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ABSTRACT OF RETURNS.
Sec. 2980. In not less than one nor more than five days
Opening rs. after the election, or sooner in case the returns are made, the turns and clerk of the common pleas court, taking to his assistance two puodecine di ba justices of the peace of the county, one of whom shall bo of voles. opposite politics to that of the clerk, shall proceed to open the several returns made to his office, and make abstracts of the votes in the following manner, viz.:
1st. Upon a single sheet, an abstract of votes for governor, lieutenant-governor, secretary of etate, auditor of state, treasurer of state and attorney-general.
2d. Upon another sheet an abstract of votes for governor, lieutenant-governor, secretary of state, auditor of state, treasurer of state, attorney-general, state commissioner of common schools, member of the board of public works, judge of the supreme court, clerk of the supreme court, dairy and food commissioner and representatives to bngress.
3d. And upon another sheet, & abstract of votes for governor, lieutenant-governor, secretary of stato, treasurer of state, attorney-general, state commissioner of common schools, member of the board of public works, judge of the supremo court, clerk of the supreme court, dairy and food commissioner, judge of the circuit court, judge of the common pleas court, representatives to congress, senators and representatives to the general assembly, judge of the probate court, clerk of the common pleas court, sherill, county auditor, county commissioner, county treasurer, county recorder, county surveyor, prosecuting attorney, infirmary director and coroner.
or absence of clerk of courts.
ABSENCE CLERK, WHO CANVASSES RETURNS.
Sec. 2981. Whenever the clerk of the court of common Performanog pleas is dead, or absent, or is prevented by any casualty from conden diesen opening the returns of votes cast at any election, his deputy may act in his stead; and whenever in such case such deputy is not present, or the office of clerk is not represented by deputy, it shall be the special duty of the probate judge of the county in which such election was held, to attend immediately at the clerk's office, and, taking to his assistance two justices of the peace of such county, one of whom shall be of opposite politics to that of the probate judge, proceed to open all the returns of election for such county made to such clerk's office, and perform the same duties that are required of the clerk of the court in such cases, under the provisions of this title. Provided, that if in any county there should be no justice of the peace of opposito politics to that of the clerk or probate judge, then the clerk or judge shall take to his assistance one justice of the peace and some reputable citizen of opposite politics to that of himself.
Sec. 2982. The clerk and justices shall not receive any Provisions paper as a poll-book of any procinct unless it be delivered at poll-books, the clerk's office by one of the judges of the election held in überructs, and such precinct; and in making the abstracts of votes, they shall returns.
not decide on the validity of the retarns, but shall be governed by the number of votes stated in the poll-books; and they shall certify and sign the abstracts and deposit the same in the oflice of the clerk.
TRANSMISSION OF ABSTRACTS.
Making and transmission of certified copies of abstracts.
Sec, 2983. The clerk shall make and certify under the seal of his oflice, duplicate copies of abstract number one, and inclose and seal the same, and indorse on the envelope “Certificate of the votes for governor, lieutenant-governor, secretary of state, auditor of state, treasurer of state, and attorneygeneral” (either or all as the case may be), and the name of the county in which the v tes were given; and he shall direct and forward one copy thereof by mail, to the president of the senate, at Columbus, and shalleliver the other copy to a member of the general assembly, ho sball deliver the same to the president of the senate, at Columbus; and he shall also forth with make, certify, seal and indorse, in manner aforesaid, a copy of abstracts numbers two and three, and transmit the same by mail to the secretary of state, at Columbus.
and transmission of certi
VOCnCv in ofice of mem
CONGRESSIONAL ELECTIONS-RETURNS. Making, filing Sec. 2989. In any election for member of congress to
fill a vacancy, the clerk of court of each county embraced in fied copies of the district in which the election is held shall, within six days election to fill after the election, make, and certify under the seal of his
oflice, an abstract, in duplicate, of the votes cast at such eltcber of congress. tion in his county. Such clerk shall file one copy of the
abstract in his oflice, and shall inclose the other in an envelope, so indorsed as to show distinctly that it is an abstract of votes, for what office, and from what county, and transmit it, without delay, to the secretary of state; if the secretary of state fails to receive the abstract from any county within twelve days after such election, be shall forth with notify the clerk of court of such county thereof; and the clerk shall, on receipt of the notice, forth with make and transmit to the secretary of state, a certified copy of the duplicate on file in his office.
TRANSMISSION OF ABSTRACTS IN DISTRICTS.
Making and Sec. 2994. When two or more counties are joined in transmission oi certified a judicial circuit, or in a judicial, senatorial, or representative copies of abstracts and
district, the clerk of the common pleas court of each county of certiticates of such circuit, or district having a population not the largest, election in cir- shall make, and, within eight days after the day of election dis
, tricts. transmit by mail to the clerk of the common pleas court of
the county in the circuit or district having the largest popu. lation, an abstract showing the number of votes given in each election precinct in such county, for each person who received votes for any office to be filled by the circuit, or district; such abstract shall be attested by the clerk, under seal of the court, and inclosed in an envelope so indorsed as to show distinctly that it is an abstract of votes, for what offices, and from what county; and it shall be opened and canvassed as provided in section 2950, by the clerk to whom transmitted, who shall incorporate the same in an abstract with the returns from the precincts of his county for such offices, and shall make and transmit to the persons elected certificates of their election.
SECTION 2. That an act entitled “ An act to provide for Board of elea a board of elections for certain specified counties,” passed tions: April 12th, 1889 (86 O. L. 258), as amended April 30th, 1891, be amended so as to read as follows:
Enlarging the duties of boards of elections of certain cities.
of the first class.
Sec. 1. In any county having within its territory a conduct of city of the first class, the election precincts of the county not elections in included within the city, shall be held and deemed to be elec- taining cities tion precincts of the city for the purpose of conducting and supervising elections therein, and the board of elections heretofore established in such city shall have direction of elections in such precincts and throughout such county; and all the provisions, duties, penalties and requirements contained in section two thousand nine hundred and twenty-six of the Revised Statutes, and supplemental sections as heretofore amended shall apply and be in full force as to all elections held in such county, as well as such city except as herein specified; and the members, secretary, deputy secretary, clerks and assistants of such board shall be electors of the couniy and not of the city merely.
Sec. 2. The following provision[s] included in this sec- Provisions eption, shall apply only to elections io precincts not included in elections in such city:
precincts out Registration of electors, as provided in the above men- cities. tioned sections, shall not be required.
The board of elections may, in its discretion, authorize the judges of elections to omit the meeting for organization, provided in section 2926n, but in all such cases the judges shall organize, as therein required, on the morning of the election, before opening the polls.
The board of elections may, when expedient, permit the oath required by section 2926e to be administered by any oflicer authorized to administer oaths without the appointee appearing at the office of the board, and any such officer is required to administer such oath without compensation; but in all such cases the oath, duly certified, must be filed in the office of the board before the certificate of appointment is issued.
The board may dispense with the notice of appointment, required in section 2926e; when vacancies occurring on the day of an election have been filled, as is required in
said section, and when said notice has been so dispensed with, the appointee shall serve upon such appointment as if he had been appointed by the board.
The board may authorize judges of election to forward, by mail, the certified summary statement of votes requird in section 2926p; provided, the said judges shall have annunced the voto to the board, by telegraph or telephone, as required in said section, and in section 29269.
The board of elections shall provide for the safe keeping
and delivery of the ballot-boxes as may seem expedient. Dellyety of
Sec. 3. At overy election, in any county as aforesaid, poll-books.
for state or county oflicers, or for representatives in congress, or for presidential electora, the poll-book of each precinct, addrefsed to “the county board of canvnggers," as required by section 2926r, shall be delivered at the office of the board of elections. The other poil-book shall be addressed to the “clerk of the court of common pleas," and delivered to him, and he shall preserve it for one year, for inspection as a public record, and sholl, upon demand of the board of canvassein, produce any such poll-book for their inspection and use
The time and manner of delivery of poll-book shall be as provided in Fection 2926r, except that the poll-books from elec tion procincts not included within the city shall be delivered within twenty-four houra efter closing the polls.
The president or secretary of the board of elections may order the summxry arrest of any judge of elections in suck county, who fails to make roturn of any election; and it shall be thë duly of the sheriff of the county, or of any policeman or constable, to whora such order may be directed, to bring guch delinquent judge, together with the poll-book, und other books pertaining to the election or registration, before said board.
Sec. 4. THA members of the board of elections shall turns thereof. copstituto the county can varsing board; nnd all duties, as to
canvassing tho votes and making returns of the same, now by law assigned to the clerk of the court of common pleas, shall be performed by such board. Within four days after the election in November, and after any special election for county or state officers, or for representative in congress, the members sball meet at the office of the board of elections and organize by choosing one of their number to be president, and appointing a secretary and necessary assistanta. They shall proceed to canvies the vote of the county, and make return of the same, as required by section 2926s, and by law.
In case of doubt, or disagreement, so that the board can not proceed with the canvass, a statement, in writing, of the matter in doubt or controversy, shall be made and forth with submitted to one of the judges of the circuit, for the circuit in which the county is situated; and if the board can not otherwise agree the judge shall be selected by lot. Such judge shall gummarily decide upon the matters submitted to him, and his decision shall be final.
Sec. 5. Judges and clerks of election, appointed as
Compensation herein provided, shall be allowed compensation as fixed in of judges and section 2926t. Salaries of the members and secretary,
clerks; erlaries fixed in said section, shall be paid out of the city treasury; and secretary and, in addition, there shall be allowed to each member of the pehee of ballotboard, the sum of five hundred dollar per annum, and the boxes. secretary the sum of six hundred dollars por annum, payable quarterly out of the treasury of the county. The expense of the purchase and repair of ballot-boxes shall be paid out of the county treasury.
All other expenses of every description, incurred between other exponthe first day of July and the ihirty-first day of December, in cos; the payeach year, shall be paid out of the county treasury; and all made. expenses incurred between the first day of January and the thirtieth day of June, in each year, shall be paid as heretoforo provided by law. All payments shall be made upon vouchers of the board, made and certified as required by section 29260 (86 v. 258).
SECTION 3. In all counties other than counties contain- Donaty state ing cities of the first class, in or for which there is or may be supervisors in established deputy state supervisors of election, such deputy thru thone constate supervisors shall, in their respective counties in the con- of the first duct of clections, have all the powers and perform all the close. duties conferred and imposed by this act and the sections of the Revised Statutes aniended and reën acted therein, on the cierks of the court and be subject to the same provisions, penalties and requirements.
Judges and clerka appointed for the several precincts of Juarog and a county by such board of elections or deputy supervigors or ed by board of other officer or officers, shall serve as such in the conduct of elections or
deputy superall elections under this act in preference to the judges and viors clerks provided for herein, and shall perform all tho duties and exercise all the powers and be subject to all the penalties imposed, conferred or prescribed in the section of the Revised Statutes amended and reënacted by this act upon judges and clerks of elections.
SECTION 4. An act entitled “An act to provide for a Popoln, eta board of elections for certain specified counties," pagged April 12th, 1889, as amended April 30th, 1891, is hereby repealed and this act shall tako effect and be in force from and after its passage.
LEWIS C. LAYLIN,
ELEERT L. LAMPSON,
Presideni pro tem. Of the Senate.