also the right to designate one "witness" to serve in each voting place to see that the election is conducted regularly.1

the votes.

The elector votes a "straight ticket" by placing a Voting. cross in the circle at the head of the list of his choice. Otherwise he must make a cross in the blank space to the left of the name of each candidate for whom he votes; or he may substitute names himself and vote for them in the same way. The vote is not rejected on account of technical errors unless it is impossible to determine the intention of the voter.2 Persons unable to write may receive aid from a precinct officer. At the closing of the polls the number of persons who Canvassing have voted as shown by the poll-books is set down at the foot of the poll-books, and the books are signed by the judges and attested by the clerks. Then the ballotboxes are unlocked and the judges proceed to read off the ballots while the clerks keep tally or count for each of the candidates, and the results are recorded and proclaimed to the people present. The judges then burn the ballots in the presence of the clerks, except such as are of doubtful legality. These must be sealed up and sent to the county board with the returns of the election for investigation, that is, to be canvassed."

canvassing boards,

One set of returns is immediately sent to the county Local board of supervisors, and another to the township or municipal clerk, as the case may be. During the counting of the votes the precinct officers must not separate. The county board acts as a board of canvassers for its own county, but has nothing to do with the returns for

1Election Law of 1904, § 2926u.

'Bates, Statutes, § 2966-35.

8 Election Law of 1904, § (2966-39), sec. 24.

Canvassing the votes for State officers.

Certificates

of election. Commissions.

township and municipal officers, which are canvassed by the township or city clerk. The returns for boards of education are canvassed by the clerks of these boards. Each county board makes an abstract of its own returns, and transmits a copy of them to the secretary of state; but in cases where two or more counties form a larger district, the returns of the district election go to the board of the most populous county, which sends them with its own returns to the same State official.1

The county boards also send copies of the returns for the executive officers of the State to the president of the Senate at Columbus, and he publishes them during the first week of the session of the legislature. If, however, the legislature is not in session, the governor and secretary of state canvass the votes for these officers in the presence of two judges of the supreme court; they also canvass the returns for other State officers, and for representatives to Congress.2

After the results of the election have been discovered and published, certificates of election are issued to the successful candidates. The certificates for district or circuit officials are issued by the board of supervisors of the most populous county in the district; those for county officers by the county board, and those for presidential electors by the governor.3 One step more remains to be taken before the officer-elect is permitted to assume the duties of his office. He must file his certificate of election with the secretary of state, and the gov

1

Election Law of 1904, § (2966-40); Bates, Statutes, §§ (29668), (2926w-4), 2994.

Ibid., §§ (2966-8), 2980, 2983-2986; Constitution of Ohio (1851), Art. III. §§ 3 and 4.

* Ibid., §§ (2981-1), 2994, (2966-8), 2970.

ernor thereupon issues him his commission.

This rule

applies in the case of State and county officers and jus

tices of the peace.

It sometimes happens that the declared result of an Contested election is not accepted by a candidate whose defeat has elections. been announced. He may believe that there has been a wrong count, or that the election has been fraudulently conducted. The remedy lies in contesting the election and demanding a revision of the result if fraud or mistake be proven. Different tribunals have been designated by law to settle the question for different classes of offices. The claim of a nominee for justice of the peace is contestable in the probate court; that of a candidate for county office in the court of common pleas; that of a candidate for State office or any of the judgeships before the upper branch of the legislature; and finally that of a nominee for State senator or representative before the house to which the election is claimed.1

Protection of

It is essential in a free government like ours that the ballot be protected. This fundamental principle is recog- the ballot. nized in the general laws relating to the conduct of elections. It has been already pointed out that certain provisions in these laws are intended to prevent fraudulent voting. Such are the provisions fixing a residence requirement for the voter, making registration necessary in populous centers, requiring the posting of the lists of registered voters in city precincts, affording opportunity to challenge the suspected voter, and requiring the canvassing of the election returns. The Australian ballot law was adopted for the express pur

pose of enabling the elector to enjoy perfect secrecy in voting. These general provisions looking toward the safeguarding of the ballot were supplemented by the enactment of the Corrupt Practices Act in 1896, which undertook to limit the expenditures and contributions of candidates for office, and to regulate the collection and disbursement of campaign funds by political committees, to the end of preventing bribery in elections; but this act was repealed in 1902. However, the new election law, passed in 1904, declares it to be the duty of the boards of deputy State supervisors that are in charge of city elections to investigate and prosecute all violations of the laws relating to the registration of voters, the right of suffrage, and the conduct of elections, and to report the same to the State supervisor and inspector of elections.1

'Election Law of 1904, § (2966-8), sec. 8.

CHAPTER V

THE CENTRAL GOVERNMENT OF THE STATE

31. REFERENCES

Bryce, American Commonwealth, ch. 40, "The State Legislatures," ch. 41, "The State Executive," ch. 42, "The State Judiciary;" Wilson, The State, secs. 1126-1208, "Central Government of the State;" Fiske, Civil Government in the United States, ch. 6, "The State Governments;" Hinsdale, American Government, ch. 51, "The State Legislatures," ch. 52, "The State Executives," ch. 53, "The State Judiciary;" Hart, Actual Government, ch. 7, "State Legislatures," ch. 8, "State Executives," ch. 9, "State Courts;" Bluntschli, Theory of the State, Part III., ch. 7, "Modern Principle of Division of Powers;" Cooley, Constitutional Limitations, ch. 5, "Powers which the Legislative Department may Exercise," ch. 6, "Enactment of Laws."

Constitution of Ohio (1851), Art II., "Legislative," Art. III., "Executive," Art. IV., "Judicial," Art. XI., "Apportionment;" Bates, Annotated Statutes of Ohio, I. 62-78, "Legislative;" 79-280d, "Executive;" 281-384b, "Judicial;" Manual of Legislative Practice.

32. THE LEGISLATIVE DEPARTMENT

and the local

The business of governing the State is entrusted to The central the officers, elective and appointive, of both the central governments government and the local governments of the State. In governments truth, we may say that the officers who supervise the general interests of the State as a whole constitute the "central government," and that the sets of officers who supervise the special interests of the counties, townships,