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ACT PROVIDING FOR CALLING A CONSTI
TUTIONAL CONVENTION, 1911
Act " passed by the General Assembly of the State of Ohio, May 31," 1911.
WHEREAS, At the general election held in this state, on the first Tuesday after the first Monday in November in the year one thousand nine hundred and ten, the question, “Shall there be a convention to revise, alter, or amend the Constitution?" was submitted to the electors of the state, and a majority of all the electors voting thereat decided in favor of a convention; and
WHEREAS, In such case it is made the duty of the general assembly at its next session, to provide by law for the election of delegates to, and the assembling of such convention; therefore,
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That the qualified electors of each county in this state shall on the first Tuesday after the first Monday in November, A.D., 1911, assemble at their usual places of voting, and proceed to elect a number of delegates, having the qualifications of an elector, to said convention, equal to the number of representatives which such county or district was entitled to elect to the house of representatives of the seventy-ninth general assembly of Ohio.
71 Laws of Ohio, vol. cii, 298. – Ed. 72 Approved by the governor, June 6. – ED.
SEC. 2. That said election shall be proclaimed by the sheriffs of the several counties, and shall in all respects be conducted, the returns thereof be made, and the results thereof certified, as is provided by law in the case of the election of representatives to the general assembly; provided if two or more candidates at such election have each enough votes to elect and each an equal number of votes for delegate, the election shall be determined by lot, as provided by law in case of county officers.
SEC. 3. That the delegates so elected shall assemble in the hall of the house of representatives, in the city of Columbus, on the second Tuesday of January, A.D. 1912, at 10 o'clock, a.m., with authority to adjourn to any place or places within this state for holding of the convention; and may, for the purpose of a temporary organization, be called to order by the oldest member present. They shall be entitled to the privileges of senators and representatives, named in section 12, article 11, of the Constitution. Sec.
4. Said convention shall have authority to determine its own rules of proceeding, and to punish its members for disorderly conduct, to elect such officers as it may deem necessary for the proper and convenient transaction of the business of the convention, and to prescribe their duties; to make provisions for the publication of its proceedings, or any part thereof, during its session; to provide for the publication of the debates and proceedings of the convention, in durable form, and for the securing of a copyright thereof for the state; and to fix and prescribe the time and form and manner of submitting any proposed revision, alterations or amendments
of the Constitution to the electors of the state; also the notice to be given of such submission.
The election at which said submission shall be made, shall be held and conducted the same as elections for members of the house of representatives, so far as practicable, and the vote for and against such proposed revision, alterations, or amendments, and those cast for and against each of the same separately submitted, shall be entered on the tally sheet, counted, certified, transmitted and canvassed and the result thereof declared in the manner prescribed by law for the counting, certifying, transmitting, and canvassing, of votes cast for the election of members of the house of representatives so far as applicable. And all the provision of the laws relative to elections shall apply to said election as far as applicable.
Sec. 6. Candidates for members of the Constitutional convention shall be nominated by nominating petitions only.
Sec. 7. In any county, any qualified elector of said county may be nominated as a candidate for member of the Constitutional convention for said county upon a petition in writing addressed to the county board of deputy state supervisors of elections, signed by not less than two per cent of the qualified electors of said county, or by such as will be legally qualified electors at the election to be held on the first Tuesday after the first Monday in November, 1911. And the said percentage of two per cent shall be based on the number of those who voted at the last preceding general election. In no case shall the number of signers to a petition be less than three hundred
SEC. 8. Signers of said petitions shall insert in them the names and addresses of such persons as they may desire to the number of five as a committee who may fill vacancies caused by death or withdrawals. Nominations made by such committee shall not be received by the board of deputy state supervisors of elections unless said nominations as well as the petitions under which they are made are filed with said board on or before the last day for filing petitions as herein provided.
SEC. 9. Such petitions shall contain a provision to the effect that each signer thereto thereby pledges himself to support and vote for the candidate or candidates whose nomination is therein requested. Each elector signing a petition shall add to his signature his place of residence in his own handwriting (unless he cannot write and his signature is made by mark), which shall include street and number when there is a street and number. No elector may sign his name to more than one nominating petition for each office to be filled; and where an elector has signed his name to more than one petition, his name shall not be counted on any of the petitions. Nothing herein shall be construed, however, to prevent more than one nominee being nominated by any one petition up to the number of members of the convention to which the said county is entitled.
SEC. 10. Each petition need not necessarily consist of one paper, but five of the signers to each separate paper shall swear before a notary public, or other officer entitled to administer oaths, that the petition is bona fide in
every respect to the best of his knowledge and belief, and the certificate of such oath shall be annexed. If in any case the said paper shall contain less than five signers, then as many shall swear to the validity of the paper as there are signers thereto.
SEC. 11. Besides containing the names of the candidates, all petitions shall specify as to each candidate:
1. That he is a candidate for the office of member of the constitutional convention for the county in which the signatures are obtained.
2. His place of residence, with street and number thereof, if any.
3. A declaration by the candidate that he will qualify if elected.
A petition may also contain a statement to the effect that the candidate to be nominated is in favor of or opposed to the separate submission to the people by the convention of the alternative questions: "Shall the Constitution provide for the licensing of the traffic in intoxicating liquors; or shall the Constitution prohibit the licensing of the traffic in intoxicating liquors.”
There may be filed with each petition, one of the two following statements signed by the candidate or candidates sought to be nominated; but if neither of said statements is so filed, the board of deputy state supervisors of elections shall not on that account refuse to file the said petition :
Statement No. 1. I hereby state to the people of Ohio, as well as to the people of my county, that during my incumbency of the office of delegate to the constitutional convention, I will always vote for a separate submission to the people as a separate part of the Constitution, of the alternative questions: “Shall the Constitution provide for the licensing of the traffic in intoxicating