Conduct of elections:

Poll-books and tally-sheets.

List of persons

having served as regular

jurors during

preceding two years.

Ballot-boxes.

Judges of eleotiou for town

[Senate Bill No. 280.]

AN ACT

To reenact and amend certain sections of the Revised Statutes of Ohio relating to the conduct of elections, and to amend an act entitled "An act to provide for a board of elections for certain specified counties."

SECTION 1. Be it enacted by the General Assembly of the State of Ohio. That the following sections of the Revised Statutes be reenacted and amended with sectional numbering as indicated:

Sec. 1252. The clerk shall furnish at his office, at the expense of the county, and at least five days before the day of election, all the necessary poll-books and tally sheets required in each voting precinct in the county, for all presidential, congressional, state and county elections. He shall furnish and deliver to the trustees of each township, and the councilmen of each ward, with said poll-books and tally sheets, at each state election, a correct list in alphabetical form, [ot] the names of all the regular jurors who have served in any court of record from such township or ward in said county during the two years last past.

Sec. 2928. The clerk of the court shall cause to be provided, at the expense of the county, a ballot-box for each precinct therein which may be without the same, and cause it to be deposited with the proper township or corporation clerk; and every such clerk shall cause a ballot-box, with a copy of this title, to be delivered at each place of holding elections in his township or corporation, as often as elections are held therein, and after ach election the same shall be forthwith returned to him by the judges of election for safe keeping; provided, that whenever a board of elections is established, the purchase and care of ballot-boxes to be used at any election under its direction shall devolve upon such board.

Sec. 2932. Judges of election for each township precinct ship precincts. shall be constituted and chosen as follows:

FIRST. In every township in which the trustees are not all members of the same political party, the trustees shall be the judges.

SECOND. In every other township, except townships divided into election precincts, the two trustees whose term of office expires in one and two years. respectively, and the person not a member of the same political party as these trustees, having received the next highest vote for the office of trustee at the preceding township election, shall act as judges.

THIRD. If two or more persons, not members of the same political party as the trustees, receive the same number of votes at the preceding election for township trustee, the township clerk shall publicly determine by lot which of such persons shall act as judges.

FOURTH. In every township containing more than one election precinct, each trustee shall act as judge in the pre

cinct in which he resides, unless they all reside in the same precinct, when the two only whose terms first expire, shall so act therein, and the other shall act as judge in any other precinct; and additional judges, so that there shall be three judges at each precinct, shall be chosen as provided in section two thousand nine hundred and thirty-five; and the clerk of every township shall make and preserve a record of the names of all persons chosen judges of election in such township, and the date when chosen.

FIFTH. If, at the preceding township election, no person was voted for who was a member of a different political party from that of the township trustees, or if such person or persons so voted for have since died or ceased to be residents of the township, then the electors present shall choose, viva voce, a suitable person having the qualifications of an elector and who does not belong to the same political party as the trustees, but to the political party casting the vote next highest or nearest in the township to that of the party of the trustees, to act as judge.

Sec. 2932a. In all public elections in townships not clerks. divided into election precincts, there shall be two clerks having the qualifications therein, one of whom shall be the township clerk and the other shall be chosen as provided in section two thousand nine hundred and thirty-five, and he shall not be a member of the same political party as the township clerk. In townships divided into election precincts there shall be two clerks in each precinct; the township clerk shall act as one of the clerks in the precinct in which he resides, and the other clerks shall be chosen as provided in section two thousand nine hundred and thirty-five; provided, that only one of the clerks so chosen in each precinct shall belong to the same political party as the township clerk, and in all cases the two leading political parties shall be represented by the two clerks in each precinct.

election for

Sec. 2933. Judges of elections for each ward precinct of Judges of a municipal corporation, except in cities having a board of ward preelections as provided in section two thousand nine hundred ciucts; excep and twenty-six, and the sections supplementary thereto shall be constituted and chosen as follows:

FIRST. If the ward is not divided into precincts, the two councilmen of the ward, and the elector who was a member of a political party to which one or both of the councilmen did not belong, who received the highest number of votes for councilman of those voted for and not elected, at the preceding spring election, shall be judges; but if two or more of such electors not chosen received the same number of votes, the clerk of the corporation shall publicly determine by lot which shall be judge of election; judges of election so chosen shall serve as such for one year, and until their successors are chosen and qualified, and the clerk shall issue to them a certificate of election as in other cases.

SECOND. In every ward divided into election precincts, the two councilmen shall be judges of election in the precincts in which they respectively reside; and additional

tions.

rts.

Conduct of elections:

Poll-books and tally-sheets.

[Senate Bill No. 280.]

AN ACT

To reenact and amend certain sections of the Revised Statutes of Ohio relating to the conduct of elections, and to amend an act entitled "An act to provide for a board of elections for certain specified counties."

SECTION 1. Be it enacted by the General Assembly of the State of Ohio. That the following sections of the Revised Statutes be reenacted and amended with sectional numbering as indicated:

Sec. 1252. The clerk shall furnish at his office, at the expense of the county, and at least five days before the day of election, all the necessary poll-books and tally-sheets required in each voting precinct in the county, for all presidenList of persons tial, congressional, state and county elections. He shall

having served

as regular

jurors during
preceding
two years.

Ballot-boxes.

Judges of eleotion for town

furnish and deliver to the trustees of each township, and the councilmen of each ward, with said poll-books and tally sheets, at each state election, a correct list in alpbabetical form, [ot] the names of all the regular jurors who have served in any court of record from such township or ward in said county during the two years last past.

Sec. 2928. The clerk of the court shall cause to be provided, at the expense of the county, a ballot-box for each precinct therein which may be without the same, and cause it to be deposited with the proper township or corporation clerk; and every such clerk shall cause a ballot-box, with a copy of this title, to be delivered at each place of holding elections in his township or corporation, as often as elections are held therein, and after ach election the same shall be forthwith returned to him by the judges of election for safe keeping; provided, that whenever a board of elections is established, the purchase and care of ballot-boxes to he used at any election under its direction shall devolve upon such board.

Sec. 2932. Judges of election for each township precinct ship precincts. shall be constituted and chosen as follows:

FIRST. In every township in which the trustees are not all members of the same political party, the trustees shall be the judges.

SECOND. In every other township, except townships divided into election precincts, the two trustees whose term of office expires in one and two years, respectively, and the person not a member of the same political party as these trustees, having received the next highest vote for the office of trustee at the preceding township election, shall act as judges.

THIRD. If two or more persons, not members of the same political party as the trustees, receive the same number of votes at the preceding election for township trustee, the township clerk shall publicly determine by lot which of such persons shall act as judges.

FOURTH. In every township containing more than one election precinct, each trustee shall act as judge in the pre

cinct in which he resides, unless they all reside in the same precinct, when the two only whose terms first expire, shall so act therein, and the other shall act as judge in any other precinct; and additional judges, so that there shall be three judges at each precinct, shall be chosen as provided in section two thousand nine hundred and thirty-five; and the clerk of every township shall make and preserve a record of the names of all persons chosen judges of election in such township, and the date when chosen.

FIFTH. If, at the preceding township election, no person was voted for who was a member of a different political party from that of the township trustees, or if such person or persons so voted for have since died or ceased to be residents of the township, then the electors present shall choose, viva voce, a suitable person having the qualifications of an elector and who does not belong to the same political party as the trustees, but to the political party casting the vote next highest or nearest in the township to that of the party of the trustees, to act as judge.

Sec. 2932a. In all public elections in townships not Clerks divided into election precincts, there shall be two clerks having the qualifications therein, one of whom shall be the township clerk and the other shall be chosen as provided in section two thousand nine hundred and thirty-five, and he shall not be a member of the same political party as the township clerk. In townships divided into election precincts there shall be two clerks in each precinct; the township clerk shall act as one of the clerks in the precinct in which he resides, and the other clerks shall be chosen as provided in section two thousand nine hundred and thirty-five; provided, that only one of the clerks so chosen in each precinct shall belong to the same political party as the township clerk, and in all cases the two leading political parties shall be represented by the two clerks in each precinct.

ward pie

Sec. 2933. Judges of elections for each ward precinct of Judges of a municipal corporation, except in cities having a board of election for elections as provided in section two thousand nine hundred ciucts; excep and twenty-six, and the sections supplementary thereto shall be constituted and chosen as follows:

FIRST. If the ward is not divided into precincts, the two councilmen of the ward, and the elector who was a member of a political party to which one or both of the councilmen did not belong, who received the highest number of votes for councilman of those voted for and not elected, at the preceding spring election, shall be judges; but if two or more of such electors not chosen received the same number of votes, the clerk of the corporation shall publicly determine by lot which shall be judge of election; judges of election so chosen shall serve as such for one year, and until their successors are chosen and qualified, and the clerk shall issue to them a certificate of election as in other cases.

SECOND. In every ward divided into election precincts, the two councilmen shall be judges of election in the precincts in which they respectively reside; and additional

tions.

Clerks.

Vacancy in

or clerk.

judges, so that there shall be three judges at each precinct, shall be chosen as provided in section two thousand nine hundred and thirty-five. Two clerks of election of opposite politics, shall be chosen, viva voce, from the two leading political parties by the electors at the time and place of holding elections in each of such wards or precincts, who shall have the qualifications of an elector, and shall take the oath prescribed by section two thousand nine hundred and thirtyfive.

Sec. 2935. If a judge of election, or the clerk of any office of judge township, fail to attend at the time and place of holding elections, or is a candidate for a state or county office, the electors present shall choose, viva voce, a suitable person, having the qualifications of an elector, to act in place of such absentee or candidate, as judge or clerk of such election; and in the election of such person or persons, the same limitations and restrictions shall be observed as are prescribed in section two thousand nine hundred and twenty-six, so that the two leading political parties, in all cases, shall have a Oath of judges representation on the board; and previous to the reception of any vote, such judge or clerk, or any judge or clerk not being already duly sworn and qualified according to law, shall take an oath, which may be administered by any trustee or clerk of a township, or councilman, or other person authorized to administer oaths, in the following form: "You, A. B., do solemnly swear (or affirm) that you will perform the duties of judge, or clerk, of the election, as the case may be, according to law and the best of your ability, and that you will studiously endeavor to prevent fraud, deceit, or abuse in conducting the same."

and clerks.

Penalty for refusal to

serve as judge or clerk.

Fees of clerks of courts and

Sec. 2936. A person elected judge of election who refuses to qualify as such, or a judge of election or clerk who refuses to discharge the duties imposed by law, or a person chosen to act in place of either, who refuses to act, shall forfeit and pay a sum not exceeding twenty dollars, for the use of the county, to be recovered, with costs, in the name of the county, before any justice of the peace of the proper township.

Sec. 2965. A clerk of the court of common pleas, or proprobate judges. bate judge, shall receive for his services under this title, to be paid by the county, the following fees: For making out abstracts, for every hundred words, ten cents; for each certificate to abstract, with the seal of the court attached, fifty

Abstract of votes for presidential elec

tors.

Transmission of certified copy.

cents.

Sec. 2969. The clerk of court, on receiving the poll-books of all the election precincts of the county, shall take to his assistance two justices of the peace of the county, one of whom shall be of opposite politics to that of the clerk, and make an abstract of the poll-books returned, on one sheet showing the number of votes given for each person for such office, and the clerk and the justices shall certify the same, and deposit it in the clerk's oflice; and the clerk shall, within six days after the day of election, make a certified copy of such abstract, and transmit the same by mail, properly inclosed and directed, to the secretary of state at Columbus.