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county, other than a member of the board, as clerk, both of which officers shall continue in office for one year. (R. S. Sec. 2966-4.)

SECTION 4812. The balloting for such officers shall Selection commence at or before one o'clock afternoon on the day of clerk. of convening, and at least one ballot shall be taken every twenty minutes until such organization is effected. The clerk shall be first selected by the votes of at least three members. If, after five ballots, no person shall be agreed upon as clerk, the clerk shall be selected by lot from two persons of opposite politics, to be nominated by the deputy supervisors, the two deputy supervisors of the same politics to name one candidate for clerk and the two deputies of opposite politics to name the other. (R. S. Sec. 2966-4.)

NOTE:-A justice of the peace may serve as clerk of the board of deputy state supervisors of elections. Atty. Gen. 11-30-1909.

SECTION 4813. After the selection of the clerk, the Selection of chief deputy shall be selected from deputies of opposite chief deputy. politics to that of the clerk. If, upon the first ballot, no person shall be agreed upon as chief deputy, the deputy of opposite politics to the clerk, having the shortest term to serve, shall be chief deputy and preside at all meetings. When such organization is perfected, the clerk shall forthwith report it to the state supervisor. (R. S. Sec. 2966-4.)

SECTION 4814. Before entering upon his duties, the Oath of clerk. clerk of the board of deputy state supervisors of elections for each county shall take and subscribe the following oath, which shall be filed with the clerk of the court of common pleas of the county where he resides:

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I do solemnly swear that I will support the constitution of the United States and of the state of Ohio and discharge the duties of a clerk of the board of deputy state supervisors for .......... county to the best of my ability and preserve all records, documents and other property pertaining to the conduct of elections placed in my custody. Signed ....

Sworn to and subscribed before me this

in the year

(91 v. 120 § 7.)

day of

(Title of officer.)

SECTION 4815. The clerk may be removed by the Removal of state supervisor or deputy state supervisors, for any viola- clerk. tion or neglect of duty or other good and sufficient cause, and such vacancy shall be filled by the deputy state supervisors from the political party to which such outgoing clerk belongs. (R. S. Sec. 2966-4.)

administer

SECTION 4816. The clerk may administer oaths to Clerk may such persons as are required by law to file certificates or other papers with the board, to judges and clerks of elec

oaths.

Board shall meet before each election.

Certificates of nominations and nomination papers.

General duties
of deputy
state super-
visors.

Investigation

of violations of election laws.

tion, and to witnesses who may be called to testify before the board. (R. S. Sec. 2966-4.)

SECTION 4817. The board of deputy state supervisors shall meet on the twelfth day before each election, and remain in session for such time as may be necessary, and adjourn to such day as their duties prescribed by law may require. (R. S. Sec. 2966-4.)

NOTE: It is the duty of the board to have a sufficient and proper room or office in which to transact the business of the board, and it is also the duty of the board to file and carefully keep all papers, documents and supplies filed with such board and necessary in the performance of his duties. For this purpose a proper desk and files, together with proper and necessary furniture for such room or office must be provided. The reasonable rent of such room or office, unless furnished by the commissioners at the Court House, together with the expense of such furniture, desk and files, are proper charges against the county, and should be paid out of the county treasury upon the order of the County Commissioners as other county expenses.

SECTION 4818. The state supervisor and the deputy state supervisors shall receive and file certificates of nominations and nomination papers, pass upon the validity thereof and certify them as provided by law. (97 v. 223 $ 8.)

SECTION 4819. The deputy state supervisors for each county shall advertise and let the printing of the ballots, cards of instruction and other required books and papers to be printed by the county; receive the ballots from the printer, and cause them to be securely sealed up in their presence in packages, one for each precinct, containing the designated number of ballots for each precinct, and make the necessary indorsements thereon as provided by law; provide for the delivery of ballots, poll books and other required books and papers at the polling places in the several precincts; cause the polling places to be suitably 1rovided with booths, guard rails and other supplies, as provided by law, and provide for the care and custody of them during the intervals between elections; receive the returns of elections, canvass them, make abstracts thereof, and transmit such abstracts to the proper officers at the times and in the manner provided by law, and issue certificates to persons entitled to them. (97 v. 223 § 8.)

Certificates of election may be issued after time within which returns must be made has expired. Atty. Gen. 12-24-1907.

SECTION 4820. The board of deputy state supervisors of each county shall investigate all irregularities or nonperformance of duty by an election officer that may be reported to it, or that comes to its knowledge and report the facts to the state supervisor of elections and to the prosecuting attorney of the county. The state supervisor or the board of deputy state supervisors shall order the prosecution of all offenses for violations of this title or any of

the laws of the state relating to the conduct of elections. (91 v. 121 § 9a.)

SECTION 4821. All proper and necessary expenses of the board of deputy state supervisors shall be paid from the county treasury as other county expenses, and the county commissioners shall make the necessary levy to provide therefor. In counties containing annual general registration cities, such expenses shall include expenses duly authorized and incurred in the investigation and prosecution of offenses against laws relating to the registration of electors, the right of suffrage and the conduct of elections. (R. S. Sec. 2966-4.)

NOTE: "Proper and necessary expenses of the board" applies to the expenses of the board as a whole, and cannot be made to apply to personal expenses or mileage of the members of the board in their attendance upon meetings.

The necessary expenses of the chief deputy and clerk while in attendance upon a meeting of the district board for the purpose of hearing objections arising in the course of the nomination of candidates of said district, may be allowed and paid as "proper and necessary expenses of the board," but no additional compensation can be allowed such officers in excess of the annual compensation otherwise authorized by law.

There is no provision for payment of compensation in such case, other than for "necessary expenses."

"All proper necessary expenses of such board, etc," does not include the expenses of the individual members of the board in traveling from their homes to the place of meeting of the board or otherwise incurred in attending such meeting.

Expense of members of board of deputy state supervisors of elections may be paid only upon allowance by county commissioners. Atty. Gen. 8-19-1907.

The question of employing clerks to assist the board of elections in canvassing and tabulating returns is for the deputy state supervisors and the county commissioners to determine. Atty. Gen. 11-12-1908.

The compensation for a necessary assistant to the board of deputy state supervisors of elections may be allowed and paid as necessary expenses; but the County Auditor cannot issue his warrant on the treasurer to pay for such service unless the amount has first been allowed by the County Commissioners. State ex rel. v. Craig, 21 C. C. 180.

Necessary expenses of

the board.

and clerks.

SECTION 4822. Each deputy state supervisor shall re- Compensation ceive for his services the sum of three dollars for each of members election precinct in his respective county, and the clerk shall receive for his services the sum of four dollars for each election precinct in his respective county. The compensation so allowed such officers during any year shall be determined by the number of precincts in such county at the November election of the next preceding year. The compensation paid to each of such deputy state supervisors under this section shall in no case be less than one hundred dollars each year and the compensation paid to the clerk shall in no case be less than one hundred and twenty-five dollars each year. Such compensation shall be paid quarterly from the general revenue fund of the county upon vouchers of the board, made and certified by the chief deputy and the clerk thereof. Upon presentation of any

Collation and election laws.

such voucher, the county auditor shall issue his warrant upon the county treasurer for the amount thereof, and the treasurer shall pay it. (R. S. Sec. 2966-4.)

NOTE: The compensation provided by this section is a yearly compensation including special as well as general elections. Atty. Gen. 11-12-1908.

If the number of precincts is increased at the November election in any year, such increased number of precincts shall not be regarded in fixing the compensation of the deputy supervisors for that official year, but the whole number of precincts, including such increase, shall be the basis for their compensation for the next succeeding official year. Atty. Gen. 1-21-1910.

SECTION 4823. The secretary of state shall collate and publication of publish from time to time all the election laws in force, applicable to the conduct of elections. A sufficient number of copies of such election laws shall be printed, bound in paper and distributed in proportion to the number of voting precincts in each county. Such distribution shall be made in each county by the deputy state supervisors thereof. (97 v. 222 § 5.)

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vice president.

SECTION 4824. On the first Tuesday after the first Electors of Monday in November in the year 1912, and every four president and years thereafter, the qualified electors shall elect a number of electors of president and vice president of the United States equal to the number of senators and representatives this state may be entitled to in the congress of the United States. No senator or representative in congress or other person holding an office of trust or profit under the United States or any law thereof shall be eligible as elector of president or vice president. (R. S. Sec. 2968.)

issue proclama

SECTION 4825. At least fifteen days before the time Sheriff shall for holding the election provided for in the preceding section of elec tion, the sheriff shall give public notice by proclamation tion. through his county of the time and place of holding such election and the number of electors to be chosen. A copy of such proclamation shall be posted at each of the places where elections are appointed to be held and inserted in a newspaper published in the county. (R. S. Sec. 2967.)

Time of holding elections

for elective

All county offices.

SECTION 4826. All general elections for elective state and county offices and for the office of judge of the court of appeals shall be held on the first Tuesday after the first state and Monday of November in the even numbered years. votes for any judge for an elective office except a judicial Vote for judge office, under the authority of this state, given by the general assembly, or by the people, shall be void. (103 v. 23.)

SECTION 4827. At least fifteen days before the holding of any such general election, the sheriff of each county shall give notice by proclamation throughout his county of the time and place of holding such election and the officers at that time to be chosen. One copy of the proclamation shall be posted at each place where elections are appointed

void, when.

Sheriff shall issue procla election.

mation of

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