Penalty for intimidating voter, or impeding or preventing free exercise of elective franchise. Limitation as under penal sections. Competent witness in pros-cutions for bribery, intimidation or impeding or preventing elective franchise. INTIMIDATING VOTER. SECTION 34. Whoever, directly or indirectly, by himself or through any other person, makes use of, or threatens to make use of, any force, violence or restraint, or inflicts, or threatens to inflict, any injury, damage, harm or loss, or threatens to enforce the payment of a debt against, or to begin a criminal prosecution against, or to injure the business or trade of, or in any manner practices intimidation upon or against any person, in order to induce or compel such person to vote or refrain from voting, or to vote or refrain from voting for any particular candidate or candidates; or if any employer of laborers, or an agent of such employer, whether a corporation or otherwise, does any of the acts aforesaid, or threatens to withhold or reduce the wages of, or to dismiss from service any employe, in order to induce or compel such employe to vote or refrain from voting for any particular candidate or candidates at any election; and whoever, by any sort of duress, constraint or improper influence, or by any fraudulent or improper device or contrivance, impedes or prevents, or otherwise interferes with the tree exercise of the elective franchise of any elector, shall be fined not more than two thousand dollars or imprisoned in the penitentiary not more than three years, or both. OFFENDER COMPELLED TO TESTIFY. SECTION 35. Prosecutions under all the penal sections of to prosecutions this act and of the Revised Statutes appertaining to the conduct of elections, must be commenced within six months after the commission.of the act complained of. A person offending against any provision of sections 32, 33 and 34 of this act is a competent witness against another person so offending, and may be compelled to attend and testify upon free exercise of any trial, hering or investigation, in the same manner as any other person. But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal against the person so testifying. A person so testifying shall not be liable thereafter to indictment, prosecution or punishment, for the offense with reference to which his testimony may be given, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution. When a person is convicted of any offense described in section 32 of this act, he shall, in addition to the punishment therein prescribed, forfeit any office to which he may have been elected at the election with reference to which such offense was committed, and when a person is convicted of any offense mentioned in receiving bribe. section 33 of this act, he shall, in addition to the punishment therein prescribed, be excluded from the right of suffrage for a period of five years after such conviction. Forfeiture of oflice for giving bribe. Disfranchisement for COMPENSATION COUNTY CLERK. SECTION 36. The county clerk shall receive for his services under this act such compensation, not exceeding two hun dred dollars in any one year, as the county commissioners may deem just and proper. clerks of elec The judge of election called by the county clerk to receive Compensation and deliver the ballots, poll-books, tally-sheets and other re- of judges and quired papers, shall receive two dollars for such service, and tion. in addition thereto mileage at the rate of five cents per mile to and from the county seat if he live one mile or more distant therefrom. The judge of the election carrying the returns to the clerk of the court shall receive like compensation. Judges and clerks shall each receive as compensation the sum of three dollars for each election; provided however, that in cities where registration is required the compensation shall remain as now fixed by law. elections in of the first duties of SECTION 37. In counties containing cities of the first Duties of class, the election precincts of the county outside of the city, boards of shall be held and deemed to be election precincts of the city counties confor the purpose of conducting elections under this act, and taining cities the board of elections heretofore provided for such cities by class. section 29266 of the Revised Statutes, shall, in their respective counties, perform the duties imposed upon the clerks of the court by this act. In counties containing cities of the Powers and second class, the boards of elections heretofore provided for boards of said cities, shall have the powers and be subject to the duties elections in prescribed in section twenty-nine hundred and twenty-six of taining cities the Revised Statutes, and supplemental sections, as hereto- of the second fore amended, except that all the returns of the November election shall, in such counties, be mide to the clerks of the court as provided by law; and, in addition thereto, such boards shall, in the conduct of municipal elections, have all the powers and duties and be subject to all the provisions, penalties, and requirements of the county clerks prescribed in this act. counties con class. duties of elections and counties other cities of the In all counties other than counties containing cities Powers and of the first class, in or for which there is or may be es- boards of tablished a board of elections or deputy supervisors of election, deputy superor other officer or officers, whose duty it is to receive and can- visors in vass the returns of elections in and for such county or counties, than those and transmit abstracts thereof, such board or deputy super- containing visors or other officer or officers, shall, in their respective first class. counties in the conduct of elections, have all the powers and perform all the duties conferred and imposed by this act on the clerks of the court, and be subject to the same provisions, penalties and requirements; provided, that in the consider- When chief deputy or ation and decision of objections and questions arising in the presiding cancourse of a nomination for an office of a circuit or district vassing officer composed of more than one county, the chief deputy super- associates. visor or presiding canvassing officer of the county, shall act for his associates. Judges and clerks appointed for the sev- Judges and eral precincts of a county by such board of elections or deputy pointed by supervisors or other officer or officers, shall serve as such in the conduct of all elections under this act in preference to the judges and clerks provided by law and by section five hereof, and shall perform all the duties and exercise all the powers to act for clerks ap such election officers. Repeals. and be subject to all the penalties imposed, conferred or prescribed by this act upon judges and clerks of elections. SECTION 38. Sections 7064 and 7065 of the Revised Statutes, and an act entitled "An act to provide for the mode of conducting elections, to insure the secrecy of the ballot and prevent fraud and intimidation at the polls, and to repeal certain statutes therein named," passed April 30, 1891; also an act entitled "An act to amend section one of an act entitled 'an act to provide for the mode of conducting elections, to insure the secrecy of the ballot and prevent fraud and intimidation at the polls, and to repeal certain statues therein named,' passed April 30, 1891," passed March 18, 1891 [1892]; also an act entitled "An act to provide for the division of precincts other than in cities of the first, third and fourth grades of the first class, and in cities of the second class," passed February 18, 1892; also "An act to amend section. twenty of an act entitled 'an act to provide for the mode of conducting elections, to insure the secrecy of the ballot and prevent fraud and intimidation at the polls, and to repeal certain statutes therein named,' passed April 30, 1891," passed March 31, 1892, are hereby repealed. SECTION 39. This act shall take effect and be in forcefrom and after its passage. LEWIS C. LAYLIN, Speaker of the House of Representatives. President pro tem. of the Senate. Passed April 18, 1892. 308G Compensation [House Bill No. 960.j AN ACT To provide for compensation of supervisor of elections of the state of Ohio. SECTION 1. Be it enacted by the General Assembly of the Sate of state super- of Ohio, That the state supervisor of election's shall receive as visor of elec tions. compensation for his services in said capacity the sum of one thousand dollars, to be paid within ten days after each state election. SECTION 2. This act shall be in force from and after its passage. LEWIS C. LAYLIN Speaker of the House of Representatives. ANDREW L. HARRIS, President of the Senate.. Passed April 18, 1892. [House Bill No. 855.] AN ACT To create a state supervisor of elections with deputy state supervisors for the conduct of elections in the state of Ohio. supervisors of SECTION 1. Be it enacted by the General Assembly of the State superState of Ohio, That there is hereby created the offices of state visor and dep supervisor of elections and of deputy state supervisors of elec-uty state tions, with the powers and duties hereinafter prescribed, for elections. the conduct and supervision of all elections in this state, except for school directors and road supervisors. SECTION 2. By virtue of his office the secretary of state state supershall be the state supervisor of elections, and in addition to visor of electhe duties now imposed on him by law, shall perform the duties of such office as defined herein. tions. and terms of SECTION 3. On or before the first Monday in Augus, Appointment, 1892, such state supervisor shall appoint four deputy state qualifications supervisors for each county in this state, who shall be qualified deputy state electors of the county for which appointed. For the first supervisora. appointment, two members shall be appointed for a term of one, and two for a term of two years from the first Monday in August, 1892. One member so appointed for one year and one for two years shall be from the political party which cast the highest number of votes at the last preceding November election for governor or secretary of state. The other two members shall be appointed from the political party which cast the next highest number of votes for such officer at said November election. Thereafter appointments shall be made annually for two deputy state supervisors for each county for the term of two years, which appointments shall be from two political parties which cast the highest and next highest number of votes at the last preceding November election for governor or secretary of state. All vacancies shall be filled Vacancies. and all appointments to new terms made from the political party to which the vacating or outgoing member belongs, unless there be a third political party which cast a greater number of votes in this state than did the party to which the retiring member belonged, at the next preceding November election, in which event the vacancy shall be filled from such third party. Provided, that if the executive committees Recommenda of the two political parties in the county casting the highest executive and next highest number of votes in this state at the last committees. preceding November election, recommend qualified persons to the state supervisor at least ten days before the appointment is made, then the state supervisor shall appoint the persons so recommended to the number to which said party is entitled, but if no such recommendation is made the state supervisor shall make the appointments agreeably to the provisions herein contained. Any deputy state supervisor may be re- Removals. moved by the state supervis r for misteasance or malfeasance in office, or other good and sufficient cause. Provided further, duties of that in counties containing cities of the first class, the bords boards of elec of election heretofore provided for such cities by section 2926 tions in coun tions by party Powers and cities of the ties containing and all sections supplementary thereto, of the Revised Statutes, shall have all the powers and perform all the duties for such counties imposed and conferred by this act on deputy state supervisors. first class. Powers and duties of boards of elections in coun cities of the second class. In counties containing cities of the second class, the board of elections heretofore provided for said cities shall have the power and be subject to the duties prescribed in ties containing section 2926 of the Revised Statutes, and supplemental sections as heretofore amended, except that all the returns of the November election shall in such counties be made to the deputy state supervisors as hereinafter provided; and, in addition thereto, such board shall, in the conduct of municipal elections, have all the powers and duties and be subject to all the provisions, penalties and requirements of the deputy state supervisors prescribed in this act. Selection and term of chief deputy and clerk. SECTION 4. In all counties except counties containing cities of the first class, the deputy state supervisors for such county shall, at least thirty days previous to the November election in each year, meet in the office of the county commissioners and organize by selecting one of their number as chief deputy, who shall preside at all meetings, and a resident elector of such county, other than a member of the board, as clerk, both of which officers shall continue in office for one year. The balloting for such officers shall commence at or before one o'clock p. m., on the day of convening, and at least one ballot shall be taken every twenty minutes until such organization is effected. The clerk shall be first selected and if, after five ballots, no person shall be agreed upon as clerk, the clerk shall be selected by lot from two persons of opposite politics, to be nominated by the deputy supervisors, the two deputy supervisors of the same politics to name one candidate for clerk, and the two deputies of opposite politics to name the other. After the selection of the clerk the chief deputy shall be selected from the deputies of opposite politics to that of the clerk, and if upon the first ballot no person shall be agreed upon as chief deputy, the deputy of opposite politics to the clerk having the shortest term to serve, shall be and act as the chief deputy, presiding at all meetings. Balary of clerk. The clerk shall be paid a salary in quarterly installments, not to exceed one hundred dollars per year, which compensation shall be fixed by the deputy supervisors for the respective counties. At such meeting for organization, the deputy supervisors may remain in session not more than two days for the purpose of organization and receiving instructions from the state supervisor as to their duties, and may at such time provide for the publication of a notice for bids for printing ballots, cards of instruction and other necessary blanks and papers required by law to be printed by the clerk of the court or board of elections or other canvassing officer or officers of the county in the conduct of elections therein. Such deputy supervisors shall meet on the twelfth day before each election and shall remain in session for such length of time as may be necessary, and shall adjourn to such day as their duties pre Bessions of deputy supervisors; publication of notice for bids for printing. |