hearing, it shall appear that a person or persons other than those originally proceeded against, have failed to file statements or accounts of election expenses, or have filed false or incomplete statements or accounts, such person or persons shall be made parties to the proceedings and ordered to attend and answer as if they were originally made parties. History:-102 v. 321. Sec. 5175-20. Decision. Within ten days after the close of the hearings upon such inquiry the court or judge shall render its or his decision thereon in writing, wherein shall be set forth whether the person or persons against whom the petition is brought is subject to the requirements of filing a statement or account of election expenses and has failed to file, or has filed a false or incomplete statement, and whether such failure to file, or the filing of such false or incomplete statement is due to wilful intent to defeat the requirements of this act. History:-102 v. 321. See Opinions of the Attorney General (1916), p. 1517, cited under Sec. 5175-29. Sec. 5175-21. Contempt. If such person or persons have failed to file such statement or account, or have filed a false or incomplete statement or account, the court or judge shall render judgment requiring the person or persons proceeded against to file the required statement or amendment within ten (10) days after the entry of the judgment, and to pay the costs of the proceeding; and a failure or a refusal to comply with the order of the court in this respect shall be deemed a contempt of court. If such person or persons have failed to file a statement or have filed a false or incomplete statement, and such failure to file, or such false or incomplete statement, was due, in the opinion of such court or judge, to a wilful intent to defeat the provisions of this act, the court or judge shall forthwith transmit a copy of its or his decision and of the evidence to the prosecuting attorney of the county wherein such statement should be filed, and to the attorney general when such statement should be filed with the secretary of state, with directions to such prosecuting attorney to present the same to the next grand jury in the county. History:-102 v. 321. When the person elected to the office of probate judge has filed itemized statements purporting to contain a full statement of all the money or other things of value promised, received or expended, and the liabilities incurred in connection with such election, and the primary election therefor, in substantial compliance with G. C. §§ 5175-2 and 5175-3, and the board of deputy state supervisors of elections are not authorized under G. C. § 5175-8 to refuse a certificate of election to such person on the grounds that the board believes the statements filed are false and incomplete: State ex rel. v. Deputy State Supervisors, 3 Ohio App. 190, 20 O. C. (N. S.) 190. If the court finds that omissions made in a report were not made with careful intention to defeat the requirements of the corrupt practices act (G. C. 5175-1 to G. C. § 5175-29), the court will grant leave to file an amended account within ten days, even if the report is defective in many respects: State v. Long, 19 O. N. P. (N. S.) 29. Sec. 5175-22. Wilful Intent. Failure to file a statement or filing a materially false or incomplete statement, shall be prima facie evidence of wilful intent to defeat the statute. History:-102 v. 321. Sec. 5175-23. Limitations. The petition hereinbefore mentioned shall be filed within ninety days after such election. History-102 v. 321; 103 v. 579. Sec. 5175-24. Precedence of Proceeding. The proceedings upon. and the investigation of, the charges set forth in said petition, shall take precedence and be preferred over all other actions or proceedings then pending in said court, or before said judge; and, in case of appeals, in the circuit court or supreme court. History:-102 v. 321. Sec. 5175-25. Appeals. Appeals may be taken to the circuit court. from the orders herein provided for in the same manner as in civil action under section 12224 of the General Code. History:-102 v. 321. Sec. 5175-26. Defining Corrupt Practices. Any person is guilty of a corrupt practice if he, directly or indirectly, by himself or through any other person, in connection with, or in respect of any election, pays, lends or contributes, or offers or promises to pay, lend or contribute any money or other valuable consideration, for any other purpose than the following matters and services, at their reasonable, bona fide and customary value: Rents of halls and compensation of speakers, music and fireworks for public meetings, and expenses of advertising the same, together with the usual expense incident thereto. The preparation, printing and publication of posters, lithographs, banners, notices and literary material, reading matter, cards and pamphlets, the compensation of agents to supervise and prepare articles and advertisements in the newspapers, to examine questions of public interest bearing on the election, and the report on the same; the pay of newspapers for advertisements, pictures, reading matter and additional circulation; the preparation and circulation of letters, pamphlets and literature bearing on election. The transportation to and from the polling place by or under authority of the regular executive committee of a political party, or issue, of any qualified elector physically infirm, or of such inmates of soldiers' and sailors' homes who are otherwise unable by reason of physical infirmity to go to the polls, and who have a physician's certificate of such infirmity. Rent of offices and club rooms, compensation of such clerks and agents as shall be required to manage the necessary and reasonable business of the election and of attorneys at law for actual legal services rendered in connection with the election; the preparation of lists of voters and payment of necessary personal expenses by a candidate; the reasonable traveling expenses of the committeemen, agents, clerks and speakers; postage, express, telegrams and telephones; the ex penses of preparing, circulating and filing petitions for nomination. No party organization or candidate shall compensate or hire in any one election precinct more than one person to prepare lists of voters. Any payment, contribution or expenditure or agreement or offer to pay, contribute or expend any money or thing of value for any purpose whatsoever except as herein provided is hereby declared to be corrupt practice and invalidates the election of any person guilty thereof. History:--102 v. 321; 103 v. 579; 106 v. 437. The payment of $3.00 for the services of a person to circulate and distribute marked unofficial ballots and cards, showing the name of a candidate and the office which he seeks, among the voters at the polls on election day is not in violation of the provisions of section 5175-26, G. C., 106 O. L., 437. Op. Atty. Gen. (1916), p. 285. A party executive committee may not pay the reasonable value of the services of a challenger and witness in each precinct in addition to the one paid worker allowed to prepare lists of voters. No provision was made in section 26 of the Corrupt Practices Act for an expenditure of money for this purpose. Anything in this section not provided for or implied therein is a corrupt prac tice. Op. Atty. Gen. (1913), p. 1585. Under the provisions of section 5175-26, General Code, persons may be employed for the distribution of posters by either the candidate or the committee. The expenditure is limited by the provisions of 5125-29 and the following sections. The fact that a person is a committeeman does not prevent his being paid for any service that one is permitted to perform under the corrupt practices act. Op. Atty. Gen. (1913), p. 118. Elections and election contests are controlled by specific sections of the Ohio constitution. The grant of legislative power for their control is absolute, and under such provisions the legislature had full power to and did impose conditions under which elections might be invalidated; and where the proceeding is one involving a contested election, a prior conviction of the offenses named in G. C. § 5175-26, is not required as a condition precedent to such invalidation: Prentiss v. Dittmer, 93 O. S. 314. In a case where the law provides for the payment of the judicial salary, in part from the state treasury and in part from the local treasury, the candidate can not, in an election contest based on the infringement of G. C. § 5175-26, raise the question of the constitutionality of the salary act, concerning which such illegal offers were made: Prentiss v. Dittmer, 93 O. S. 314. Under G. C. § 5175-26, an offer by a candidate for common pleas judge, made for the purpose of effecting his election to office, that in the event of his election he will accept for his judicial services only the stipulated salary payable by the state, and that he will accept nothing that may be due and payable to him from the local or county treasury, may be set forth as a ground of contest within the terms of G. C. § 5138, and it is not necessary to prove, in such election contest based on that sole ground, that a sufficient number of voters were so influenced by such offer as to change the election result: Prentiss v. Dittmer, 93 O. S. 314. This section, which provides that a corrupt practice invalidates the election of any one guilty thereof, is not inconsistent with G. C. § 13323-1, which provides that a person convicted of a corrupt practice shall be fined and that if he has been elected to office he shall in addition thereto forfeit such office. Under this section the election is declared invalid by a tribunal which exercises quasi judicial functions. Neither conviction nor trial by jury is necessary; and the election only is involved. Under G. C. § 13323-1, the title to office is in question and not the election itself. The judicial functions of a court are invoked and conviction must be had before a forfeiture of office. The legislaturę evidently intended to provide two distinct remedies; and it did not intend to make a prior conviction necessary in every case: Prentiss v. Dittmer, 93 O. S. 314. A contract providing for the editorial neutrality of a newspaper, relating to a policy to be voted upon at a public election, is void as being against public policy and in violation of the state corrupt practice act: Miller v. Glockner, 1 Ohio App. 149, 21 O. C. C. (N. S.) 191, 25 Ō. C. D. 171. An agreement to pay an agreed price per inch for advertisements on consideration that the newspaper would print the same for that price and remain neutral during the campaign is not divisible, but is an entire contract. In such case, one of the considerations being illegal, the entire contract is void: Miller v. Glockner, 1 Ohio App. 149, 21 O. C. C. (N. S.) 191, 25 O. C. D. 171. The method prescribed by G. C. § 13323-1, for depriving of office one who has violated the corrupt practice act (G. C. §§ 5175-1 to 5175-29), is exclusive. The board of deputy state supervisors of elections can not refuse to issue a certificate of election on the ground that the successful candidate has violated the provisions of such statute: State ex rel. v. Deputy State Supervisors, 3 Ohio App. 190, 20 O. C. C. (N. S.) 190. Sec. 5175-26a. Employers of Labor Prohibited from Interfering With Political Activities of Employes. It shall be unlawful for any employer of labor to make, adopt or enforce any rule, regulation or policy forbidding or preventing his employes, or any of them, from engaging or participating in politics or from becoming candidates or a candidate for public office, or controlling or directing, or tending to control or direct the political activities or affiliations of such employes or any of them; or to coerce or influence or attempt to coerce or influence such employes or any of them through or by means of threat of discharge or loss of employment to adopt or follow or refrain from adopting or following any particular course or line of political action or political activity. History:-107 v. 601. Sec. 5175-26b. Penalty. Any employer violating the provisions of this act [G. C. §§ 5175-26a to 5175-26c] shall upon conviction thereof, be punished by a fine of not to exceed one thousand dollars. In all prosecutions hereunder the person, firm or corporation violating this act, shall be held responsible for the acts of his or its managers, officers, agents and employes. History:-107 v. 601. Sec. 5175-26c. Recovery of Damages by Injured Employe. Nothing herein contained shall be construed to prevent the injured employe from recovering damages from his employer for injury suffered through a violation of this act. History:-107 v. 601. Sec. 5175-27. Defining Corrupt Practices. Any person or corporation who directly or indirectly: 1. Uses or threatens to use any force, violence or restraint, or inflicts or threatens to inflict, any injury, damage, harm or loss, or in any other manner practices intimidation upon or against any person, in order to induce or compel such person to vote or refrain from voting at any election, or to vote or refrain from voting for or against any particular person or persons, or for or against any proposition submitted to the voters at such election, or to place or cause to be placed, or to refrain from placing or causing to be placed, his name upon a registry of voters, or on account of such person having voted or refrained from voting at such election, or having voted or refrained from voting for or against any particular person or persons, or for or against any proposition submitted to voters at such election or having registered or refrained from registering as a voter; or, 2. By abduction, duress or any forcible fraudulent device or contrivance whatever impedes, prevents or otherwise interferes with the free exercise of the elective franchise by any voter, or compels, induces or prevails upon any voter to give or refrain from giving his vote for or against any particular person at any election; or, 3. Being an employer, pays his employes the salary or wages due in envelopes upon which there is written or printed any political motto, device or argument containing threats, expressed or implied, intended or calculated to influence the political opinions or actions of such employes, or within ninety days of a general election exhibits in the establishment or place where his employes are engaged in labor, any handbill or placard containing any threat, notice or information, that if any particular ticket or candidate is elected or defeated, work in his place or establishment will cease in whole or in part, his establishment be closed up, or the wages of his employes reduced, or other threats, expressed or implied, intended or calculated to influence the politcal opinions, actions or votes of his employes, is guilty of corrupt practice. 4. Being the owner, editor or writer of any newspaper, magazine, society, religious or trade publication, or any other publication of any description, whether published regularly or irregularly, by an incorporated company, joint stock company, partnership or individual within or without the state of Ohio, using the columns of any such publication for the printing of any demand, or demands for promises, pledges, or committals from candidates for office or printing threats, direct or implied, in the columns of any such publications, for the purpose of leading, controlling, or intimidating candidates for office, or sending letters, petitions, circulars or telegrams from any officer, writer, agent or representative of any such publications to candidates for office, soliciting, requesting, or demanding promises, pledges or committals for any purpose or for any reason, or the making of any demand or request verbally and personally by any officer, writer, agent or representative of any such publications, for promises, pledges or committals from any candidate for office, or the soliciting or receiving of money or its equivalent or anything valuable in the shape of presents of horses, vehicles, motor cars, jewelry, real estate, bonds, stocks, certificates of interest, certificates of deposit, insurance policies, railroad passes, theatre passes, baseball passes, furniture or furnishings for residence or office, clothing, furs, or anything else of value, from candidates for office by any officer, writer, agent or representative of any such publications, is guilty of a corrupt practice. History:-102 v. 321. Sec. 5175-28. Defining Corrupt Practices. Any person, who while holding a public office, or being nominated or seeking a nomination or appointment therefor, corruptly uses or promises to use directly or indirectly, any official authority or influence possessed or anticipated, in the way of conferring upon any person, or in order to secure, or aid any person in securing, any office or public employment, or any nomination, confirmation, promotion or increase of sal |