the trustees shall insert in the warrant such other question, if any, as may be proposed to be submitted at such election. (R. S. Sec. M45.) NoTK : — An election will not be declared void because the notice required by statute was not given for the full length of time specified, when it appearsr that the great body of electors had actual notice of and participated in the election. Ilarpster v. Brower, et al.. 5 C. C. 395. See Sec. 4840 G. C. Ghap. 2 TIME AND NOTICE OF ELECTIONS. 47 Section 4833. The constable who receives such war- rant shall notify the electors of the township by posting copies of the warrant in at least three public places in the township at least ten days before the meeting of the elec- tors. If the office of one or more of the trustees is vacant, the township clerk, together with the trustee or trustees in office, shall issue such warrant. (R. S, Sec. 1446.) Section 4834. In townships which have been divided, the trustees shall give fifteen days notice of the time and place of holding elections in the precincts of such townships oy posting written or printed notices in such number of places as to them seem proper for the general information of the electors of the several precincts. (R. S. Sec. 1392.) Section 4835. The judges of the superior court of Cincinnati shall be elected by the electors of the city of Cincinnati on the first Tuesday after the first IMonday of November of each odd-numbered year preceding that in which the term of any such judge expires. (R. S. Sec. 483.) Section 4836. All elective municipal officers and judges and clerks of police courts and assessors in munici- palities shall be chosen on the first Tuesday after the first Monday in November in the odd-numbered years. (98 V. 172 § 222.) Section 4837. Previous to any election for municipal officers, the mayor shall issue a proclamation to the electors of the corporation or of the respective wards or districts thereof, as the case may require, setting forth the time and places of election and the officers to be chosen, and cause such proclamation to be published in a newspaper printed in the corporation at least ten days previous to the election. If no such newspaper is published in the corporation, such notice may be given by posters. (R. S. Sec. 1726.) How notice served. Notice of elec- tions in pre- cincts. Judges of superior court of Cincinnati. Election of municipal offlcers. Mayor shall issue proclama- tion of election. Note :— See Sec. 4840 G. C Notice of school elections. Section 4838. All elections for members of boards Election of of education shall be held on the first Tuesday after the EdTf eL-^^ first Monday in November in the odd-numbered years. (37 ^''"^tion. V. 40 § 2.) Section 4839. The clerk of each board of education shall publish a notice of all school elections in a newspaper of general circulation in the district or post written or printed notices thereof in five public places in the district at least ten days before the holding of such election. Such notices shall specify the time and place of the election, the number of members of the board of education to be elected, and the term for which th oy are to be elected, or the nature of the question to be voted upon. (97 v. 354 § 2.) provisions applicable each year. Section 4840. Unless a statute providing for the sub- ^"J^f/^ihe^n mission of a question to the voters of a county, township, special election city or village provides for the calling of a special election ""* '''''^^^'^ '°'" 4J TIME AND NOTICE OF ELECTIONS. Chap. 2 for that puri^ose, no special election shall be so called. The question so to be voted upon shall be submitted at a regular election in such county, township, city or village, and notice that such question is to be voted upon shall be embodied in the proclamation for such election. (90 v. 130 § 2.) The sheriff is not authorized to issue a proclamation for an election for the submission of a proposed law or constitutional amendment, to a vote of the elec- tors of the state. The constitution and statutes provide that notice of such elec- tion shall be given by mailing or delivering a copy of the proposed law or amend- ment to be submitted to each voter of the state : Atty. Gen. 1913, Vol. I, page 367. Note : — Where a question is submitted to the voters of a township or other subdivision, such as the question of the issue of a tax levy, such question should be printed upon a separate ballot and deposited in a separate ballot box presided over by the regular judges and cletks of election. See Sec. 5020 G. C. Where an act providing for the submission of the question of issuing bonds for a county soldiers' and sailors' memorial to a vote of the electors of the county, makes no provision for a special election and no provision as to the manner of submitting such question, but merely directs that it be submitted to the "popular vote at the next regular county election," the submission of such question at the next general state and county election is not a separate election, but is the submission of a question at the general election as provided by Sees. 2996-2 and 2966-32 Rev. Stat., and the deputy state supervisors of elections are not entitled to any additional compensation for so submitting such question. State ex rel. v. Jones, 14 O. D. 109. A special election may be held upon the date of a primary election and by the same judges and clerks. Atty. Gen. 4-25-10. Proclamation as to sale of liquors on elec- tion d*7. Section 4841. Three days previous to and on the day of any election, the mayor shall issue a proclamation to the public setting forth therein the substance of the enactment to prohibit the sale of intoxicating liquors upon that day, and he shall take proper measures for the en- forcement of such enactments. (R. S. Sec. 1838.) Note : — On any day on which an election is held under the general election laws saloons must be closed within the district or political divisions for which such election is held. Atty. Gen. 12-7-1908. The mayor should publish his proclamation respecting the closing of saloons on the day of holding the primary election. Atty. Gen. 8-31-1909. CHAPTER 3. KLECTION PRECINCTS. Skotion 4842. 4843. 4844. 4845. 4846. 4847. 4848. 4849. 4849-1. 4849-2. 4849-3. . 4849-4. Township precincts. Municipal precincts. Where elections for precincts held. I'recincts with four hundred votes or more may be divided. When township precinct with less num- ber of votes may be divided. Precincts may be rearranged or com- bined. Exceptions. Hearing in case of division or change of precincts. State or national home a separate elec- tion precinct. Subdividing and rearranging precincts. Fixing places for holding elections and furnishing equipment. How expenses shall be paid. Section 4849-5. Laws governing elections. 4850. What preceding section shall not affect. 4851. Precincts In registration cities. 4852. Ballot boxes and custody thereof. PRECINCT OFFICERS. 4853. Appointment of judges and clerks; Pre- siding judge. 4854. Terms of judges and clerks; vacancies. 4855. Oath of judges and clerks. 4856. What officers may administer oaths to judges and clerks. 4857. Appointments for unexpired terms. 4858. Judges and clerks may be removed. 4859. General duties of judges and clerks. 4860. Compensation. Section 4842. Each township, exclusive of the terri- tory embraced within the limits of a municipal corporation, shall compose an election precinct, unless such township is divided according to law into precincts. (R. S. Sec. 2923.) Section 4843. Each municipal corporation, contain- ing fifty or more voters, shall compose an election precinct, unless such corporation is divided according to law into precincts. If a municipal corporation is situated in two or more townships or counties, the territory of such corpora- tion situated in each township or county, together with such territory as may be attached thereto for voting pur- poses, shall constitute at least one election precinct, if there are fifty or more voters therein. Territory annexed to a village for school purposes may be included within a village precinct, if the deputy state supervisors are of the opinion it is practicable and most convenient to the voters. Each ward of a city shall compose one election precinct, unless it is divided according to law into precincts. (R. S. Sec. 2923, 2966-15.) Section 4844. Elections shall be held for each 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 the precinct. Elections shall be held for each municipal or ward precinct at such place as the council of the corporation shall designate. In registration cities, the deputy state supervisors shall designate the places of holding elections in each precinct. (R. S. Sec. 2923.) Section 4845. When four hundred votes or more have been cast at the last preceding November election in a mu- nicipality where registration is not required or in any ward or precinct thereof, and when such number of votes have been cast at such election in a towTiship or precinct thereof, suoh municipality, township, ward or precinct may, or when (49) Township precincts. Municipal precincts. Where election.«i for precincts held. Precincts with four hundred votes or more may be divided. 50 ELECTION PRECINCTS. Chap. 3 When township precinct with less number of votes may be divided. Precincts may be re -arranged or combined. Exceptions. Hearing in case of division or change of pre- cincts. State or national home a separate election precinct. Subdividing and rearranging precincts. Hauling ijunates to polls not cor- rupt practice. a majority of the voters petition tHerefor shall, be divided by the deputy state supervisors, as hereinafter provided, into two or more election precincts, so as to limit the num- ber of voters in each ward or precinct to two hundred, as nearly as may be practicable. (R. S. Sec. 2966-15.) Section 4846. A township wherein less than four hundred votes were cast at the last preceding November election may be divided into two election precincts, as here- inafter provided, if a majority of the voters therein petition therefor and the deputy state supervisors are of the opinion that such division is necessary. (R. S. Sec. 2966-15.) Section 4847. From time to time any or all of such precincts may be re-arranged, subdivided or combined as often as may be deemed necessary or the convenience of electors and the prompt and correct conduct of elections may require. (R. S. Sec. 2966-15.) Section 4848. No precinct so created shall contain less than one hundred and fifty voters, except a township precinct may contain seventy-five voters, and a municipality, or the part thereof in each township, containing fifty or more voters shall compose at least one voting precinct, as hereinbefore provided. (R. S. Sec. 2966-15.) Section 4849. At least thirty days previous to any election, the deputy state supervisors shall give ten days' notice by publication in two papers of opposite politics pub- lished in the county that the question whether the township, ward, or precinct shall be divided, changed or combined will be considered on a day named in the notice. On such day or some subsequent day to which the matter may be adjourned, the question of dividing, changing or combining such precinct shall be heard. If there are no remonstrances against such division, change or combination, the deputy state supervisor shall declare in favor thereof and desig- nate the precincts so established. If twelve electors of such precinct remonstrate against such division, change or com- bination, the matter shall be heard and determined, and such order made for or against such division, change or combination, as is deemed proper. (R. S. Sec. 2966-15.) Section 4849-1. That in any township or townships wherein is located, or may hereafter be located, a state or a national home for disabled volunteer soldiers, the lands owned and used for said institution shall be and constitute a separate election precinct. (106 v. 450.) Section 4849-2. The deputy state supervisors or the deputy state supervisors and inspectors of elections, as the case may be, of the county wherein said institution is, or may be, located, may subdivide said precinct, or re-arrange or combine the sub-division of said precinct, as often as may be deemed necessary for the convenience of electors and the prompt and correct conduct of elections may require, in the manner provided by law for other township precincts. The provisions of section 5175-26, of the General Code, as amended April 16, 1913 (0. L. 104), insofar as they relate Chap. 3 ELECTION PRECINCTS. ' 51 to the hauling of persons to the polls, shri'l not apply to inmates of soldiers' homes. (106 v. 450.) Section 4849-3. The said deputy state supervisors or KixiuK places for supervisors and inspectors, as the case may le, shall fix the aSlffu^rifSg"'' places of holding all elections in said prei nets, provided equipment, lliat the polling places shall be located outside the grounds of said institution, and within one hundred feet thereof; shall appoint ju(i».',cv^ Mud clerks of election, provide and preserve suitable Looths, ballot boxes, and equipment in the manner they are authorized to do in registration cities; and do and perform the duties required by law of township trustees insofar as the holding of elections in said precincts is concerned. (106 v. 450.) Section 4859-4. The expenses 'M all elections held in How expenses said precincts, including election officcis, booths, ballot- ^ ^ « p* • boxes, equipment and supplies, shall be pa^ci by the county commissioners, as other county election expenses are paid; and said expenses shall not be a charge ipon the township as provided in sections 4991 and 5053 of the General Code. Section 4849-5. Except as herein provided the elec- Laws govem- tions in said precincts shall be governed by the same laws '"^ elections, as relate to elections in townships. (106 v. 450.) Section 4850. Nothing in the preceding sections shall what preceding affect the powers or duties of boards of deputy state super- affect" visors in reference to the division of election precincts with- in registration cities. The division of any election precinct into two or more subdivisions, as hereinbefore provided, shall not require the election of an assessor in each such subdivision, but in all such election precinct subdivisions there shall be elected one assessor for each original precinct unless such supervisors at the time of the division shall order that an assessor be elected in each precinct. (R. S. Sec. 2966-15.) Section 4851. In aities in which registration is re- ^trat?oi^ciu"'" quired by law, when five hundred votes or more have been cast at the last preceding election in any ward or in any precinct in any ward, such ward or electioji. precinct shall be divided by the board of deputy state supervisors of the county into two or more election precincts so as to limit the nuinher of votes in each ward or precinct to two hun- dred fifty as nearly as may be practicable. From time to time thereafter, such board shall re-arrange, subdivide or combine precincts as often as it may deem such action neces- sary to secure the convenience of electors and the prompt and correct conduct of elections. But no precinct so created shall contain less than two hundred voters (R. S. Sec. 2926.) Section 4852. The deputy state sup<»rvisors of each Baiiot boxes and county shall cause to be provided at fhe expense of the ^"^^^^^ *h«^«^' county a ballot box for each election precinct therein, and cause it to be deposited w-ith the proper township or village clerk or cit} auditor. Each such officer shall cause a ballot box Avith a copy of this title to be delivered at eanh place of holding elections in his township or corporatio\ i^ ;)rton 52 ELECTION PRECINCTS. Chap. 3 as elections are held therein. After such election, such ballot box shall be forthwith returned to him by the judges of election for safekeeping. In registration cities, the care of the ballot boxes to be used at any election shall devolve upon the board of deputy state supervisors. (H. 8. Sec. 2928.) PRECINCT OP^FICERS. Appointment of SECTION 4858. At least ten days before any general rieSre ; *presidine election, the deputy state supervisors of each county shall ^^^^^- appoint for each precinct in which the voters are not reg- istered four judges and two clerks of elections, residents of the precinct, who shall constitute the election officers of such precinct. The deputy state supervisors shall desig- nate one judge in each precinct to act as presiding judge, who shall be selected from the dominant party in the pre- cinct, as deteririined by the next preceding November elec- tion. (97 V. 222 § 6.) "DOMINANT PARTY"— DEFINED. Note : — Hon. Carmi A. Thompson, Secretary of State, Columhus, Ohio. Deau Sir : — I beg to acknowledge receipt of your letter of September 16tli, in which you request my opinion upon a question presented by Mr. Harry M. Loth, member of the board of state supervisors of elections for Auglaize county. Mr. Loth's question is as follows : "What is the meaning of the phrase 'dominant party,' as employed in section 2966-6, Revised Statutes, in describing the qualifications of the presiding judge in each precinct, and how is such definition to be applied in making appointments for the election in November, 1909, the last general election having been a presidential one?" Section 2966-6, Revised Statutes, is section 6 of the supervisory election law lo-called, 97 0. L. 218. The pertinent provision thereof is as follows: "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." This section is in pari materia with section 2966-3, being section 3 of the same act, which provides for the appointment of the deputy state supervisors of elections. Among other provisions therein are the following : 4 "One member (of the board of deputy state supervisors of elections) so appointed * * * 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 * * *." "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." The phrase "dominant party" being nowhere specifically defined, it is my opinion that it should be construed in the light, of the claus:es last above quoted, and that in ascertaining such "dominant party" in a given precinct for the elec- tion in November, 1909, the deputy state supervisors should be guided by the vote cast for governor in 1908. That cast for secretary of state may be disregarded, as the law was evidently framed to fit conditions as they were when there were annual elections for state officers, and the candidates for governor and secre- itary of state appeared alternately at the head of each ticket. Yours very truly, U. G. Dbnman. Attorney Oeneral. That part of section 2966-6 Revised Statutes, above referred to was enacted Into section 4853 of the General Code, and that part of section 2966-3 of the same act was enacted into section 4804 of the General Code. Following the above opinion of U. G. Denman, Attorney General, the ruling of the State Supervisor of Elections is that in jrscertaining the dominant party in a given precinct for the election in November, 1911, the deputy state supervisors should be guided by the vote cast for Governor in 1910. Judges and clerks of elections should be selected from "political 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. Chap. 3 ELECTION PRECINCTS. 53 A member of a board of deputy state supervisors is not eligible to serve as a judge or clerk of elections or registrars of a precinct within the jurisdiction of such board. There must be four judges and two clerks of elections in each township pre- cinct, who must be divided numerically among the political parties, but If a sufficient number do not reside in the precinct they may be selected from other precincts. Atty. Gen. 10-20-1908. This section does not authorize the employment of more than two clerks of election in each voting booth. Atty. Gen. 10-25-1909. In the absence of statutory direction as to the manner of notice, the custom of mailing to each judge and clerk his certificate of appointment should govern. It is doubtful whether the deputy supervisors may incur unusual expense for this purpose. Atty. Gen. 1-21-1910. Section 4854. The terms of the judges and clerks JJ^^Jj^/JV'^'^" shall terminate at the end of one year from the date of vacancies. ' their appointment, at which time their successors shall be ;ip|)ointed to similar terms of office as herein provided. Not more than two judges and not more than one clerk shall l)elong to the same political party. If a judge or clerk in a precinct fails to appear on the morning of election, the electors present shall viva voce choose a suitable person, having the qualifications of an elector, to fill the vacancy, who shall be from the political party to which the absent judge or clerk belongs. (97 v. 222 § 6.) Note : — The terms of judges and clerks cannot extend beyond, nor can such officers hold over beyond a year from their appointment. Section 4855. The judges and clerks of election shall 3^;'^''^°/^^^"''^''* each take and subscribe to the following oath, which, upon re(piest of the person appointed, shall be administered with- out compensation by a person authorized to administer oaths and which shall be filed with the clerk of the board of deputy state supervisors: State of Ohio, county, ss. I do solemnly swear that I will support the constitution of the United States and of the state of Ohio, and to the best of my ability discharge the duties of judge clerk of the elec- tion in and for precinct town- ship, county, at the next ensuing elec- tion, and I further swear that if, in the discharge of my official duties, I gain knowledge as to how any elector voted at such election, I will not disclose it. Signed Sworn to and subscribed before me this •lay of , in the year. . . . (91 v. 120 § 7.) (Title of officer.) Section 4856. The judges and clerks of elections may what officers he sworn by the clerk of the board or a member thereof, and ""onxlATrnfel the presiding judge may administer the oath to the other ^^^ c\eT\(s. election officers of his ward, township or precinct. (97 v. 222 § 6.) Section 4857. When new precincts have been created Appointments or vacancies exist, the deputy state supervisors, at least ten {Jmi""''"^*^ 54 ELECTION PRECINCTS. Chap. 3 Judges and clerks may be removed. General duties of Judges and clerks. Compensation of Judges and clerks. days before any regular election, shall appoint judges and clerks of elections for such precinct, who shall serve for the unexpired terms. (97 v. 222 § 6.) Section 4858. The judges and clerks of election ap- pointed as provided in this chapter may be summarily re- moved from office at any time by the board of deputy state supervisors for neglect of duty, malfeasance or misconduct therein, and in all cases the last appointment to either of such offices for a precinct shall be recognized as valid. AVhen any such officers have been removed and new ap- pointments made, the board of deputy state supervisors shall immediately send notice thereof to the board of pre- cinct officers. (97 v. 222 § 6.) kSection 4859. The judges and clerks of elections, pro- vided for herein, shall serve as such in all elections held under the provisions of this title. They shall perform all the duties and be subject to all the penalties imposed by law upon judges and clerks of elections. (97 v. 223 § 8.) Section 4860. Such judges and clerks shall each re- ceive as compensation for their services the sum of five dol- lars, which services shall be the receiving, recording, can- vassing and making returns of all the votes that may be deliv^ed to them in the voting precinct in v/hich they pre- side on each election day. In cities where registration is required, the compensation of judges and clerks shall be as otherwise provided by law. (107 0. L. 690.) Note : — Compensation of judges and clerks of elections need not be allowed for by county commissioners. Atty. Gen. 8-19-1907. CHAPTER 4. QUALIFICATIONS OF ELECTORS. Section 4861. Qualifications of electors. When women may vote. Residence in state, county, township and municipality. Exception as to head of a family. Residence required to vote at municipal elections. 4862. 4863. 4864. 4865. Section 4866. Rules 4867. 4868. 4869. to govern judges In determining resridence. Where inmates of soldiers' home may vote. Residence of Inmates of city Infirmaries. Municipal lodging house. Qualifications of elector. Offices for which women entitled to vote and be voted for. Section 4861. Every male citizen of the United States, who is of the age of twenty-one years or over, and pos- sesses the qualifications in regard to residence hereinafter provided, shall be entitled to vote at all elections. (Con. Art. V. § 1.) Section 4862. Every woman, bom in the United States or w^ho is the wife or daughter of a citizen of the United States, who is over twenty-one years of age and possess the necessary qualifications in regard to residence hereinafter provided for men shall be entitled to vote and be voted for for member of the board of education and presi- dential elector and to vote and be voted for at any and all primaries or other elections provided for in sections 4953, 4954 and 4955 of the General Code and upon no other question. Section 4863. No person shall be permitted to vote at Residence in any election unless he shall have been a resident of the state ?S^*Skhfp"a'nd' for one year, resident of the county for thirty days, and, municipality, except as provided in the next section, resident of the town- ship, village or ward of a city or village for twenty days next preceding the election at which he offers to vote. (R. S. Sec. 2945.) The residence of a person is the place in which he has fixed his habitation without any present Intention of removing therefrom, and to which whenever he Is absent he has the Intention of returning: State, ex rel., v. Hathaway, 22 0. C. C. (N. S.) 314. Section 4864. A person who is the head of a family Exception as to and has resided in the state and in the county in which '''*^ °^ ^ '*'""''• such township, village or ward of a city or village is situated the length of time required by the preceding section, and who bona fide removes with his family from a ward to an- 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, shall have the right to vote in such township, village or Avard of a city or village without having resided therein the length of time so prescribed by such section. (R. S. Sec. 2945.) Note : — Where territory is transferred from one township to another by an unconstitutional statute, electors, in such territory are not thereby made legal voters of the township to which It is sought to attach the territory. State, ex rel. Bambach v. Markley. 9 O. C. C. (N. S.) 562. (55) 5« QUALIFICATIONS OF ELECTORS. Chap 4 R«sldeiic0 r«- aulred to Tots at municipal electloHg. Rules to g»T«ni judges In de- termining rert- dence. Section 4865. 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 moinicipal election held in such city or village, unless he shall have resided therein twenty days prior to such mu- nicipal election. (R. S. Sec. 2945.) Section 4866. All judges of election, in determining the residence of a person offering to vote, shall be governed by the following rules, so far as they may be applicable : 1. That place shall be considered the residence of a person in which his habitation is fixed, and to which, when- ever he is absent, he has the intention of returning. 2. A person shall not be considered to have lost his residence who leaves his home, and goes into another state, or county of this state, for temporary purposes merely, with 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 intention of making such county his home. 4. The place where the family of a married man re- sides shall be considered and held to be his place of resi- dence, except where the husband and wife have separated 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 afterward, and during the time of such separation, remove from such place, in which case the county, township, city or village in which he re- sides the length of time required by the provisions of this chapter to entitle a person to vote, shall be considered and held to be his place of residence. 5. If a person remove to another state with an inten- tion to make it his 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 inten- tion 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. If a person remove to the District of Columbia or other federal territory to engage in the government service, he shall not be considered to have lost his residence in any county during the period of such service, and the place where such person resided at the time of his removal shall be considered and held to be his place of residence. 8. The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention. 0. 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. 10. All questions of the right to vote shall be heard and determined by the judges of election. Note : — The question of qualification of a voter must be decided bv the ehap. 4 QUALIFICATIONS OP ELECTORS. 67 judges of eleetiou, at the time he presents himself to rote, and their decision must be governed by the Instructions prepared and furnished by the Secretary of State under Sec. 5047. A resident of the District of Columbia or other federal territory, while engaged in the government service, may elect a place of residence for voting pur- poses 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. Note : — 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 0. S. 307. Section 4867. Disabled soldiers who are inmates of a national asylum for disabled volunteer soldiers who are cit- izens of the United States and have resided in this state one year next preceding the election and are otherwise (lualified as to age and residence within the county and township shall have their lawful residence in the county and township in which such asylum is located. (R. S. Sec. 2947.) Section 486S. The legal residence of a qualified elec- tor who may be an inmate of an infirmary owned or main- tained by a city shall be the ward or precinct of such city where such inmate was so domiciled or resident at the time of his admission to such infirmary and shall so continue during the time he may be an inmate thereof. (87 v. 316 §1.) Section 4869. A municipal lodging house shall not constitute the legal residence of any person so as to qualify him as an elector in such municipality. (100 v. 53 § 7 v.) Where inmates of soldiers' home may vote. Residence of in- mates of dty infirmaries. Municipal lods- ins house not a residsnoe. CHAPTER 5. REGISTRATION OF ELECTORS. Suction 4870. Registration in cities having a popula- tion of eleven thousand eight hun- dred or more. 4871. Annual general registration cities. 4872. Quadrennial general registration cities. 4873. Office of board of deputy state super- visors. 4874. General powers and duties of the board. 4875. Rules and regulations. 4876. Duties of the clerk. 4877. Deputy clerk and assistants. 4878. Election precincts. 4879. Appointments of registrars, judges and clerks. 4880. Equal representation of political parties. 4881. Appearance for examination. 4882. Qualification and oath of registrars, Judges and clerks. 4883. Vacancies and removals. 4884. Substituted judges and clerks. 4885. Notice of appointment of substitutes. 4886. Certificate of appointment as registrar, judge or clerk. 4887. Powers and duties of registrars, judges and peace officers. 4888. Duty of city police. 4889. Loitering near polls and hindering elec- tors. 4890. Judges may secure assistance. 4891. Duplicate list and registers of electors. 4892. Form of register of electors. 4893. Duties of registrars. 4894. Registration days specified. 4895. When clerk may act as registering officer. 4896. Affidavit in case of unavoidable absence. 4897. Affidavit of elector in foreign country. 4898. Entry of "challenged" in case of affi- davit. 4899. Close of registration by clerk. 4900. Registration of new electors in quad- rennial registration cities. 4901. Duties of registrars. 4902. Board of registration of naturalized voters. 4903. Hours for registration specified. 4904. Oath to challenged elector. 4905. Questions to be answered by applicant. 4906. How entries shall be made. 4907. When certificate of naturalization may not be required. 4908. Signatures of applicant. 4909. Duplicate register. 4910. Where registers shall be deposited. 4911. Voters required to register. 4912. Registration of disabled persons. 4913. Certificate in case of removal. 4914. Certificate in case of mistake. 4915. Registration on certificate. 4916. Annual registration list. Section 4917. Lists shall be printed and posted at poll- ing place; copies of complete registra- tion. 4918. Duplicate registration lists for use at polls. 4919. Meeting for granting or receiving cer- tificates. 4920. Registration by order of deputy state supervisors. 4921.' Meeting on evening prior to election. 4922. Witness and challenger may be admitted to polling place. 4923. Inspection of ballot boxes. 4924. Challenge of person named in register. 4925. Opening and closing of polls. 4926. Duties of registrars acting as judges. 4927. Location of ballot box and checking of lists. 4928. Distribution of ballots by election officers unlawful. 4929. Challenges by electors, 4930. Powers and duties of judges. 4931. Certificate and proclamation of total vote 4932. Count of vote; excess of ballots de- stroyed. 4933. Summary statement of votes cast. 4934. Signing of tally sheets. 4935. Session of board on election day. 4936. Certificate in case of involuntary mistake in registering. 4937. Disposition of poll books and tally sheets. 4938. Return of registers and completion of work. 4939. Discrepancy between returns to clerk and those received by board. Registration of women. 4940. SPECIAL ELECTIONS. 4941. Special elections. REGISTRATION EXPENSES. 4942. Compensation of deputy state supervisors and clerks in cities. 4943. Maximum compensation of deputy state supervisors and clerk,sr. 4944. Compensation of judges and clerks. 494.5. Expenses other than registration must be paid by county. 4946. Registration expenses ; how paid. REGISTRATION UPON ACTION OP COUNCIL. 4947. Council of other cities and villages may provide for registration. Registration in cities having a population of eleven thousand eight hundred or more. Section 4870. . In cities w^hich at the last preceding federal census had, or which at any subsequent federal cen- sus may have, a population of eleven thousand eight hun- dred or more, there shall be a general registration of elec- tors in the several wards or precincts thereof in the man- ner, at the times and on the days hereinafter provided. No person shall have acquired a legal residence in a ward or election precinct in any such city for the purpose of vot- ing therein at any general or special election, nor shall he (SS) Chap. 5 REGISTRATION OP BLBCTOBS. 59 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 required by the provisions of this chapter. (R. S. Sec. 2926a.) Note :— See Daegett v. Hudson, 43 O. S. 548. An elector who reBistera 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 resl- flence falls. Columbus V City Board of Elections, 13 0. D. 452. Section 4871. In citius which now or hereafter may liave a population of one hundred thousand or more when ascertained in the manner provided in the preceding section, there shall be an annual general registration of all the elec- tors therein in the several wards and precincts thereof on the days and in the manner hereinafter provided, (R. S. Sec. 2926h.) Section 4872. In cities which now cr hereafter may have a population of eleven thousand eight hundred and less than one hundred thousand, when so ascertained, a general registration of all the electors therein shall only be had quadrennially at each and every presidential election, at the time and upon the days hereinafter specified. At all other state or public elections those electors only of such cities shall be required to register as may be new electors or who have moved into any precinct of such city since such general registration. (R. S. Sec. 2926h.) Section 4873. In counties containing a registration city, the board of deputy state supervisors shall have a suf- ficient and suitable office and rooms in such city for the purposes required by this chapter, which shall be in charge of the clerk thereof. In cities in which annual general reg- istration is required, such office shall be kept open daily, except Sundays and legal holidays and in quadrennial gen- eral registration cities such office shall be kept open at such times as the board may require. (R. S. Sec. 2926b.) Annual general registration cities. Quadrennial general regis- tration cities. Office of board of deputy state supervisors. Note : — In a registration city, llie deputy state supervisors must designate the polling places within such registration city. See section 4844. Section 4874. The board of deputy state supervisors General powers shall appoint all registrars of electors, judges and clerks of the board.* election, and other clerks, officers, and agents herein pro- vided for, and designate the ward and precinct in which each shall serve. It shall appoint the places of registration of electors and holding elections in each ward or precinct, provide suitable booths or hire suitable rooms for such pur- pose, and for its office, at such rents as it deems just, and provide the necessary and proper furniture and supplies for such rooms. It shall provide for the purchase, preservation and repair of booths and ballot boxes necessary for use at elections in such city, of books, blanks and forms necessary for the registrations and elections herein designated and for duly issuing all notices, advertisements or publications re- quired by law. (R. S. Sec. 2926e.) 60 REGISTRATION OP ELECTOBS. Gh&p. 5 Rules aad regulations. Duties of th0 clerk. Employm«il iff deputy dark and assistants; com- pensation. Election precincts. Appointment of registrars, judges and clerks. Section 4875. From time to time the board of deputy state supervisors may make and issue such rules, regu- lations, and instructions not inconsistent with law as it deems necessary for governing and guiding the clerk, his deputies and assistants and the registrars of electors, judges and clerks of elections or other persons under the control of the board in the proper discharge of their respective offices and duties. No order, resolution or action of the board shall be valid without the vote of three of the four members. (R. S. Sec. 2926c.) Section 4876. Subject to the control of the board, the clerk shall keep a full and true record of the proceedings of the board, file and preserve in its office all orders, rules and regulations pertaining to the administration of registra- tion and elections, prepare and furnish, under the orders of the board, the registers, lists, books, maps, forms, oaths, certificates, instructions and blanks, for the use and guid- ance of registrars, judges and clerks of elections and the board of canvassers ; provide for timely furnishing of such officers therewith, and with the necessary supplies provided for them ; to receive and keep close custody of the registers and copies returned to such office, as herein provided, of records, papers and certificates of every kind, relating to the office or administration of the board. He shall have the care of the ballot boxes while deposited at the office of the board, and perform such other or further duties per- taining to such office and affairs as are prescribed by the board. (R. S. Sec. 2926b.) Section 4877. When necessary, the board may employ a deputy clerk ; also one or more assistant clerks at a salary of not to exceed the rate of one hundred dollars and in all counties having cities where registration is required, not exceeding one hundred and fifty dollars per month each and prescribe their duties. The period for which they are so employed must always be fixed in the order authorizing their employment, but they may be discharged sooner at the pleasure of the board. Such deputy clerk and assistants shall take the same oath for the faithful performance of their duties as required of the clerk of the board. The com- pensation of the deputy clerk and his assistant clerks shall be equally divided between the city and county. (107 0. L. 690.) Section 4878. The board of deputy state supervisors shall divide, define and proclaim the election precincts of such city and fix the boundaries thereof in the manner pro- vided by law, and provide for furnishing to each registrar of electors and judges of elections a map and pertinent de- scription of such divisions and boundaries and of changes which, from time to time, are made by them. (R. S. Sec. 2926c.) Section 4879. On or before the first day of September each year, the board of deputy state supervisors shall ap- point for each election precinct in such city two electors of the city to act as registrars of the electors and also as judges Chap. 5 REGISTRATION OF ELECTORS. ai of election in such precinct. On or before the first day of October each year, the board shall appoint two additional judges of elections and two clerks of elections for each pre- cinct of such city. (R. S. Sec. 2926c.) Note : — This section does not authorize the employment of mor« than two clsrks of election in each votine booth. Atty. Gen. 10-25-1909. Section 4880. Neither the two registrars of a precinct Equal represen- nor the two clerks of elections thereof shall be of the same {fcii" p°artilw"* political party, nor shall more than two of the four judges of elections for any precinct be of the same political party. Appointments of such officers for each precinct shall be made so as in good faith to secure equal representation of political parties if practicable. (R. S. Sec. 2926e.) Section 4881. Each person selected by the board of Appearanc* for deputy state supervisors for any of such appointments shall "a^n^nation. appear before the board at its office after twenty-four hours ' notice, either served personally or left at his usual place of residence, for examination as to his qualifications for being appointed. (R. S. Sec. 2926e.) Section 4882. Each such registrar, judge and clerk Quaiiflcations of elections shall hold his appointment for one year, unless fslrarj^^ud/elf sooner removed by the board, and must be an elector of •''"<* clerks, such city, able to read and speak the English language understandingly and write it readily and fairly, and shall take an oath of office as follows : State of Ohio, county, ss. I do solemnly swear that I will support the constitution of the United States and 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 Sworn to and subscribed before me this day of , in the year .... (Title of officer.) Such oath may be administered by the clerk or any member of the board, and shall be filed in the office of the board. (R. S. Sec. 2926e.) Section 4883. A vacancy in the office of registrar or vacancies and of judge or clerk of elections shall be filled by the board remoyais. of deputy state supervisors. Any of such officers may be summarily removed from office by the board at any time for neglect of duty, malfeasance or misconduct therein. In all cases the last appointment to either of such offices for any precinct shall be recognized as valid. 'Immediately upon such removal and the filling of such vacancy, a brief note of the proceedings shall be entered in the poll books and subscribed by the judges so acting, which entry shall specially state the cause of such removal. (R. S. See. 2926e.)' Section 4884. If a judge of elections fails to attend substituted at the opening of the polls on tlie day of election for any ^^erkl ""*^ 62 REGISTRATION OF ELECTORS. Chap. § Notice of ap- pointment of substitute. Certificate of appointment as registrar, judge or clerk. Powers and duties of regis- trars, judges and peace officers. cause, or, by the decision of the other three judges, becomes disabled or unfit to act in receiving and enumerating the ballots and certifying the result of the election, the other judge of the same political party shall at once appoint an- other competent elector of such city to act in his place, and shall administer to him the oath of office herein pre- scribed. If a clerk of elections fails to attend at the opening of the polls on the day of election, or, during the election, by any cause becomes disabled or unfit to act in entering, enumerating or certifying the ballots, the judges of the election, or a majority of them, may summarily remove him, and the two judges of the same political party as such clerk shall forthwith appoint another competent elector of such city to act in his place, and shall administer to him the oath of office herein prescribed. (R. S. Sec. 2926e.) Section 4885. Notice of such appointment of judge or clerk of election shall be immediately sent by the judge or judges making such appointment to the board of deputy state supervisors, and the person so appointed shall not perform any of the duties of his office until such notice has been sent to the board. The person so appointed to act temporarily as judge or clerk shall perform the duties of the office after the sending of such notice until the board shall confirm the appointment or appoint another person to such office. (R. S. Sec.^2926e.) Section 4886. The person appointed by the board of deputy state supervisors as registrar, jud^jje or clerk of elections shall receive from the board a certificate of ap- pointment, which may be revoked at any time by the board. Such certificates shall be in such form as the board pre- scribes and shall specify the precinct and ward of the city in and for which the person to whom it is issued is ap- pointed to serve, the date of appointment and the expiration of his term of office. During the time they hold such cer- tificates of appointment as such officers, registrars, judges and clerks of elections shall be exempt from the perform- ance of military and jury duty. (R. S. Sec. 2926e.) Section 4887. "While exercising office under this or any other law regulating elections all registrars of electors and judges of elections shall enforce the peace and good order and obedience to their lawful commands for such ends at and about the place of registration and holding elections. They shall especially keep the place of access of the electors to the polls open and unobstructed, prevent and suppress riot, violence, tumult and disorder and any and all improper practices or attempts tending to obstruct or intimidate electors from a free exercise of their right to vote or tending to disturb or interfere with the free and peaceful registration of electors, or the counting of the vote or the certifying of the result of an election. They shall protect the clerks of an election and the witnesses and chal- lengers designated to attend an election, as herein provided, Chap. 5 REGISTRATION OP ELECTORS. 63 from any violence, interference or molestation during the receiving and enumeration of ballots. At all hazards, they shall preserve and secure the registers, poll books, ballot boxes and ballots at every election from violence, fraud or tampering. (R. S. Sec. 2926f.) _ ^ Section 4888. To enforce the provisions of the pre- ^^^^ «' city ceding section, the officer or authority having command of the police force of such city, on the requisition of the board of deputy state supervisors, shall promptly detail for service at the polling places in any precinct of such city such force as the board may deem necessary. On every day of election such officer or authority shall have a special force in readi- ness for any emergency. (R. S. Sec. 2926f.) Section 4889. During the receiving and counting of poifg^^"^ gjjf the ballots or registering of electors, no person or persons dering electors, shall loiter or congregate 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 cast- ing his ballot, or within such distance of one hundred feet give, tender or exhibit any ballot or ticket to any person other than a judge of elections, or exhibit any ticket or ballot which he intends to cast, or solicit or in any manner attempt to influence any elector in casting his vote. (R. S. Sec. 2926f.) Section 4890. In the discharge of their duties, the cS?f?ssTslancV. judges of elections, if necessary, may appoint and require any elector or electors to aid them in making known their orders or directions and in enforcing the peace. Such judges, or any of them, or any registrar, may order the arrest of a person violating these sections, but such arrest shall not prevent such person from voting or registering if he is entitled so to do. The sheriff, all constables, police- men and officers of the peace, and all bystanders at any elec- tion shall immediately obey and aid in enforcing any and every lawful order made by the judges in execution of the provisions of the preceding sections. (R. S. Sec. 2926f.) Section 4891. In quadrennial general registration an^^rei^giw' cities, on or before the first day of September of each year, of electors, except each fourth year when general registration is re- quired, the clerk, under the direction of the board of deputy state supervisors, shall prepare and furnish to the registrars for each precinct in 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 such general registration with sufficient blank space for new electors to be registered therein. In annual general registration cities, on or before the first day of September of each year, the board shall procure and have at its office duplicate books for each election precinct in such city for the registration of electors therein, which shall be styled and known as "regis- ters of electors." (R. S. Sec. 2926g.) 64 REGISTRATION OP ELECTORS. Chap. 5 Form ef regisUr ©f e!€«tbrs. Dutiee of r«firietrarw. l^efi^stratioB tfays 8p«clfled. When clerk may act as register- inc officer. AffidaTit in case of unavoidable absence. Affidavit of elector In foreign country. Section 4892. Each such register of electors shall contain space and ruled lines for at least seven hundred names, and be arranged and ruled in parallel columns with printed heading in the following order: Number (consecu- tively), full name, age, present place of residence, place of residence at last registration, occupation, term of residence, nativity, when naturalized, court, married or single, per- sonal description, date of registration, sworn, signature, re- marks. The ruling and headings of each page of the reg- ister shall be according to the following diagram enlarged. (102 V. 181.) Section 4893. On Wednesday in the fifth week be- fore ':ie November election, each year, the registrars of each precinct in such city, shall apply for such lists and such registers and the map of their precinct, and such printed instruction for the discharge of their duties as the board of deputy state supervisors may lawfully pre- scribe. (R. S. Sec. 2926g.) Section 4894. The days for the general registration of electors in cities wherein annual general registration is required and for the quadrennial general registration and yearly registration of new electors in cities where general registration is required only in presidential years, shall be Thursday in the fifth week, Thursday in the fourth week and Friday and Saturday in the third week next before the day of the general election in November in each year. (R. S. Sec. 2926h.) Section 4895. Between the first day of September and the day preceding the first of the days prescribed for the general registration, and no longer, the clerk of the board of deputy state supervisors shall act as registering officer in the case onlv described in the following two sections. (R. S. Sec. 2926h.j Section 4896. Any person resident of such city who will be lawfully entitled to vote therein at the next succeed- ing November election may go before such clerk at the office of the board, and, on making and subscribing an oath before him that he will necessarily and unavoidably be absent from such city on all the days appointed or allowed by law for the general registration of electors by the registrars of the precinct in which he resides, specifying them, and more than fifty miles distant therefrom, the clerk, if satisfied, shall thereupon file such affidavit and make registration of such person in the registers of such precinct, on compliance of such applicant with the require- ments of law for general registration and his signature to the statement prescribed, and no further registry of such applicant shall be necessary. (R. S. Sec. 2926h.) Section 4897. An 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 a judge or clerk of any court of record or notary public, or, if in a foreign country, before any min- ister, eoBsul, or vice consul of the United States, a ad Chap. 5 REGISTRATION OF ELECTORS. 66 make and subscribe an affidavit as to his residence, speci- fying in what ward and precinct he resides, and that he will be necessarily and unavoidably absent from such city on all the days allowed or appointed by law for the general registration of electors in such precinct, and answering and setting forth accurately each and all matters herein required to be set forth in the register of electors, and forward such affidavit duly authenticated by mail, under an envelope addressed to the "Clerk of. the board of deputy state supervisors" of said city. If received by such clerk between the days so appointed for his acting as such regis- trar, it shall entitle such applicant to be entered by the clerk in the proper register of such precinct. In place of the signature of such elector, the word ''affidavit" shall be inserted, and no further registry of such applicant shall be necessary. Such affidavit and envelope shall be filed and preserved in the office of the board. No such affidavit shall be allowed by the clerk unless the officer before whom it is made shall certify that the affiant is personally known to him to be the person he represents himself to be or proven so to be by a credible person known to him whose name and full address must be stated in such certificate. (R. S. Sec. 2926h.) Section 4898. Any such affidavit of an absent elector, Entry of received by the clerk, on or after the first day herein ap- caM*?fSJ»Ti* pointed for general registration by the registrars, shall be transmitted by him immediately to the registrars of the proper precinct, and they may register the applicant as herein directed and shall preserve such affidavit. When application for registration is thus made by affidavits for- warded by mail, if the clerk or registrars, as the case may be, are not satisfied that such applicant is a resident of the precinct so specified, or that he will be entitled to vote on the day of the next election, the word ''challenged" shall be entered in the registry opposite his name and in the column for "remarks," and such affidavit and envelope shall be transmitted to the judges of election. If he ap- pears, such applicant shall be required to establish his residence and qualifications before voting. (R. S. Sec. 2926h.) Section 4899. On the day preceding the first of the ^lo^ ^f „gig. days herein appointed for the general registration, the tration bj clerk, clerk of the board of deputy state supervisors shall close such registration in each register in which he has so entered any registration of electors, by drawing double lines across the page with ink immediately below the last name reg- istered by him, and add the words, "Close of registration by the clerk," and shall thereunto subscribe his name and office. (R. S. Sec. 2926h.) Section 4900. In cities in which a general registration ReEistration of of electors is required at presidential elections only, at all Jurarfinnu^reg- other state or other public elections, those electors who have istration citJee. been duly registered at such general registration and have not removed from the precinct in which they then regis- REGISTRATION OF ELECTORS. Chap. 5 Duties of registrars. Board of reg- istration of nat- uralized voters. Hours for regis- tration specified. tered at such general registration in such city shall not be required to register. But at such state or other public elec- tions, at the times hereinbefore provided for registration days, only those electors of such city shall be required to register as may be new electors or who have moved into a precinct of such city since a general registration and have not been registered therein, except that at such public election, other than presidential and state, such registration shall take place on Friday and Saturday in the third w^eek before any such election. If an elector removes from the precinct in which he has so registered into another precinct of the city in which he resides, he shall apply in person to the registrars of the precinct in which he has so regis- tered for a ''removal certificate," as herein provided in other cases. (R. S. Sec. 2926h.) Section 4901. Within a sufficient time previous to such state or other public election, the registrars of each precinct in such city shall obtain the preceding register made by them from the board of deputy state supervisors, and attend at the place in such precinct appointed for the 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. Such registrars shall take all such preceding registers of their respective pre- cincts, so required to be furnished them, as hereinbefore provided, make a thorough canvass thereof for the pur- pose of ascertaining whether any of the electors so regis- tered have removed or died and make a report of their proceedings carefully noting anj^ and all changes found, together with such additional names of the electors regis- tered by them to the board of deputy state supervisors. (R. S. Sec. 2926h.) Section 4902. In each county containing an annual general registration city, the board of deputy state super- visors shall act as a board of registration of naturalized voters in such city. It shall receive and record any cer- tificate of naturalization offered to it by a naturalized citizen in person who is then an elector of such city and requests that such certificate be put on record by the board, and states under oath or affirmation his age, his place or places of residence during the five years preceding such statement and the length of time he has resided in each such place. Thereupon the board, by its clerk or deputy clerk, shall place such certificate of naturalization on rec- ord together with a record of the statements of the appli- cant, and they shall be matters of public record. Such registration of certificate of naturalization may be made on any day and at any time during which the office of the board is open for the transaction of ordinary business, except, on election days and days for the general registra- tion of electors. (R. S. Sec. 2926h.) Section 4903. On each of the days appointed for the general registration of electors, the registrars of electors Chap. 5 REGISTRATION OF ELECTORS. 67 shall meet at the place in each precinct provided by the board of deputy state supervisors for that purpose, and there remain in session from the liour of eight o'clock forenoon until the hour of two o'clock afternoon, and from four o'clock afternoon until nine o'clock afternoon of each day of the days so appointed for the purpose of registering the electors lawfully resident in such precinct. No person shall be registered as an elector of such city at any time or place other than those designated in this chap- ter. In making registration, each applicant shall answer the inquiries made by the registrars. (R. S. Sec. 2926i.) Section 4904. Having openly and publicly met at oath to dui- the place and time herein appointed, the registrars shall ^^^^^^ elector, receive the applications for registration of all such 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 is challenged by any elector, shall administer the following oath: ''You do solemnly swear that you will truly and fully answer all such questions as may be put to you, touching your place of residence, name, age, place of birth, qualifications as an elector and your right as such to be registered and vote under the laws of the state." (R. S. Sec. 29261.) Section 4905. The registrars shall then examine each Questions to be applicant as to his residence and qualifications as an elector, JSpucInl ^^ and, if not satisfied, or if any electors so demand, they shall enter the word "challenged" under the column for "remarks." Unless otherwise herein directed, they shall then in the presence of the applicant enter in the registers his answers to their questions, pertinent to the heading of each column, in their order. (R. S. Sec. 2926i.) Section 4906. In entering his "number," such num- jj^^ entries ber shall be filled up consecutively, leaving no blank. In shaii be made, "name" they shall include his Christian name or names in full, as well as his surname. In the column as to present place of residence, shall be stated the name of the street, avenue, alley or way in which his dwelling is located or access thereto is usually had, and the number of the house, if it has one. If it has no number,"' a definite description by which it can easily be found must in every case be given and entered. If there are more houses than the one under the number so given, or if there are other families, tenants or lodgers in that in which the applicant resides, he must specify in which house and on which floor and whether front or rear, of such house he resides, and the number and location of his tenement. In the column as to "place of residence at last registra- tion" shall be stated his then postoffice address, with street number, if any, and, if his residence was the same, the words "same residence" shall be entered. In the column as to ' ' age, ' ' the years and months must be stated, and, if the applicant is not at the time twenty-one ts REGISTRATION OF ELECTORS. @h&p. i When certificate of naturalization may not be produced. Signatures of applicant. years of age or more, the words ' ' not of age ' ' must be in- serted in the column of ' ' remarks. ' ' In the column as to ' ' occupation ' ' and the name of his employer, if he has one, must be stated. 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 '^ nativity," the name of the state or foreign country must be given. In the column as to "naturalized," the answer "yes" or "no" or "native" must be given and stated. If natur- alized, the proper certificate or evidence must be produced unless such certificate has been filed with the board of deputy state supervisors, as herein provided. In the column as to "married or single," if the head of a family, it must be so stated. Nothing shall be entered in the column as to " personal description" until the applicant has signed the register, and then lines shall be drawn unless the applicant has been challenged, or signs by mark, in either of which events, the color of his hair, the color of his eyes, apparent height, ap- parent weight and other means of identifying him, such as the loss of a member, whether smooth-shaven or otherwise, and description of birthmarks or scars, if any, shall be stated. The column as to " date of registration ' ' must be filled with the date on which the applicant actually registered, and none other. (102 v. 182.) Section 4907. If the applicant for registration de- clares that the certificate of naturalization, upon which he claims the right to vote, has been filed for record with the board of deputy state supervisors having charge of such registration, as herein provided, he shall not be required to produce such certificate of naturalization or other evi- dence thereof, but the registrars may require such declara- tion to be made upon oath or affirmation, and the word "registration" shall be noted opposite his name in the column under the heading of "remarks." (R. S. Sec. 29261.) Section 4908. After the answer of the applicant to the question under the head of each column, except the questions as to "personal description" has been properly entered by the registrars, 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." An ap- plicant who signs by mark shall make an affidavit on a blank prepared for that purpose, that he cannot sign his name, which affidavit shall be delivered to the office of the board of deputy state supervisors, with the registers, and there preserved, and the signature of an applicant who signs by mark must also be attested by at least one subscrib- ing witness, who shall be an elector and may be examined under oath by the registrars as to his knowledge of the per- Chap. 5 REGISTRATION OF ILECTORS. •• son thus attested, and in such case noted by the registrars on tlie registers as * ' sworn " or " affirmed, ' ^ as the case may be. (102 V. 182.) Section 4909. Each of the registrars shall enter the statement of the applicant 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 registers with each other and correct any discrepancy 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 imme- diately under the last name and statement so registered. The registrars shall make a note in writing under such double line, stating "close of the first, second, etc., day's registration, ' ' and attest it by their signatures in both regis- ters. The register shall then be deposited by them at the end of each day at the office of the board of deputy state supervisors. (R. S. See. 29261.) Section 4910. When not in the official use of the registrars or the judges of election, all registers 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 produced for inspection at all proper times. (R. S. Sec. 29261.) Section 4911. Each male person who is a citizen of the United States and law^fully resident of this state and of any city wherein registration is required, who is, or at the next ensuing election in such city will be, entitled to vote therein, on application in the election precinct where he lawfully resides and complying wnth the requirements here- in, shall be registered as a resident and elector therein, but not otherwise. No person shall be entitled to vote at any election in such city unless he shall establish his resi- dence by causing himself to be registered in the precinct where he shall claim to reside, in the manner and at the time required herein, nor shall a ballot be received by the judges at any election under any pretense whatever unless the name of the person offering it shall have been entered on both of the registers of the precinct in which he claims to vote, as herein provided. It shall be the duty of each elector resident in any such city to see that his name has been so registered. (R. S. Sec. 2926 j.) Section 4912. An elector in such city who is pre- vented by sickness or physical disability from appearing before the registrars at the place in his election precinct on the days for general registration, may apply to such registrars on either of such days by his affidavit made be- fore a 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 dis- Duplloets reeiater. Where reeisten shall he de- posited. Voters reifBtred to register. RegistratioH of disabled persoBs. 70 bDgistration oP electors. Chap. 5 Certificates In case of remoyal. ability of the applicant and of the facts stated m the affi- davit. Such person shall be examined under oath by the registrars as to such matters. If satisfied that the appli- cant is a resident of such precinct and that he is then or on the day of the next election will be qualified to vote therein, the registrars shall enter the applicant as registered, and in the column for ''signatures'' enter the word "affidavit" and transmit the affidavit with the registers to the judges of election and such registration shall be sufficient. (R. S. Sec. 2926 j.) Section 4913. An elector, being the head of a family and duly registered in the precinct where he then resided, who shall remove info another precinct in the same city, or an elector not the head of a family, duly registered in a precinct of a ward where he then resided, who shall remove 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 f or a " removal certificate, ' ' and it shall be made and signed by them, certifying his registra- tion, with all its particulars, as shown on their registers, but adding his statement of the new residence and precinct to which he has removed. They shall then immediately cancel his registration on their registers by drawing double lines in ink through it and noting his "removal" and the ward and precinct to which he has removed in the column of ' ' remarks. ' ' Such note must be subscribed by the appli- cant. (R. S. Sec. 2926k.) Certificates in case of mis- take. Registration on certificate. Note : — This section applies where after registration an elector removes 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. 4919 apply. Section 4914. 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 and satisfactory proof that such error was committed by mistake and without fraud or unlawful intent, may on his personal application and proof of his true residence give him a similar certificate, as in case of removal, and cancel his registration in the same manner on their registers. (R. S. Sec. 2926k.) Section 4915. In case of a removal or mistake, the certificate so granted shall entitle such persons to be regis- tered in the precinct where they lawfully reside, if such certificates are presented on any of the days for general reg- istration or between the hours of two thirty and five thirty o'clock afternoon on Monday, the day preceding the No- vember election, to the registers of such precinct, and proper proof thereof is made to them. When registration is so granted upon certificate from the registrars of other precincts or by order of the board of deputy state super- visors, as hereinafter provided, such certificate or order must be retained by the registrars to whom it is presented and filed by them in the office of the board of deputy state supervisors and preserved. No such certificate or transfer tration list. Chap. 5 REGISTRATION OF ELECTORS. 71 shall be allowed or he valid unless certified and signed by both the registrars of the precinct in which the registration was first made. (R. S. Sec. 2926k.) Section 4916. On the day following each registration Annual rcRis- (lay, unless such day be Sunday or a registration day, in which event on tlie next succeeding day, each year, the reg- istrars of each election precinct shall make and deliver to the board of deputy state supervisors at its office in such city a true list of the names of all electors registered by them in their respective precincts on the preceding day or days, arranged in the alphabetical order of their surnames, followed by their full Christian names and residences, and having the registry number of each prefixed. The lists shall be under the following heading: "List of electors registered in w^ard , precinct of the city of , on the days of 19. . . ., No .... name, residence. ' ' The following certificate shall be annexed at the end of the list and signed by both of the registrars of the several precincts : ' ' We, the undersigned, registrars of electors in ward , precinct , of the city of and state of Ohio, do certify that the foregoing list is a true and correct copy of the names, resi- dences and registry numbers on the registers of such pre- cinct of all persons who have been registered by us as resi- dents and qualified electors in such precinct, this day of in the year nineteen hundred and " (102 V. 183.) Section 4917. After the last day of registration, and. Lists shaii be if so directed by the state supervisor of elections after each 5os"ed*at"^ day of registration, the board of deputy state supervisors po"^"^ P^ace. shall cause a number of copies of such lists for each pre- cinct in such city respectively to be printed on broad side sheets of thick paper and in plain type, two of which lists they shall cause to be securely posted at the polling place of such precinct within five days after they receive such lists from the registrars, and one of which shall be deliv- ered to the controlling committee of each political party or authorized committee of each set of candidates nominated by petition. Each list printed shall include all the names registered. A copy of the complete registration prior to a Novem- copies of com- I)er election from each precinct shall be retained by the {*/®J® resristra- l)oard of deputy state supervisors, and each year, after the close of the annual registration, bound together in a volume and preserved in its office. They shall cause at least fifty additional copies of such list respectively to be printed in ])amphlet form for immediate distribution. (103 v. 519.) Section 4918. After making and returning such lists Duplicate regis to the board of deputy state supervisors, the registrars shall use* at" pons. ""^ 72 REGISTRATION OP ELECTORS. Chap. 5 Meeting for erantlng or celTlng cer- tificates. make in books, to be prepared and furnished them by the board, duplicate lists of all the registered electors in their precinct, arranged alphabetically in the order of their sur- names, followed by their full Christian names, ages and resi- dences, as registered, and the registry number of each pre- fixed. The books to be prepared for this purpose shall be ruled in columns with printed headings as follows : ' ' Reg- istry number , name , age , residence , voted remarks " These lists shall be care- fully compared by 1 he 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 pro- vided. (R. S. Sec. 29261.) Section 4919. On Monday, the day preceding the November election in each year, the registrars of each elec- tion precinct shall meet at two-thirty o'clock afternoon at the polling place appointed for holding elections therein, and there remain in session until five thirty o'clock after- noon, central standard time. At this meeting, they shall receive and act upon any application for either granting or receiving certificates of removal or correction of mis- takes, as herein provided for. If material error or mistake in the description of any elector in such precinct has been discovered, he may appear at this meeting and on good cause shown, the registrars may then correct it. Any change in the registers allowed by the registrars at such meeting must immediately be noted by them in the registers and also in the books containing the duplicate lists for the use of the judges, as herein provided, and, if not then and there so noted, shall be wholly null and disregarded by the judges of election. (R. S. Sec. 2926m.) Note : — Where an elector has registered more than once in the same precinct, the registrars of such precinct should make correction to show but one registra- tion. BeKlstration by erder of deputy stat« super- Tisore. Section 4920. At such meeting and subject to the same conditions, any qualified elector of such precinct may be registered who shall appear and present an order re- quiring it, signed by not less than three members of the board of deputy state supervisors. No such order shall be made or considered by the board, except in a session of the board, to be held in its office on Saturday and Monday preceding the November election in each year, and during such hours as may be prescribed by the board therefor, nor unless the applicant shall appear before the board per- sonally at such session after the last day of general regis- tration and proves to its satisfaction that he could not by due diligence have appeared before the registrars in his pr«p«r p]?««inf t •» either of the days appointed herein, an«l Ghap. 5 REGISTRATION OP BLHCTORS. 78 shall furthermore comply with all the prescribed require- ments for general registration. (R. S. Sec. 2926m.) Section 4921. On Monday, the day preceding the Me«tinc ©■ November election in each year, the registrars, as judges of {J^J/^'iJT*'^ election and the other two judges of election in each pre- cinct shall meet at the polling place appointed for holding the election therein at seven o'clock afternoon, punctually, and then and there organize as a board by electing, one of their number by ballot as chairman. If they fail so to elect a chairman within ten minutes, they shall imme- diately choose a chairman by drawing lots. At this meet- ing, they shall make all necessary arrangements for secur- ing the ballot 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 each political party, as provided in the next section. (R. S. Sec. 2926n.) Note : — In selecting a chairman on the Monday evening preceding the No- Tember election, the choice must be by ballot or by lot. The rule as to "dominant party" does not apply. Section 4922. At each election, the executive or prin- witnesa aad cipal committee of each political party presenting one or be*2dmitte™*J more candidates for suffrage may, by writing, certified by ooumg piac«. 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 challenger, to attend at such election in behalf of such party. The judges of election in each ward or election precinct shall admit such witnesses and challengers so accredited into the polling room with themselves and the clerks at the ensuing election and place them so near to themselves and the clerks that they can fully and conveniently watch every proceeding of the judges and clerks from the time of opening to closing of the polls. No other person, except the witnesses and the judges and clerks of the election shall be admitted to the polling place after the closing of the polls until the counting, certifying and signing of the final returns of each election have been completed. (R. S. Sec. 2926n.) Note : — See note to Sec. 4808. as to "Executlye Committee." See also Oliver t. Bodle, 3 N. P. 298. Section 4923. Before opening the polls, the ballot boxes shall be opened, if requested by a witness, so that the inside and the locks and keys may be inspected by them. No ballot box, nor any ballot when taken from it for count- ing, shall be removed or screened from the constant sight of such witnesses until the counting has been closed and the certificate of the final returns completed and signed by the judges. The challengers so designated shall be so placed that they can fully see and meet each and every person offering a ballot to the judges or either of them. (R. S. Sec. 2926n.) lBBpe«tI«a •t ballot bozet. 74 REGISTRATION OF ELECTORS. Chap. 5 Challenee of person named in register. Opening and closing of polls. Section 2924. At the meeting on the evening of the day preceding an election, any elector may 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 the duplicate lists of electors, and, if he shall offer to vote at such election, the judges, upon such challenge, shall examine him under oath as to his qualifications as an elector in such precinct. (R. S. Sec. 2926n.) Section 4925. On the day of the November election in each year and of any other election, the polls shall be opened by the judges of elections appointed and organized as herein provided, by proclamation made by the chairman at the hour of five-thirty o'clock forenoon, standard time, and shall be closed by proclamation at the hour of five- thirty o'clock afternoon. (R. S. Sec. 2926o.) Note : — Wlien tlie said section is construed witii otlier 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 exer- cise of the right of suffrage and it is reasonable, uniform and impartial. Section 2926o, Revised Statutes, is a law of a general nature and operates uniformly throughout the state. Gentsch et al. v. State ex rel. McGarry et al., 71 0. S. 151. Duties of reg- istrars acting as judges. Location of ballot box and checking of lists. Distribution of ballots by elec- tion officers unlawful. Section 4926. At the hour of opening the polls, the registrars acting as judges shall punctually attend and pro- duce at the polling places in the several precincts the reg- isters, affidavits of sick or absent electors and accompany- ing papers and the duplicate certified lists of electors, pre- pared by them, as herein required. The chairman of the board shall at once designate two members of the board of judges of different political parties, each to hold and to have charge of one of the duplicate lists. No ballot shall be deposited in the ballot box until the name of the elector offering 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 the lists. (R. S. Sec. 2926o.) Section 4927. Each ballot must be put in the ballot box by the judge who receives it from the elector. Such judges shall check oft' the name of such elector and the ballot be so held forth by the judge that it shall be in full view of the elector until it is actually put into the box. For a willful violation or evasion of this rule by any such judge, he shall at once be expelled from his office by the other three judges, and the vacancy filled in the manner herein provided in other cases of vacancy. Immediately upon the depositing of the ballot in the box, each of such judges shall check off the name of such elector on the dupli- cate list held by him by placing a " V " distinctly with ink in the column under the Avord ''Voted" and in the line with the elector's name. (R. S. Sec. 2926o.) Section 4928. No judge or clerk of elections, witness or challenger, admitted into the polling rooms at the elec- tion, at any time while the polls are open, shall have in his Chap. 5 REGISTRATION OF ELECTORS. 76 possession or distribute or give out any ballot or ticket to any person on any pretense during the counting or certify- ing of the votes, or have any ballot or ticket in his posses- sion or control, except in the proper discharge of his duty in receiving, counting or canvassing the votes as required by law. This prohibition shall not extend to the lawful exercise by a judge or clerk of elections, witness or chal- lenger of his individual right to vote at such election. (R. S. Sec. 29260.) Section 4929. A registered elector, when offering to challenges by vote, may nevertheless be challenged by any elector as a electors, 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 hold- ing such duplicate lists shall note the word "sworn" op- posite the name of the person challenged. (R. S. Sec. 29260.) Section 4930. Except as otherwise required herein, J°Jf^"o*^ud es the judges of election appointed 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. Except when some authority or duty is herein allotted to one of such judges, no order or action on their part shall be valid without the concurrence of three mem- bers of such board of judges in any precinct. (R. S. Sec. 29260.) Section 4931. Immediately upon the close of the prJc^lamaSor'if polls at each election in such cities, the number of electors to^^i ^ot« cast, entered and shown on the poll books as having voted shall be first certified therein and signed by the board of judges and the clerks. Before any other or further proceedings, the chairman of the board shall make a proclamation in a loud voice in the street outside of the polling room, stat- ing the number of voters so shown and certified on the poll books. The number of electors who shall have been checked on each of the duplicate lists as having voted shall next be counted and compared each with the other, and with the number so shown in the poll books and t1ie result shall at once be certified in the poll books and signed by the judges. In counting those who are checked, the word '*No" shall at the same time be entered in ink in the same column op- posite the name of each elector who is not so checked off. In all cases of disagreement or doubt on any question dur- ing the election or counting, the judges may refer to the original registers, and they shall be conclusive when rele- vant. (R. S. Sec. 2926p.) Section 4932. "Without adjournment or delay, the ^^''c" "s of baiio'ts ballot box shall then be opened, and, without opening any destroyed, ballot or ascertaining its contents, the number of ballots shall first be counted. If the number of ballots exceeds the number of names on the poll books, the ballots shall be replaced in the box and one of the judges, with his back to the box and without seeing it, shall draw out, without H REGISTRATION OF ELECTORS. Ghap. 5 showing them, and destroy, a number of ballots equal to the excess. If during the counting of the ballots or at the conclusion of the counting, an excess of ballots is discovered, all the ballots shall be returned to the box and, after being thoroughly mingled, the excess shall in the manner above directed be drawn out and destroyed and the count cor- rected accordingly. In all cases when ballots have thus been drawn out and destroyed, a minute of the number destroyed and the reason shall be made on the tally sheet. The count shall then commence and proceed without interruption or delay, and in no case shall cease until it is completed, pro- claimed and the final result certified as herein required. fK S. Sec. 2926p.) Note : — In the absence of any ehowing of fraudulent intent or that the result was changed thereby, an election is not vitiated by the fact that a ballot was Toted upon which a number bad been placed in some unknown manner, or be- cause the judges recounted the ballots and changed their decisions as to one which had been In dispute. State ex rel. Johnson et al. v. Village of McClure, 5 0. N. P. (N. S.) 541. Summary state- meat of TOte> cmst. Signing of talU - Session of board on elec- tion day. Section 4933. As soon as the ballots have been counted and tallied and the clerks have estimated the num- ber tallied for each candidate, the chairman of the board shall make a second proclamation in the same manner as the first, stating the whole number of votes cast and the number counted and tallied for each candidate. This proclamation shall be prima facie proof of the result. The judges and clerks in each precinct shall at the same time make out and certify a summary statement of the number of votes cast therein and the number counted and tallied for each candidate as announced in the proclamation, and dispatch it without delay by a special messenger in a sealed envelope, to the board of deputy state supervisors at its oflfice. As soon as the result has been proclaimed, the judges of election shall also announce it to the board of deputy state supervisors from the nearest police station or from the telegraph or telephone station, if nearest to them. At the request of a person designated to witness the counting of the ballots, the judges and clerks of election shall also sign and deliver to him a certificate containing the same statements as required to be made to the board of deputy state supervisors. (R. S. Sec. 2926p.) Section 4934. After completing the counting and enumerating of the ballots, and proclaiming and issuing the statement of the result, as hereinbefore directed, the number of votes for each person shall be set down in the tally sheets under the inspection of the judges and certified and signed by them in manner and form as prescribed by law. In all certificates the number of votes shall be fully written out in words and also stated in figures. (R. S. S6c.2926p.) Section 4935. The board of deputy state supervisors convene in session at its office at five-thirty o'clock shall forenoon on the day of each election in such cities, and remain in session continuously until such statements giving Chap. 5 REGISTRATION OP ELECTORS. 77 the result of the election are received from every precinct in such city. The board may employ messengers, use the telephone and telegraph, direct the police force of the city, and use any other lawful means to secure prompt and cor- rect reports from the election judges. The police author- ities shall assign at least one policeman to do duty in each precinct on each day of election. (R. S. Sec. 2926q.) Section 4936. In case an elector, through no mistake certificate in or negligence of his own, shall have been registered in the t"y misffi m" wrong precinct, the board of deputy state supervisors, dur- registering, ing each election day, may issue to such elector a certificate, showing such fact, and such certificate, when presented by such elector to the proper registrars and judges, shall en- ^ title him to vote in his proper precinct. Such mistake shall be noted on the register. When any such certificate is issued, the board shall immediately notify the registrars and judges of elections of the precinct where such elector was so improperly registered of the issuing of the certifi- cate, whereupon such erroneous registry shall be cancelled by them and a proper note thereof made in the column for ''remarks." (R. S. Sec. 2926q.) Section 4937. After having set down the number of Diarposition of votes for each person, certified and signed it in the poll fauy^hwts.*"^ books and tally sheets in the manner prescribed by law, the judges of elections shall put under cover one of the poll books and tally sheets, seal it and direct it to the clerk of the court of common pleas. The other poll book and tally sheet shall be sealed in like manner and directed to the board of deputy state supervisors. Before separating, they shall designate two of their number as messengers, by lot, if they cannot agree, one of whom shall personally and within twenty hours from the close of the polls deliver to the clerk of the court of common pleas the poll book and tally sheets so addressed to such clerk, and the other shall personally and within twenty hc'.rr deliver the other poll book and tally sheet to the board of deputy state super- visors at its office. (103 V. 846.) Note :— No express provision is made for the preservation of these returns for any definite time, but the clerk should retain such returns In a suitable place for a reasonable period after each election. It would be well for the clerk to retain them for at least one year. Section 4938. The chairman of the precinct board of elections shall safely return the registers, the duplicate lists SfeJ^and c?m- made therefrom, the ballot boxes and keys thereto and all pietion of work, papers or affidavits accompanjang them to the board of deputy state supervisors or the clerk at the office of the board within twenty hours. The judges and clerks of elections shall not adjourn, disperse or cease from proceed- ing as hereinbefore required until all such requirements have been actually executed and completed in the manner and form prescribed by law. (R. S. Sec. 2926r.) Section 4939. On demand of any candidate, the board ^^f^^^S^l^' of deputy state supervisors shall compare the returns re- to cierk and ceived by the county clerk from the precincts in such city SXard.*^^*^ 78 REGISTRATION OF ELECTORS. Chap. 5 Registration of women. with the certified statement sent by the judges of election to the board of deputy state supervisors. If found to dis- agree, the number certified in the statement last mentioned shall be taken as correct and counted^ unless proof of their returns received by the county clerk, satisfactory to the board, shall be made by the judges, clerks and witnesses of the counting. For the purpose of adjusting such dis- crepancy and determining the true result of the election, such board shall summon witnesses and examine them under oath as to the proceedings and proclamations at such election in any precinct, and it may view and consider as part of the record the poll books and tally sheets, registers and duplicate lists made therefrom, and deposited, as here- in provided. Such inquiry shall be limited exclusively to determining which shall be adopted as proof of the true vote at the close of the polls in a precinct : the returns as received by the county clerk, or the certified statement as received by the board of deputy state supervisors. (R. S. Sec. 2926s.) Section 4940. The provisions of this chapter relating to registration shall apply to women upon whom the right to vote for member of the board of education or presidential elector is conferred by law, but the names of such women may be placed on a separate list. (108 pt. I, p. 699.) Note : — ^As to constitutionality of act conferring upon women the riglit to vote and be voted for at any scliool election, etc., see State ex rel. v. Board of Elections. 9 C. C. 134, affirmed in 54 0. S. 631. SPECIAL ELECTIONS. Special elections. Registration in such elections. Certificates of cancellation. Section 4941. The provisions of the preceding sec- tions of this chapter shall extend to any special election authorized by law to be held in a registration city, as follows : 1. There shall be no general registration, as provided in such preceding sections, but on Friday and Saturday in the second week before any such special election, the regis- trars of each precinct shall obtain the last registers made by them from the board of deputy state supervisors, and attend at the place in such precinct appointed for the regis- tration of electors, between the hours directed for the purpose, and receive applications for registration by such qualified electors residing therein as are not already regis- tered. If qualified, they shall enter them in the registers, subject to the rules and conditions prescribed as to general registration. 2. The registrars shall deliver certificates of cancella- tion to any registered elector who is not the head of a family and who may apply to them to cancel his registration on account of his removal from the precinct in which he was registered to another precinct, and they shall receive such certificate from any elector presenting it, and allow him to register, if he be otherwise qualified, in the precinct to which he has removed, if on the day of election he will have Chap. 5 REGISTRATION OF ELECTORS. 79 been an actual resident in such ward for twenty days imme- diately preceding such election. 3. The registrars shall receive affidavits of sick and Affidavits of sick disabled electors, as required in such preceding sections, and ei"ctorr^^^^ on such days and at their meeting on the evening preceding such election, which shall be held between the hours of five and seven o'clock afternoon, they shall also perform the same duties prescribed in such sections. 4. During the week previous to such election, the Hours for reg- board of deputy state supervisors may issue orders for boI?d.°° ^^ registration, which orders, if presented at the meeting for organization, held the evening before such election, shall be received by the registrars and be disposed of as required in such preceding sections. 5. Any additions or changes then entered by them Additions and in their registgjs shall also be made in the duplicate list register. '" of voters, which, after being carefully compared with the registers and with each other, shall be produced by them, together with the registers of such precincts at the opening of the polls on the day of election, and then used, applied and disposed of by the judges in all respects as directed in such preceding sections. 6. At seven o'clock afternoon, preceding any such ?''^*J'^5H°^ °' special election, the registrars for each precinct and the ^^^ ° " ^^' other two judges of election shall meet at the polling place therein appointed for such election, and then and there shall organize as a board of judges and perform the other duties prescribed in such preceding sections and in the manner therein directed. 7. The poll books required by such preceding sections pou books; to be delivered by the judges of election to the clerk of the aSd d^etfvw^d.^ court of common pleas shall be addressed and delivered hy them to the auditor of such city. 8. The board of canvassers of elections in each such Duties of board city shall be composed of the board of deputy state super- visors and the city auditor of such city. Within four days after such special election, the ''board of canvassers" shall meet at the office of the board of deputy state supervisors in such city at ten o'clock forenoon at the call of the chief deputy state supervisor and organize by electing a chair- man and secretary. The returns received by the city audi- tor shall then be produced by him and opened and canvassed by the board of canvassers, as prescribed in such preceding sections, and by law. 9. If the board of deputy state supervisors is of the Board may make opinion that it is unnecessary to require the registrars of JeguiatS^for^^ each precinct to attend in each precinct for the registration registration. of voters for a special election, such board may make such other reasonable provisions for transfers and the registra- tion of voters at such election as it deems proper. 10. When a new ward has been created, or the boun- New or altered daries of any ward or the precincts thereof have been ^ncts."'^''" changed after the general registration and before any such special election following, the board of deputy state super- 80 REGISTRATION OF ELECTORS. Chap. 5 visors shall appoint election officers, rearrange the voting precincts, provide for registration of electors not already registered, make new registers, certify the registration of registered electors whose voting precinct has been changed, and make all necessary arrangements and regulations for holding elections in such new or altered wards and precincts. The right of any registered elector to vote shall not be prejudiced by any error in making out the certified lists of registered voters. (R. S. Sec. 2926v.) Note : — For a special election, such as a bond issue, an opportunity should be given all persons to register but it is not necessary to open all the booths or to call out all registration ofiflcers, and public notice should be given when every- body should be given an opportunity to register or transfer. ' The action of the board of elections as to the registration of voters in cities where the number and boundaries of the wards are changed under the new munici- pal code, is controlled by Sec, 2926v-5, Rev. Stat., which provides that whenever any new ward has been created or the boundaries of any ward changed after the general registration and before the April election following, the board of elections shall provide for the registration of electors not already registered, make new registers, and certify the registration of electors whose voting precinct has been changed, and the board of elections of a city in such case must follow the course prescribed in said section, and is without authority to hold a general registration prior to the April election, and the expenditure of public funds for such a pur- pose 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 0. 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. 2926t; of the election law. Courts will presume that the true construction of the statute will be adopted and the elec- tions 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 resi- dence falls. Columbus V. City Board of Elections, 13 0. D. 452. Where a special election is held under the Brannock law within a registra- tion 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 precincts so that the board may issue transfers to persons who have re- moved from precincts outside the resident district to precincts within the resi- dent district. It is not necessary for the registrars to attend tJ all of the precincts of the city. Under paragraph 5 of this section, the board has authority, where the boundaries of any precinct have been changed after the general registration, to provide for the registration of electors not already registered and make new regis- ters and certify the registration of registered electors whose voting precinct has been changed, and make all necessary arrangements and regulations for holding elections in such new or altered wards and precincts. Where a special election is held in a registration city, the registrations pro- Tided for In this section should be provided by the board of deputy state super- visors. Wliere 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 provided in this section of the registration law. REGISTRATION EXPENSES. ComyensatloH of «ef«tjr tttt* superrUors and clerks In cities. Section 4942. In addition to the compensation' pro- vided in section forty-eight hundred and twenty-two, each deputy state supervisor of elections in counties containing cities in which registration is required shall receive for his services the sum of five dollars for each election precinct in such city, and the clerk in such counties, in addition to his compensation so provided, shall receive for his services the sum of six dollars for each election precinct in such cities. The comr^'-^ation so allowed such officers during any year shall be determined by the number of precincts in such Chap. 5 REGISTRATION OF ELECTORS. tl city at the, November election of the next preceding year. The compensation paid to each such deputy state supervisor under this section shall in no case be less than one hundred dollars each year and the compensation paid to the clerk under this section shall in no case be less than one hundred twenty-five dollars each year. The additional compensation provided by this section shall be paid monthly from the city treasury on warrants drawn by the city auditor upon vouchers signed by the chief deputy and clerk of the board. (R. S. Sec. 2926t.) Section 4943. In such counties containing registra- Maximum com- tion cities, the whole amount of annual compensation paid deputj°»t*t« to each deputy state supervisor and clerk under the pre- IndfrillrtS. ceding section and under section forty-eight hundred and twenty- two, shall not exceed in any year the following : In counties containing cities having a population of three hundred thousand or more, as ascertained in the man- ner hereinbefore provided, 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 thou- sand, 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, twelve hundred dollars and the clerk fifteen hundred dollars. In counties containing cities having a population of twenty-five thousand and less than fifty thousand, each deputy state supervisor, eleven hundred dollars, and the clerk fourteen hundred dollars. In all other counties containing such registration cities, each deputy state supervisor, three hundred dollars, and the clerk four hundred dollars. (107 0. L. 684.) Section 4944. The registrars of each election precinct compensation in such cities shall be allowed and paid for their services as cfeJk^and* °eg- registrars four doUars per day and no more for not more istraw. than six days at any one election. In registration cities having a population of three hundred thousand or more by the last preceding federal census, the judges of election, including the registrars as judges and clerks of election, shall each be allowed and paid ten dollars for each general election and five dollars for each special election, at which they serve and no more, either from the city or county. In all other registration cities, the judges of election, including the registrars as judges and clerks of election, shall each be allowed and paid eight dollars for each general election and five dollars for each special election at which they serve and no more, either from the city or county. No registrar, payment upon judge or clerk shall be entitled to the compensation so fixed order of board, except upon the allowance and order of the board of deputy state supervisors made at a joint session, certifying that each has fully performed his duty according to law as such, and stating the number of days ' service actually performed 82 REGISTRATION OF ELECTORS. Chap. 5 Expenses other than registration must be paid by county. Registration epenses; how paid. by each. Such allowance and order shall be certified by the chief deputy ajid clerk of the board to the city or county auditor. (107 0. L. 690.) . Section 4945. For November elections held m even- numbered years, the county in which such city is located shall pay the general expenses of such election other than the expenses of registration. Such allowance and order of the board for such expenses and compensation to such judges and clerks of elections shall be certified by the chief deputy and clerk to the auditor of such county, who shall issue his warrants upon the county treasury for the amounts so certified. (R. S. Sec. 2926t.) Section 4946. The additional compensation of mem- bers of the board of deputy state supervisors and of its clerk in such city hereinbefore specified, the lawful com- pensation of all registrars of electors in such city, the necessary cost of the registers, books, blanks, forms, sta- tionery and supplies provided by the board for the purposes herein authorized, including poll books for special elections, and the cost of the rent, furnishing and supplies for rooms hired by the board for its offices and as places for registra- tion of electors and the holding of elections in such city shall be paid by such city from its general fund. Such expense shall be paid by the treasurer of such city upon vouchers of the board, certified by its chief deputy and clerk and the warrant of the city auditor. Each such voucher shall specify the actual services rendered, the items of supplies furnished and the price of rates charged in detail. (103 v. 545.) REGISTRATION UPON ACTION OF COUNCIL. Council of other cities and villages may provide for registra- tion. Section 4947. 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 all times and on the days provided by law for registration in cities which have quadrennial registration. When the council so pro- vides, no person shall have acquired a legal residence in any ward or election precinct in such city or village for the purpose of voting therein at any general or special election, nor shall he be permitted to vote at any election therein unless he shall have caused himself to be registered as an elector in such w^ard or precinct in the manner and at the time required by law in cities which have quadrennial registration. (98 vs. 279 § 1.) Note : — The compensation of judges and clerks in cities vrhich have pro- vided for registration is governed by section 4944, the latter not being made applicable to villages. Atty. Gen. 11-18-08. In cities having population in excess of 11,800, the council has no authority relating to registration. Atty. Gen. 8-4-09. Although a village possess an ordinance for registration, such registration can not be had for the first time until the presidential year. CHAPTER 6. PRIMARY ELECTIONS. 4948. How certain words and phrases con- strued. 4949. How candidates for public offices shall be nominated. 4950. rrovisions for nomination of candi- dates by petition not repealed. 4951. These provisions shall not apply to elective ofHcers of townships and municipalities having a population less than 2.000 ; exception. 4952. Candidates for state offices. United States senator and congressman at large nominated by direct vote ; filing declaration of candidacy and cer- tificate of electors. 4952-1. Candidates for district offices shall be nominated by direct vote ; how per- son may become a candidate ; chief deputy state supervisor shall certify all nominations to boards of deputy state supervisors ; certifying results of primary election and nominations to most populous county. 4953. Nomination of candidates for presi- dential elector by delegate state con- vention ; time of holding convention and apportionment of delegates ; party platform. 4954. Election of delegates and alternates to national convention shall be by direct vote ; statement of candidate as to choice for president ; name of first and second choice shall appear on ballot. 4955. Presidential preference primary ; nom- ination papers for candidates how and when filed ; names of candidates certified by state supervisor to boards of deputy state supervisors ; separate tickets ; form of ticket ; canvass of returns by state supervisor. 4956. When nominations certified to boards of deputy state supervisors. 4959. Controlling committees elected, by di- rect vote. 4960. State central committee ; district com- mittee ; county central committee ; committeemen chosen by direct vote ; candidates may be nominated by pe- tition ; when members of county cen- tral committee shall act as district committee. 4961. Time for organization for committees. 4962. Terra of service; vacancies. Sectio.n 4963. Time of holding primaries for state, district and county candidates ; time of holding primaries for township and municipal candidates; nomination of U. S. senator. How primary for special election called. Powibrs and duties of boards of deputy state supervisors. Nomination for offices not heretofore provided for; declaration of candi- dacy. Nomination of candidates where dis- trict situated In more than one county ; returns in such cases. What names to be printed on ballot ; form of declaration of candidacy ; form of certificate of electors. Fee required and where paid. Form prescribed must be used. Number of nomination papers each signer may sign. Declaration — what it shall contain. How protests shall be made; papers shall not be rejected for technical defects. Provisions as to registration. Separate tickets. Election, how conducted. Challengers and witnesses. Unlawful to exhibit ticket within one hundred feet. Who may vote ; causes of challenge. Oath. Vote rejected, when. Canvas of vote. Canvass of vote and certifying result by deputy state supervisors. 4984-1. Per cent of ballots written on required to nominate at primary where no nominating petition is filed. Names of nominees must be placed upon ballot. Certificates of election to delegates and alternates. Certificates of election to members of committee; list of committeemen filed In office of state supervisor. How results detennlned In case of tie vote. Vacancies, how filled. Compensation of election officers. Expenses, how apportioned and paid. Party platform, when and by whom framed. 4964. 4967. 4969. 4969-1. 4970. 4970-1. 4971. 4972. 4973. 4974. 4975. 4976. 4977. 4978. 4980. 4981. 4982. 4983. 4985. 4986. 4987, 4988. 4989. 4990. 4991. 4991-1 St rued. Section 4948. Unless inconsistent with the context, JJ^rVlnS^'' the words and phrases in this chapter shall be construed phrases con- as lollows : The word "primary", the primary election provided for in this chapter, to nominate candidates to be voted for at the ensuing election. The words "November election", the election held on the first Tuesday after the first Monday in November, in any year. The w^ords "general election", the November election in the years when state and county oflficers are to be elected. The word "precinct", a district established by author- ity of law within which all qualified electors vote at one polling place. (83) S4 PRIMARY ELECTIONS. Chap. 6 How candi- dates for pub- lic offices shall be nominated. ProTisioni for nomination of candidates by petition not repealed. These proTisions shall not apply io elective <)fflce« of townships or municipali- ties Jxavinp a popuiafcm less than 2,000. The word ''district", any election district, circuit or other subdivision of the state comprising more than one county or part of county within which an officer or officers are to be elected. (99 v. 214 § 1.) Note-— The nomination of party candidates for public office concerns the public welfare and the legislature in the exercise of the police power may make reasonable regulations therefor. State ex rel. Webber v. Felton, 77 0. S. 554. Section 4949. Candidates for member of the senate and house of representatives in the congress of the United States and for all elective state, district, county and mu- nicipal offices, delegates and alternates to national and state conventions and members of the controlling committees of all voluntary political parties or associations in this state which at the next preceding general election polled for its candidate for governor in the state or any district, county or subdivision thereof, or municipality, at least ten per cent of the entire vote cast therein for governor, shall be nomi- nated or selected in such state, district, subdivision or mu- nicipality, in accordance with the provisions of this chapter, and persons not so nominated shall not be considered can- didates and their names shall not be printed on the official ballots, nor shall delegates or alternates to such conventions, or party controlling committees whose members have not been so selected, be recognized by any board or officer. (104 V. 9.) Note: — All political parties in any political division named in this section, which, at the last general election cast ten per cent, or more of the entire vote in that political division must make t^eir nominations according to this primary election law. Atty. Gen. 3-24-1909. The primary election law contains no provision for notice to be given to elec- tors, either of the holding of county primaries, or of primaries to nominate can- didates for township or municipal officers or members of the school board. Atty. Gen. 7-26-1909. If in any political division a political party has cast more than ten per cent, of the votes cast in such subdivision then its nominations within and for such sub- division must be made under the provisions of the compulsory primary law. The duty of a political party under said primary law is determined by its vote in the political subdivision. Atty. Gen. 4-28-1910. Section 4950. Nothing in this chapter shall repeal the provisions of law relating to the nomination of candi- dates for office by petition, and no elector shall be disquali- fied from signing a petition for such nomination of candi- dates for office by petition, because such elector voted at a primary provided for herein to nominate candidates to be voted for at the same election or because such elector signed nomination papers for such primary. (103 v. 476.) Section 4951. The provisions of this chapter shall not extend nor be applicable to the nomination of candidates for township offices or for the elective offices of any munici- pality which has less than two thousand population as ascertained by the federal census next preceding such nomi- nations unless the voters of such township or municipality shall so petition the board of deputy state supervisors of elections, which petition shall be filed at least ninety days before the regular date for holding the primary to nomi- nate the officers mentioned in this sec don and shall be Ghap. 6 PRIMARY ELECTIONS. S6 signed by qualified electors of such township or municipality equalling in number at least a majority of votes cast in such township or municipality at the last general election ^ therein. In the event that such petition is filed then all Exception, nominations of party candidates in such township or mu- nicipality shall be made as in this chapter provided. (103 V. 476.) Primary elections may not be held for the nomination of township officers unless petitioned for by a majority of electors of such township. Atty. Gen. 4-30-15. Section 4952. Candidates for state offices, United ?*"?'?*V\' '"^ , 1 -I 11 1 • 1 state oinces, U. btates senator and congressman-at-large shall be nominated s. senator and by direct vote of the people in the manner following : Each atS?Tom- person so desiring to become a candidate for an office above ^"jj^ ^^^^ enumerated shall not less than sixty days before the date of the primary election at which such nominations Declaration of are to be made, file with the state supervisor of elections a 5tJJ2,^f*ttoe*^Sf declaration of candidacy signed and acknowledged and cer- fliinK- fee. tified to by a certificate of five electors of the state who are members of the political party to which such candidate be- longs, and shall pay to such state supervisor the proper fee. Section 4952-1. Candidates for district offices where ^t^rMlmJs'' such district includes more than one county, which shall in- nominated by elude all candidates for member of the house of representa- ^^^^^ ^°**' tives in the congress of the United States, other than con- gressman-at-large, shall be nominated by the direct vote of the people in the manner following: Each person desiring Ja^ndwacy? con- to become a candidate for election to such office in this state tents : time and shall not less than sixty days before the date of the ?jjf* °' *'"°'^' primary election fixed by law to be held in even numbered years, file with the clerk of the board of deputy state super- visors of elections of the county in which such candidate re- sides, a declaration of candidacy signed and acknowledged and certified to by a certificate of five electors of the dis- trict who are members of the political party to which such candidate belongs, and shall pay the clerk the proper fee. Whereupon, except where such candidate resides in the most populous county in the district, such clerk shall cer- tify the declaration of candidacy and certificate to the clerk of the board of deputy state supervisors of elections of the most populous county of the district,, and cover the fee so paid into the county treasury of the county in which such candidate resides. Not less than forty days before such primary said clerk shall certify all nominations so certified Time of "rtify-^ to him* or filed in his office, to the boards of deputy state IS^bojrdlff m"st supendsors of each county in such district who shall enter populous county, the names so certified on the proper ballots to be used at the primary. Such boards of deputy state supervisors shall certify the results of the primary election on such candi- ^^j'J^^V'ph-' dates to the board of deputy state supervisors of elections '"»'^^®^^"Xua of such most populous county in the manner provided under comity. ^*^^" °"* the general election laws, which board shall ascertain and declare the results and shall, not less than forty days be- 86 PRIMAEY ELECTIONS. Chap. 6 Time of certify- ing nominations by board of most populous county. Nomination of candidates for presidential elector by dele- gate state con- vention. Time of holding convention and apportionment of delegates. Party platfonn. Election of dele- gates and alter- nates to national convention. Declaration of candidacy and certificate ; statement in writing as to choice of presi- dential can- didates. Name of first and second choice shall ap- pear on ballot. tore tlie November election, certify all such nominations so made to the boards of deputy state supervisors of the coun- ties comprising the district who shall cause the same to be printed on the proper tickets as provided by law. Under the existing law providing for primary elections a voter who is affili- ated with one party can not be nominated at such primary as a candidate for office upon a ticket of any other party. State, ex rel.. v. Graves, 91 O. S 36. A court win not compel a board of deputy state supervisors to hear and determine objections to the nomination of candidates for office, the determination of which requires a recount of the ballots cast at the primary election, where the WTitten objections are filed after the time fixed by statute for the destruction of these ballots. State, ex rel.. v. Swan, 91 0. S, 61. Section 4953. Candidates for presidential elector shall be nominated by delegate state conventions, the dele- gates to which shall be chosen at a primary election which shall be held on the last Tuesday in April, 1916, and simi- larly every fourth year thereafter. The state committee of each political party shall determine the time and place for holding the state convention of such party and shall appor- tion the delegates and alternates throughout the state in proportion to its party vote for governor cast in the several counties at the last preceding general election. Each state committee shall also by resolution determine the ratio of representation in such state convention. In addition to nominating candidates for presidential elector such state convention shall formulate the state party platform for that year. (103 v. 478.) Section 4954. At the primary election which shall be held on the last Tuesday in April in the year 1916, and similarly in every fourth year thereafter, delegates and al- ternates-at-large to the national conventions of the different political parties shall be chosen by direct vote of the elec- tors in the manner prescribed in this chapter for the nom- ination of candidates for state offices, and candidates for election as delegates and alternates to such conventions from districts within the state shall be chosen by direct vote of the electors in the manner prescribed in this chapter for the nomination of candidates for district offices. Each person seeking to be elected as delegate or alternate to such national convention shall file with his declaration of can- didacy and certificate, a statement in writing signed by him in which he shall state his first and second choice for nomination as candidate of his party for the presidency of the United States and the state supervisor of elections shall not permit any declaration of candidacy and cer- tificate of a candidate for election as such delegate or alter- nate to be filed unless accompanied by such statement in writing; providing always, however, that the name of no candidate for the presidency shall be so used without his written consent. The name of such first and second choice for nomination as candidate for the presidency of each candidate for election as such delegate or alternate shall be printed and appear on the primary ballots immediately below the name of such candidate in such a way as to clearly disclose the preference of each candidate. Each Chap. 6 PRIMARY ELECTIONS. 87 candidate for election as such delegate or alternate may also file along with his declaration of candidacy and cer- tificate a statement in writing signed by him in the follow- ing form : Statement of candidate for election /I, .X Form of slate- ( alternate} ment of can- as (delegate) to the (here insert name of political party) *^"^**®" national convention. I hereby declare to the voters of my political party in (alternate) the state of Ohio that, if elected as (delegate) to their na- tional party convention, I shall, to the best of my judg- ment and ability, support that candidate for president of the United States who shall have been selected at this primary by the voters of my party in the manner provided in this chapter as their candidate for such office. (alternate) For signature of candidate for (delegate) (106 V. 543.) Section 4955. At a primary election which shall be Presidential held on the last Tuesday in April in the year 1916 and sim- ?rfmYry.^^ ilarly in every fourth year thereafter the qualified voters of the several political parties shall be given an opportunity, on separate party ballots provided for that purpose and apart from those for other offices, to express their preference as to the nominees for their respective parties for president and vice-president of the United States in the following Nomination manner: Nomination papers for each candidate for nom- ami^he^^flied. ination for president or vice-president may be filed in the same manner as for candidates for a state office, except that any such candidate may designate any duly qualified elec- tor of the state who is a member of the same political party, Declaration of /IS his representative, who may sign tlie declaration herein ^^"^'*^^^y- provided for, in w^iich case such candidate for nomination as president or vice-president shall not be required to sign or file any petition, affidavit, declaration, statement or paper of any kind to get his name upon the ballot at such primary. Any candidate for nomination for the office of president or vice-president, may on or before the forty-fifth day before withdrawal of the date of such primary, withdraw his name as a candi- Sidate.*^ *^*" date for such office and notify the state supervisor of elec- tions that he is not a candidate for such nomination and that he does not wish his name to be printed upon the ballot for such election, in which event said state supervisor shall not cause nor permit such name to be or appear on such Names of can- ballot. Not less than forty days before the primary the cenm'ld^to" ^^ state supervisor of elections shall certify the names of all gujej^jgo^**® candidates for such nominations which have been duly pre- sented and not withdrawn, to the boards of deputy state supervisors of the several counties in the state who shall enter such names on a separate ballot from that containing the names of candidates for other nominations. Separate tickets shall be provided for each political party on which S8 PRIMARY ELECTIONS. ihap. 6 Separate ticketo for each political party; form of kallot. Refipult of rete certified to state superTtsor. CanraM of re- turns aad certifi- cation of result. When nomlDA- tlona certified to boards of deputy state superTlaors. Controlling committees elected by direct vote. State central committee — one member from each congressional district. District commit- tee — the chair- man of each of the ereveral county central committees. County central committee — one member from each precinct, or from each WArd and township. Committeemen shall be chosen by direct Tot«. How candidates shall be nom- inated. the names of the candidates of such party shall be printed. Such tickets shall conform, as nearly as practicable, to the form of the ballot provided in this title for the nomina- tion of candidates for state offices. At the head of each ticket there shall be printed the words ''Presidential Prefer- ence Ticket." The ballots voted at such election shall be deposited in separate ballot boxes and shall be counted and the result of the vote thereon certified by the boards of deputy state supervisors of elections of the several counties of the state to the state supervisor of elections in the man- ner provided for certifying the returns of the vote at such primary for candidates for the nomination as state officers. Such state supervisor shall canvass these returns in the manner provided by law for canvassing the returns in the case of candidates for nomination as state officers and shall forthwith certify the results of such canvass as regards the candidates for nomination in each political party to the persons chosen as delegates or alternates to the national convention of such party. (106 v. 545.) Section 4956. Not less than forty days before the date of any primary election the state supervisor of elec- tions shall certify to the several proper boards of deputy state supervisors the nominations filed with him together with forms of official ballots for the use of each board and such boards shall cause all such nominations to be entered on the proper primary ballots in their respective counties. (103 V. 480.) Section 4959. All members of controlling committees of political parties shall be elected, by direct vote, except as otherwise provided herein. Their names shall be placed upon the official baUot as hereinafter provided. The per- son receiving the highest number of votes for committee- man shall be the member of such controlling committee. (103 V. 480.) Section 4960. The controlling committees of each vol- untary political party or organization shall be a state cen- tral committee, consisting of one member from each con- gressional district in the state; a district committee for each district in the state, including congressional districts, which shall consist of the chairman of the county central committees of the several counties composing such district ; a county central committee, consisting of one member from each precinct in the county, or of one member from each ward and township in the county as the outgoing commit- tee may determine, and the members of the central commit- tee chosen from a city shall constitute a city committee. All of the members of such committee shall be chosen by direct vote at the primary held in the even numbered years. Can- didates for election as state central committeemen may be nominated in the same manner as is herein provided for the nomination at primaries of candidates for district offices and candidates for election as members of the county cen- tral committee may be nominated in the manner provided in section 4969 of the General Code. Existing state, dis- trict, county and city committees shall continue to act and Chap. 6 PRIMARY ELECTIONS. 89 Term of servJc* ; raeandes. be recognized as such, until their succesvsors are chosen as herein provided. Where a judicial subdivision or district when county or congressional district is included within a county, the miuee^hin' members of the county central committee who are residents "^^^Stf ^^^'^^ of such district shall also act as the judicial or congressional *^°™" ***' committee. (106 v. 544.) Section 4961. Within fifteen days after their selec- Time for or- tion all such state and county central committees shall meet commute^!."' and organize by the election of a chairman and secretary, and shall elect an executive committee. (103 v. 480.) Section 4962. All party controlling committees, the selection of which is herein provided for, shall serve for two years and until their successors are selected. In case of vacancies caused by death, resignation or removal from the territory from which the committeeman was chosen, the committee of which he was a member shall fill the vacancy by majority vote. (99 v. 217 § 10.) Section 4963. Primaries under this chapter to nom- nate candidates for members of the house of representatives in the congress of the United States, and for all elective state, district and county offices, and to select committeemen, shall be held in each county at the usual polling places on the second Tuesday in August of the even numbered years ; and primaries under this chapter to nominate candidates for township and municipal offices, justices of the peace and members of boards of education shall be held in each county at. the usual polling places on the second Tuesday in August of the odd numbered years: Provided, however, that in a municipality organized under any of the provisions of sec- tions 3515-1 to 3515-71, both inclusive, of the General Code and in townships lying wholly within and the boundaries of which are co-extensive with the boundaries of such mu- nicipality, primaries under this chapter to nominate candi- dates for all offices not provided for in the plan of govern- ment under which such municipality is organized shall be held in such municipality at the usual polling places on the same day on which primary elections are held to nominate the officers of such municipality provided for in its plan of government. Primaries to nominate candidates for United States senator shall be held on the second Tuesday in Au- gust of the years in which such senators are to be elected. (107 0. L. 400.) Section 4964. When a call is issued for a special election, except as otherwise provided by law, the date of the primary shall be fixed at the same time and in the same manner by the authority calling such special election, which primary shall be held at least two weeks prior to the time fixed for such special election. Declarations of can- didacy and certificates for such primary shall be filed and fees shall be paid at least ten days before the date of hold- ing the same and such election shall be called so as to allow at least five days for preparing and filing such nominatioii papers. Time of holding primaries for state, district and county candidates. Primaries for township and municipal can- didates. Primaries in municipalities under optional plan of eoT- emment. Primaries for nomination of U. S. senator. Primary for special election how fixed. Declaration of candidacy : time of; fe«. 90 Special election for senator or representative ; nomination of candidates. PRIMARY ELECTIONS. Chap. 6 rowers and duties} of boards of deputy state super- visors. Nominations for oflSces not heretofore provided for, Deqlaration of candidacy : date of filing ; fee. Section 4964-1. When a special election is called for senator or representative in the general assembly, following a date sixty days prior to the primary election in August in any year, nominations may be made to fill such vacancy by petition as required by law, but candidates of a voluntary political party shall be chosen by petition bearing only the signatures of a majority or all of the members of the con- trolling committee or committees of such party; and the candidate whose petition bears the signature of a majority of the members of such controlling committee or commit- tees shall be declared the nominee of such party and his name shall be placed on the ballot of such party as provided by law in the case of a person regularly nominated at a primary election for such office. Section 4967. County boards of deputy state super- visors of elections shall have all the powers granted and perform all the duties imposed by the laws governing gen- eral elections, including furnishing materials and supplies, printing and distributing ballots, providing voting places, protecting electors, guarding the secrecy of the ballot, and making rules and regulations not inconsistent with law, for the guidance of election officers. All statutory provisions relating to general elections, including the requirement that part of such election day shall be a legal holiday, shall, so far as applicable, apply to and govern primary elections. (103 V. 481.) Section 4969. All nominations for offices or places on the primary ballot other than those heretofore provided for shall be made by the payment of the proper fees and by the filing of declarations of candidacy and certificates, which shall be filed with the board of deputy state super- visors at least sixty days before the day for holding the primary election. Such declarations of candidacy shall be signed and acknowledged by the person desiring to become a candidate and shall be accompanied by the certificate of five electors of the county, municipality, precinct, ward or other political subdivision for w^hich such nomination is to be made and shall be in the form hereinafter provided. Where the term "nomination paper" or "nominating petition ' ' is used in this chapter it shall be held to include "declaration of candidacy" and any other paper required by law to be filed by a person seeking to become a candi- date at a primary election. A court will not compel a board of deputy state supervisors to hear and determine objections to the nomination of candidates for office, the determina- tion of which requires a recount of the ballots cast at the primary election, where the written objections are filed after the time fixed by statute for the destruction of these ballots. State, ex rel., v. iSwan, 91 O. S. 61. A nominating petition of one seeking to qualify as a candidate in an election to be held on November 2d may be filed as late as September 3d. State, ex rel., V. Board of Deputy State Supervisors, 93 0. S. 14. Under the provisions of this section the period for filing nomination petitions does not expire until the end of the sixtieth day previous to the day of election, and it is the duty of the board of deputy state supervisors of elections' to pro- vide opportunity for the presentation of the petitions up to midnight of that day. State, ex rel., v. Board of Deputy State Supervisors, 93 0. S. 14. Where a statute requires that an act be performed a fixed number of days previous to a specified day, the last day should be excluded and the first day included in making the computation. State, ex rel., v. Board of Deputy State Supervisors, 93 0. S. 14. chap. 6 PRIMARY ELECTIONS. 91 Section 4969-1. In case of declarations of candidacy for candidates for public office in a municipality or school district situated in more than one county, such declarations shall be filed as above limited with the board of deputy state supervisors of tlie county containing the majority population of such municipality or school district, which board shall certify the same forthwith to the board or boards of the county or counties containing the other parts of such municipality or school district. When a fee is re- quired such fee shall be paid into the treasury of the county in which such declaration of candidacy is filed. When such board or boards of the county or counties con- taining the other part or parts of such municipality or dis- trict shall have canvassed the returns of the primary in such municipality or district received by them they shall certify the result to the board of the county containing such majority population which board shall ascertain and declare the result of the primary and shall forthwith cer- tify the name or names of the successful candidate or can- didates to the boards of such other counties to be placed on the official ballot at the election. (106 v. 545.) Section 4970. The name of no candidate for office or for committeeman or delegate or alternate shall be printed upon an official ballot used at any primary unless prior to the beginning of the period limited by law, a declaration of candidacy and certificate shall have been filed with the state supervisor of elections or with the board of deputy state supervisors in his behalf in substantially the following form : Nominations where district situated in more than one county. Declaration of candld.icy ; time and place of fllinK , fee and where paid. Canvassing re- turns and cer- tifying results in such caseij. What names shall be printed on the ballot. DECLARATION OF CANDIDACY FOR THE OFFICE OF PRESIDENT OR VICE-i'RESIDENT OF THE UNITED STATES. I, hereby declare that I am a Forms of dec- resident of the state of and a qualified camiidacy. elector of such state. I am a member of the party and am a candidate for nomination to the office of subject to the action of the national convention of such party, to which delegates will be elected in the state of at a primary to be held on the day of 19. ... I hereby request that my name be printed on the official primary ballot as provided by law as a candidate of the party, and further declare that if nominated and elected, I will qualify as and will support and abide by the principles of the party as adopted and declared in its national platform. Dated this day of 19. . .. Witnessed by Signature of candidate or authorized representative. ^ PRIMABT ELECTIONS. Qhap. 6 DECLARATION OF CANDIDACY FOR OFFICE OTHER THAN THAT OF PRESIDENT OR VICE- PRESIDENT OF THE UNITED STATES. I, / hereby declare that I reside at No. street, in the of (or in precinct township) county of Ohio, and am a qualified elector therein. I am a member of the party and intend to vote for a majority of the candidates of such party at the coming election. At the last general election (did not vote) (I voted for a majority of the candidates of such party at such election). I hereby declare myself a candidate for nomination to the office of to be made at the primary election to be held on the day of ,19 , and hereby request that my name be printed upon the official primary ballot as pro- vided by law as a candidate of the party. I further declare that, if nominated and elected, I will qualify as and that I will support and abide by the principles enumerated by the party in its national platform and in its platform in this state adopted during the present year. Dated this day of 19 Signature of candidate. The State of Ohio, County of ss. Personally appeared before me the undersigned a in and for said county, this day of A. D. 19 . . . . , the above named , who acknowledged the signing of the above declaration to be his free act and deed and that the statements made therein were true as» he verily believed. Witness my hand and official seal on the day and year last aforesaid CERTIFICATE OF FIVE ELECTORS WHICH SHALL BE FILED WITH EACH DECLARATION OF CANDIDACY. oreiectow ^^' ^^^ undersigned, qualified electors of the state of Ohio, and of the county, city, township, ward and precinct set opposite our names, and members of the party, hereby certify that who resides at No on street of city of or (in the township of ) in the county of , and who is a candidate for the office (or position) of (here specify office or position) to be voted for at the Chap. 6 PRIMARY ELBCnONS. 93 primary next hereafter to be held, and whose declara- tion of candidacy is herewith filed, is a member of the r party, and is well qualified to perform the duties of the office for which he is a can- didate. Signatures Residence Ward Precinct Township The State of Ohio, County of ss. Personally appeared before me the undersigned, a , in and for said county, this day of A. D. 19 above named , , and who each severally acknowledged the sign- ing of the above certificate to be his free act and deed and that the statements made therein were true as he verily believed. Witness my hand and offiqial seal on the day and year last aforesaid In the case of a candidate for office other than for committeeman, delegate or alternate or president or vice president of the United States, the proper fee must also be • paid at the time of filing the declaration of candidacy. (106 v. 546.) Under the existing law providing for primary elections a voter who is aflail- ated with one party can not be nominated at such primary as a candidate for office upon a ticljet of any other party. State, ex rel., v. Graves, 91 0. S. 36. The action of the board of deputy state supervisors and inspectors of elec- tions in rejecting a nomination paper on the ground that it does not contain the names and addresses of persons to the number of five or less as a committee who might fill vacancies caused by death or withdrawal is final, and such action can not be reviewed by mandamus. Board of Deputy State Supervisors v. State ex rel., 10 0. C. (N. S.) 244: citing Chapman v. Miller, 52 0. S. 166; Randall V. State, ex rel., 64 0. S. 57 ; State, ex rel., v. Jones, 74 0. S. 418. Section 4970-1. At the time of filing the declaration of Fee required candidacy for nomiaation for any office, each candidate '^^^ '^*^®^® p*'*- shall pay a fee of one-half of one per cent., of the annual salary for such office, but in no case shall such fee be more than twenty-five dollars. All fees so paid in the case of candidates for state offices, office of United States senator and congressman-at-large, shall forthwith be paid by the officer receiving the same into the treasury of state. All other fees shall be paid by the officer receiving the same into the treasury of his county to the credit of the county fund. No fee shall be required in the case of candidates candidates from for committeman or delegate or alternate to a convention J'^^fJ.gJ® '*' or for president or vice-president of the United States, nor for offices for which no salary is paid. (106 v. 548.) Section 4973. Each candidate shall state in his decla- Declaration of ration of candidacy that he will qualify as such officer if Xt^'lJ^s'hln nominated and elected, and each candidate shall also state contain. in his declaration that he will support and abide by the u PRIMARY ELECTIONS. Chap. 6 principles enumerated by his political party in such national ' or state platform as may have been adopted by it prior to \ such primary in the year in which he is seeking such nom- j ination, or which may be subsequently adopted. Protests against candidacy ; where filed. Hearing and determination of protests. Transmission of certificates. Note : — Candidates for delegates and committeemen must file declarations of acceptance the same as any other officer. Section 4974. Protests in writing against the candi- dacy of any person seeking to become a candidate of any political party may be filed only by a recognized member of such party or by the controlling committee thereof. Such protests shall be filed with the state supervisor of elections in all cases in which the declaration of candidacy shall have been filed with him and in cases in which such paper shall have been filed with a board of deputy state supervisors the protests shall be filed with such board. In the case of pro- tests filed with the state supervisor of elections he shall hear and determine the same and his decision shall be final. In the case of protests filed against the candidacy of a person in a district comprising more than one county the same shall be heard and determined by the chief deputies and clerks of the board of deputy state supervisors of the sev- eral counties comprising such distrtict and their decision shall be final. In the case of protests filed against candi- dates for county offices or offices of a district lying within a county, the same shall be heard and determined by the board of deputy state supervisors of such county and its decision shall be final. In case of candidates for office in municipalities or school districts situated in more than one county, the same shall be submitted to the board of deputy state supervisors of the county in which the declaration of candidacy were filed and its decision shall be final. If it is found that such candidate is not an elector of the state, or of the district or county in which he seeks to become a candidate, or has not fully complied with the provisions of law as herein provided, his name shall be withdrawn and shall not be printed upon the ballot; but no declaration of candidacy shall be rejected for mere technical defects. Cer- tificates shall be transmitted in the manner provided in this title for the transmission of certificates of nomination. (106 V. 549.) Provision as to registration. A court will not compel a board of deputy state supervisors to hear and | determine objections to the nomination of candidates for office, the determination i of which requires a recount of the ballots cast at the primary election, where the \ written objections are filed after the time fixed by statute for the destruction of ; these ballots. State, ex rel., v. Swan, 91 0. S. 61. .1 Section 4975. The board of deputy state supervisors \ in municipalities where registration of electors is required I by law, shall, prior to any primary election, make such pro- 1 vision as shall be necessary and reasonable for the transfer ] upon the registration books and the registration of all per- i sons, not previously registered, who may qualify themselves j to vote at the ensuing November election. No person shall J be admitted to vote at any primary election, in such mu-j Chap. 6 PRIMARY ELECTIONS. 95 ! nicipalities, unless he shall have caused himself to be reg- \ istered as an elector therein, in the manner provided by law < for the registration of electors. (99 v. 220 § 22.) ,"1 Section 4976. Separate tickets shall be provided for separate party j eaeh political party entitled to participate in such primary. aSd'form^SJ^"*" j Such tickets shall contain the names of all persons whose ^*"^*- 1 names have been duly presented and not withdrawn. The ' ballots shall conform, as nearly as practicable, to the form - of the ballot provided in this title for the use of electors in ; the election of public officers, except that no device or ^ circle shall be used at the head of such tickets. They shall PrintinK of bai- \ be printed and prepared as follows: the whole number of Kames^o?" ballots to be printed for the nomination of persons as can- f^andidates. i didates for each of the offices for which nominations are to I be made shall be divided by the greatest number of persons j whose names have been duly presented for any office and j not withdrawn and the quotient shall be the number of - ballots in each series of ballots to be printed as follows : the ] names of persons so duly presented as candidates for nomi- j nation and not withdrawn shall be arranged in alphabetical 1 order and the first series of ballots printed; then the first : name shall be placed last and the next series printed, and t so shall the process be repeated until each name shall have ; been first. The ballots shall then be combined in tablets by " ' selecting one from each series of ballots in regular order | and so repeating, so that no two of the same order of names , j shall be together, except when there is but one candidate for any said nominations. The back of each of said bal- ^n tauX"* lots shall bear the official signature of the members of the board of deputy state supervisors of elections and shall ^ ] have printed thereon the words ''Official Ballot" and ''Pri- • mary Election" and the name of the political party for which such ballot is printed. (107 0. L. 25.) \ NoTE : — There must be a separate space on the ballot for each office, for which a nomination is to be made. Atty. Gen. 4-7-10. The ticket at a primary may be printed in more than one column, if more ^ convenient for the board of deputy supervisors or the electors. -; An elector who has filed nomination papers may withdraw his name as a ' candidate. After a candidate has withdrawn his name and his withdrawal has Withdrawal. i been accepted by the board, the board is without authority to reconsider its i acceptance, and such elector may thereafter have his name placed upon the offi- cial ballot only by nomination papers, as' provided in the first Instance. Atty. . ' Gen. 5-6-10. -i The voter may write in a blank space, or substitute for any name on his «! party ballot, the name of another person of the same political party faith. Atty. •. Gen. 10-9-09. ( Under the existing law providing for primary elections, a voter who is" affili- j ated with one party can not be nominated at such primary as a candidate for ! office upon a ticket of any other party. State, ex rel., v. Graves, 91 0. S. 36. : j Section 4977. On each day designated in this chap- JjJ^ducre'd '^°'^ ^ ter for holding primary elections, a full board of election -\ officers shall be assigned to duty at each* polling place, and such election officers shall jointly conduct the election as i to all parties. The regular judges and clerks of elections j shall be the judges and clerks of primary elections, and ] shall be charged with the same powers and duties, and be ■ subject to the same penalties as are provided by law for • the conduct of general elections. There shall be separate \ 96 PRIMARY ELECTIONS. Chap. 6 Challengers and witnesses. ApplicatloB. Inspection. Unlawful to ex- hibit ticket within one hundred feet. poll books, tally sheets and ballot boxes provided at each voting place for each party participating in the election, and the ballot of each voter shall be placed in the ballot box of the party with which he affiliates. Each ballot box shall be plainly marked with the name of the political party whose ballots are to be placed therein, by letters printed thereon or by a card attached thereto, or both, and so placed that the designation may be easily read. (99 v. 220 § 24.) Section 4978. Upon application in writing of the respective controlling committees, the judges of election shall admit to the polling room one challenger and one wit- ness for each candidate whose name appears on the ballot for the office at the head of the ticket. Such challenger and witness shall be appointed in writing by the candidates on whose behalf he serves. Such challengers and witnesses shall have the same privileges and be subject to the same regulations as are prescribed by law for the challengers and witnesses at general elections. The judges of election of each precinct, upon the writ- ten application of any five or more candidates, shall admit to the polling room one challenger and one inspector. The applications must be signed by the candidates in person in the presence of two witnesses. No candidate shall sign an application for more than one challenger and one in- spector at any one polling place. Such inspector shall have the right to inspect the ballots and ballot box before the voting begins, and the challenger shall have such rights and privileges and be subject to the same regulations as are prescribed by law for challengers at general elections. The inspector shall have the right to enter the polling place at any time after five o'clock in the afternoon and remain until the ballots are all counted. He shall have the right to inspect the ballot box, tally sheets and poll books and also to witness the counting of the ballots, and inspect the same while being counted, or afterwards. A person serv- ing as challenger is eligible to serve as inspector. All of the judges and clerks conducting said primary election shall participate in the count and tabulation of all the votes cast. Any judge who refuses to admit to the polling place any challenger, or inspector, who presents a proper application signed and witnessed as herein provided, or any challenger, or inspector, who knowingly presents a false application to the judges of election, shall be fined not less than fifty dol- lars nor more than two hundred dollars and imprisoned in the county jail not less than thirty days. Section 4979. During the time the polls are open, it shall be unlawful for any person within one hundred feet of the polling place of any primary election to give, tender, or exhibit any ballot or ticket to any person other than to a judge of the election, or to exhibit any ticket which he intends to cast, or within such distance so solicit or in any way attempt to influence any elector in casting: his vote. (99 v. 224 § 41.) Chap. 6 PRIMARY ELECTIONS. 97 Who may rote; causes of Oath. Section 4980. At such election only legally qualified electors or such as will be legally qualified electors at the next ensuing general election may vote and all such electors may vote only in the election precinct where they reside, and it shall be the duty of the challengers and of the judges, and the right of any elector, whenever there is reason to doubt the legality of any vote that may be offered to inter- pose a challenge. The cause of a challenge shall be : That the person challenged has received or been promised some valuable reward or consideration for his vote; that he has not previously affiliated with the party whose ticket he now desires to vote. Affiliation shall be determined by the vote of the elector making application to vote, at the last general election held in even numbered years. (99 v. 221 § 26.) Note : — A minor who will be qualified to vote at the election next succeed- ing a primary election may vote at such primary. Atty. Gen. 8-30-07. Women may vote for candidates for nomination on the party tlcketa for mem- bers of the board of education. Atty. Gen, 6-14-09, Section 4981. Before any challenged person shall be allowed to vote, he shall make and subscribe an affidavit duly sworn to, before one of the judges, who are hereby authorized and empowered to administer such oaths, blanks for which shall be furnished by the board of deputy state supervisors, giving age, residence, nationality, citizenship party allegiance, length of residence in the voting precinct, county and state, and all other facts necessary to -disclose whether he is a legal voter at such election, which affidavit shall be returned to the office of the board with the poll books and tally sheets. (99 v. 221 § 27.) Section 4982. If a person challenged refuses to be sworn, or being sworn, refuses to answer any questions, or if his answers show that he lacks any of the qualifications herein required to make him a legal voter at such primary election, his vote shall be rejected. The judges, or either of them, shall have the power to make further investigation, and he or they may call and examine witnesses as to the qualifications of the person challenged, and, if the judges of the party to which the person asking the ticket claims affiliation are not satisfied that he is a legal voter under this chapter, they shall reject his vote. (90 v. 221 § 27.) Section 4983. At the close of the polls, the judges caHTtaa tf and clerks shall proceed without delay to canvass the vote, ^'***' sign and seal it, and make return forthwith thereof to the board of deputy state supervisors. If there are any tickets cast and counted or left uncounted concerning the legality of which there is any doubt or difference of opinion in the minds of the judges of elections, they shall be sealed up and marked, "disputed ballots," and returned to such board, with the statement as to whether they have or have not been counted, and, if counted, what party and for whom. Such ballots shall be preserved by the board for such ju- dicial or other investigation as may be ordered by the tOM- 4— B. L. WfcMI. PRIMARY ELECTIONS. Chap. 6 trolling committee of the party for whom they were voted. [ (99 V. 221 § 228.) ! Canvass of vote and cer- tifying result by deputy state supervisors. Time when forms of ballots shall be certified to boards. Per cent of ballots written on required to nominate at pri- mary when no nominating peti- tion filed. Note :— The board is without authority to hear evidence to contradict or explain the tally sheets, or act upon information not appearing on their face, or to open or count ballots returned by the precinct ofBcers, as uncounted ballots, concerning the legality of which, doubt or difference of opinion existed in the minds of the judges of election. State ex rel. v. Tanzy et al., 49 0. S. 656. Section 4984. On the following Thursday after the primary at ten o'clock forenoon the board of deputy state supervisors of elections of each county shall meet and can- vass the vote and certify the result or declare the same in the manner hereinafter provided. The controlling commit- tee of any party participating in the primary may have one representative present during the canvass of the vote. In the case of candidates for nomination by primary whose nomination papers are required to be filed with the state supervisor of elections such boards of deputy state super- visors shall, on blanks provided for that purpose, make full and accurate returns of votes cast for each candidate and shall certify duplicate copies thereof to the state supervisor who shall proceed to canvass all of the votes cast for the respective candidates above mentioned and shall declare the result, and shall, not less than forty days before the election, certify the same together with a form of official ballot therefor to the proper boards of deputy state super- visors of the several counties of the state. In case of nomi- nations for offices in districts comprising more than one county, the boards of deputy state supervisors of elections in such counties shall certify the results of the primary as regards such district candidates to the board of deputy state supervisors of the county in such district in which the nom- ination papers were originally filed, which board shall pro- ceed to canvass all of the returns so made of the votes cast for the respective candidates and shall declare the result and certify the names of the successful candidates to the boards of deputy state supervisors of the several counties comprising such district to be placed on the ballot. In case of nominations for offices within a county the results of the primary shall be declared by the board of deputy state supervisors of such county. (103 v. 484.) ^ Section 4984-1. That in the event of any office for which nominations are sought to be made at any primary election, and for which no nominating petitions or declara- tions of candidacy have been filed within the time prescribed by law by or in behalf of any candidate of a political party, so that in so far as such office is concerned, there is a vacancy on the primary ballot to be nominated, no valid nomination shall be made for such office unless the name of the person attempted to be nominated and receiving the highest number of votes for said office, shall have been written on at least eight per cent of all the ballots contain- ing such vacancy, which have been voted at such primary election. (106 v. 207.) Chap. 6 PRIMARY ELECTIONS. 99 \ Section 4985. When Hie pirraary has been held to nominees' must make nominations of candidates to be voted for at the en- be placed ■ suing November election, the board of deputy state super- ^^°^ ^*"°'' ' visors shall place the names of the persons so nominated ^ upon the official ballot as the candidates of the respective ] political parties nominating them. (99 v. 222 § 30.) Section 4986. If the primary has been held to elect election* to* del ' delegates and alternates to a national convention, the sev- gates and eral boards of deputy state supervisors and the state super- »"e''"**«s- ] visor of elections shall perform the same duties with regard to such election as with regard to the nomination of candi- - lates for state and district offices. Returns shall be made \ and canvassed in a similar manner as for state and district j offices and such state supervisor, or boards of deputy state j supervisors, shall, without fee, make and, upon demand, deliver to the persons who may have been chosen, certifi- j cates of their election. And no other delegate or alternate J sliall be entitled to sit, or participate, in such convention. j A list of the delegates and alternates of each party who i may have been chosen, shall be filed and kept in the office j of such state supervisor for one year. (103 v. 485.) \ Section 4987. If members of a state central commit- certificates of ; tee have been elected at any primary election, the several members of j boards of deputy state supervisors and the state supervisor committee. ] of elections shall perform the same duties with regard to j the election of such committees as with regard to the nomi- ^ nation of candidates for district offices. Returns shall be j; made and canvassed as for such nominations. And said ; state supervisor shall, without fee, and upon demand, de- ■ liver to the persons elected, certificates of their election. A list of committeemen of each party who may have been thus ; chosen shall be filed and kept in the office of such state \ supervisor of elections for two years and it shall" be the i official roll of the committee. In like manner if members \ of a county central committee or delegates to a state con- J vention have been elected the board of deputy state super- i visors of elections shall perform the same duties with re- ! gard to the election of such committeemen as with regard j to the nomination of candidates for township offices. Re- j turns shall be made and canvassed as for such nominations , and said board of deputy state supervisors shall without ■ fee, and upon demand, deliver to the persons who may have been chosen certificates of their election. A list of commit- List of commit- teemen of each party who may have been chosen shall be ofBce of state \ filed and kept in the office of such board for two years and supervisor. , it shall be the official roll of the committee. (103 v. 485.) j Section 4988. When at any primary there is a tie {^J^ined"in ***' ! vote for nomination or election in any case in which the cases of tie nomination papers have been filed with the state supervisor ^°*®- J of elections the candidates having the highest and equal • number of votes shall, after due notice, within ten days and ] in the presence. of such state supervisor at the time and i place to be fixed by him, determine the result by lot. If ^ lt« PRIMARY ELECTIONS. Ghap. 6 IS^'SSSt they fail to do so, such state supervisor shall determine the result in a similar manner. In the event of a tie vote in other cases the candidates having the highest and equal number of votes shall, after due notice, within five days in the presence of the board of deputy state supervisors with which the nomination papers were filed at a time and place to be fixed by such board, determine the result by lot and if the candidates fail to do so such board shall be author- ized to determine the same in a similar manner. (103 V. 486.) Section 4989. In case of a vacancy or vacancies m the list of nominations occurring by death or otherwise, after the result has been declared, such vacancy or vacan- cies shall be filled by the proper controlling committee of the party in which such vacancy, or vacancies, occur, and the names of the candidates, delegates or committeemen, as the case may be, selected by such committee, shall, in the case of offices, the nomination papers for which have to be filed with the state supervisor of elections be reported to such state supervisor and, in the case of other offices, shall be reported to the proper board or boards of deputy state supervisors, and such state supervisor or board, or boards, shall cause such name or names to be placed on the official ballots, lists or rolls. (103 v. 486.) Note : — This procedure applies to vacancies occurring after the declaration of the result of the primary election, and to vacancies in the list of nominations actually made at the primary election only. Atty. Gen. 8-13-09. This section does not authorize the filling of a vacancy resulting from fail- ure to nominate a candidate for such office at the primary election. Atty. Gen. 8-18-09. See Sec. 4984-1. OmpciisatlOB ef election •fleers. Section 4990. For their services in conducting pri- mary elections, members of boards of deputy state super- visors shall each receive for his services the sum of two dollars for each election precinct in his respective county, and the clerk shall receive for his services the sum of three doUars for each election precinct in his county, and judges and clerks of election shall receive the same compensation as is provided by law for such officers at general elections. (99 V. 223 § 35.) Provisions of G. C. Sec. 4990 are not inconsistent with Art. V, Sec. 7, of the amendments of 1912 to the constitution, and by the provisions of that section of the statutes each member of the board of deputy state supervisors of elections is entitled to receive, as compensation for his services in conducting a primary election provided for by this section, to be held in September of odd numbered years, the sum of two dollars for each precinct In his county whether primary elections were actually held In all of the precincts of his county or not. State, ex rel., v. Hogg, 1 Ohio App. 205. 19 0. C. C. (N. S.) 55, 24, 0. C. D. 354, 58 Bull. 489 (Ed.). Szpenaes. bow apportioned and paid. Section 4991. All expenses of primary elections, in- cluding cost of supplies for election precincts and compen- sation of the members and clerks of boards of deputy state supervisors, and judges and clerks of election, shall be paid in the manner provided by law for the payment of similar expenses for general elections except that the expenses of primary elections in political divisions less than a countf Qhftp. 6 PRIMARY KLBCnOKS. UA \ shall be a charge against the township, city, village or polit- 'I leal division in which said election was held, and the amount j so paid by the county shall be retained by the county auditor, from funds due such township, city, village or '. political division, at the time of making the semi-annual j distribution of taxes. The amount of such expenses shall 1 l)e ascertained and apportioned by the deputy state super- j visors to the several political divisions and certified to the ■ county auditor. In municipalities situated in two or more ' counties, the proportion of expense charged to each of such ^ counties shall be ascertained and apportioned by the clerk '; or auditor of the municipality and certified by him to the : several county auditors. i County commissioners, township trustees, councils, ^ boards of education or other authorities, authorized to levy ! taxes, shall make the necessary levy to meet such expenses. i (103 V. 510.) . ; Section 4991-1. In the year 1914, and every fourth Party platform, i year thereafter, the candidates for state offices, except 5Jhom *?rimed. .; judicial offices, the candidates for member of the general ! assembly, the members of the state executive and central ] committees and the chairmen of the county central and i executive committees of each political party which shall ' have selected candidates at the primary election of such ] year shall meet at such place as the state central committee ; of such party may designate on the second Tuesday after ! such primary and shall forthwith formulate the state plat- form of such party, which said state platform of each 1 political party shall be so framed at such time that it shall ] be made public not later than six o'clock in the afternoon ] of the following Thursday. (103 v. 486.) : CHAPTER 7. NOMINATION OF CANDIDATES. Section 4992. Nomination of candidates, 4993. Certificate of nomination. 4994. Certificate shall state committee to fill TAC&DCiCS 4995. Substitution of other party candidate by committee unlawful. 4996. Nominations of candidates for oflfices in townships and municipalities having less than 2,000 population. 4997. How nominations made. 4998. Names of nominees for board published. 4999. Nomination of candidates for other offices. 5000. Signers to name committee to fill vacan- cies. 5001. Signer pledged to vote for nominee. 5002. Oath by one of the signers, 5003. Contents of certificates. 5004. Where and when certificates and nom- ination papers shall be filed. Section 5005. When certificates and nomination papers deemed valid. Consideration of objections and other questions to nomination. Majority necessary; questions may be submitted to the state supervisor in cases of disagreement. Notice of objection must be given. Certified party name may be rejected, when. How vacancy on ticket filled or defect in certificate corrected. Certificate in case of filling vacancy. Vacancy caiised by death of candidate after ballots printed; adhesive slips or Vacancies shall be filled by central com- mittee. Device to designate party candidates. Transmission of certified copies of cer- tlflcatei. 5006. 5007. 5008 5009 5010. 5011. 5012. 5013. 5014. 5015. Nomination of candidates. Section 4992. Except as provided by the preceding chapter of this title, nominations of candidates for public office may be made as herein prescribed. (103 v. 843.) Note : — ^A citizen's ticket, nominated by petition, and which polled at least one per cent of the entire vote, does not entitle a similar ticket to a place on the ballot at a subsequent election, without a petition as provided by sections 4996 and 4999. Only those parties which have a state organization, and which cast the requisite number of votes in the entire state are entitled to representation on the ballot as a party. Where a "citizens' ticket" has been nominated by a caucus or convention and the certificate thereof filed with the board of deputy state supervisors, it is the duty of the deputy state supervisors to disregard and reject such ticket. The proper manner for electors to procure the nomination of a citizens' ticket is by petition. A ticket nominated by petition is not entitled to go under a party ticket, as a regular party ticket. A primary election must be held under the auspices of some party. Under the law there cannot be a nonpartisan primary. The method provided for placing a person on the ticket without regard to party is by petition. The requirements of Section 6 (89 0. L. 434) that certified nominations of candidates for public offices must be made by "convention, caucus, meeting of qualified electors, primary election held by siich 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 0. S. 620. A number of citizens cannot caucus for the purpose of nominating a ticket. A ticket may be nominated by caucus only by an existing political party. A citizen's ticket must be nominated by petition. A political party does not have the right to fill a vacancy on Its ticket by petition. A person who has been a candidate at the primary is not thereby prevented from circulating a petition to be an independent candidate, and persons who voted at the primary are not thereby prevented from signing the same. Sec. 4950 G. C. A political party casting more than one per cent of the total vote for state officers In the state is entitled to exercise rights under section 4992 In and with respect to any of the political subdivisions of the state regardless of the num- ber of votes cast by it in such subdivisions. Its rights under section 4992 are to be determined by the votes cast in the state at large for state officers. Atty. Gen. 4-28-10. Certificate of nomination. Section 4993. Each certificate of nomination shall state such facts as are in this chapter required for its acceptance and be signed by the proper officers of such convention, caucus, meeting, primary election or commit- tee, who shall add to their signatures their places of resi- (102) Chap. 7 NOMINATION OF CANDIDATES. 108 dence and postoffice addresses and make oath before an officer qualified to administer it 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. (89 v. 434 § 6.) Note : — ^Within the meaning of section 2966-18, Revised Statutes, the chair- man and secretary of a nominating convention are "proper officers" to execute certificate of nominations made by such convention. A person who acts as secretary of two rival conventions may he compelled by mandamus to execute certificates of nomination made by each convention. In order that rival candidates may present their claims for determination by the election board named in Section 2966-23, Revised Statutes, Upon an application of this character the court will conarider only questions relating to the relator's right to such certificate of nomination, leaving all ques- tions 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 0. S. 418. Political parties, being voluntary associations, the conventions of such parties are necessarily the sole judges of the elections, returns 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 delegates therein. In re Contempt v. Grear, Jr., 6 N. P. 312. Either political party may nominate and have placed on Its ticket as candi- dates for offices, persons who have been nominated for the same office by another political party. Gregg V. Rogers, 1 N. P. 117. Section 4994. Such certificate of nomination shall certificate shaii also state the names and addresses of a committee author- fo^mi racanciS. ized to represent such political party, and such committee may fill vacancies which occur in the list of nominations, unless it is otherwise specially ordered at the time of the selection of such committee and so certified. (89 v. 434 § 6.) Section 4995. When no nominations were made orig- substitution of inally for a particular office, it shall be unlawful for any Sidafe^by^oS-' committee appointed for the purpose of filling vacancies mittee unlawful, to name a candidate of another political party for such office or to so name a candidate nominated by petition. When the nomination of a candidate of one party is en- dorsed by another, it shall be done at the time and in the manner provided for original nominations. (98 v. 176 § 6a.) Note : — This section applies merely to the filling of vacancies by the con- trolling committee of a political party. A person nominated in compliance with law by a political party, may, by the circulation of petitions, become an Inde- pendent candidate and have his name appear twice upon the ballot at the munici- pal election as a candidate for the same office. Atty. Gen. 8-23-09. Section 4996. Nominations of candidates for any Nominations of elective office in any township or in any municipality which Sffllfi^fn^tJwn- at the last preceding federal census had a population of ^^JPfj.fp"utie8 less than two thousand may, be made by petitions, signed having less than in the aggregate for each candidate by not less than twenty- ^-^^^ population, five qualified electors of such township or village. (103 V. 844.) Section 4997. Nominations of candidates for the How nomina- office of membr- of the board of education shall be made "°"' '"*'*'• by nominating papers signed in the aggregate for each can- didate by not less than twenty-five qualified electors of the school district, of either sex, in village districts and in city school districts by not less than two per cent of the electors voting at the next preceding general school election in such city school districts. (103 v. 279.) 104 Names of nominees for board published. NOMINATION OF CANDIDATES. Chap. 7 Nominations of candidates for ottier offices. Signers to name committee to Qll racanclM. Signer pledged to vote for nominee. Oath by one of the signers. Section 4998. When nominations of candidates for member of the board of education have been made by nomination papers filed with the board of deputy state supervisors, as herein provided, such board of deputy state supervisors shall publish on two different days prior to the election a list of the names of such candidates in two newspapers of opposite politics in the school district, if there is such printed and published therein. If no news- paper is printed in such school district, the board shall post such list in at least five public places therein. (R. S. Sec. 3897a.) Section 4999. Nominations of candidates for other offices, may be made by petitions, signed for each candidate by qualified electors of the state or the district, or county for which such candidates, are nominated, not less in num- ber than one for each one hundred persons who voted at the next preceding general election in the state, district or county. (103 v. 844.) Section 5000. Signers of such nomination papers shall insert in them the names and addresses of such per- sons as they desire to the number of five as a committee who may fill vacancies caused by death or withdrawal. (97 V. 226 § 7.) Section 5001. Such nomination 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 signa- ture his place of residence and may subscribe to one nomi- nation to each office to be filled and no more. (97 v. 226 §7.) Section 5002. One of the signers to each such sepa- rate 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 § 7.) Note :— 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 candidate or candidates whose nominations are therein requested," operating uniformly and impartially upon all classes of electors and interposing no unreasonable impediment to the exercise of the elective franchise, is valid, state ex rel. v. Poston, 59 0. S. 122. Contents of certificates. Section 5003. Besides containing the names of can- didates, all certificates of nomination and nomination papers shall specify as to each candidate : 1. The office for which he is nominated ; 2. The party or political principle which he repre- sents, expressed in not more than three words: 3. His place of residence, with street and number thereon, if any. In nominations by petition, the certificate may desig- nate instead of a party or political principle any name or title which the signers may select. Candidates nominated by petition without distinctive appellations shall be certified Chap. 7 NOMINATION OP CANDIDATES. lOS 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 § 8.) Section 5004. Certificates of nomination and nomi- ^h^gn^ceSfflcate nation papers of candidates shall be filed as follows : of nomination For state officers, presidential electors, United States JSpe?s'iau"be Senator and congressman-at-large, with the state supervisor fi'«