upon the official ballot as the candidates of the respective political parties nominating them. (99 v. 222 § 30.) SECTION 4986. If the primary has been held to elect delegates and alternates to a national convention, the several boards of deputy state supervisors and the state supervisor of elections shall perform the same duties with regard to such election as with regard to the nomination of candidates for state and district offices. Returns shall be made and canvassed in a similar manner as for state and district offices and such state supervisor, or boards of deputy state supervisors, shall, without fee, make and, upon demand, deliver to the persons who may have been chosen, certificates of their election. And no other delegate or alternate shall be entitled to sit, or participate, in such convention. A list of the delegates and alternates of each party who may have been chosen, shall be filed and kept in the office of such state supervisor for one year. (103 v. 485.) Certificates of election to delegates and alternates. members of List of com mitteemen filed in office of state supervisor. SECTION 4987. If members of a state central com- Certificates of mittee have been elected at any primary election, the several election to boards of deputy state supervisors and the state supervisor committee. of elections shall perform the same duties with regard to the election of such committees as with regard to the nomination of candidates for district offices. Returns shall be made and canvassed as for such nomination. And said state supervisor shall, without fee, and upon demand, deliver to the persons elected, certificates of their election. A list of committeemen of each party who may have been thus chosen shall be filed and kept in the office of such state supervisor of elections for two years and it shall be the official roll of the committee. In like manner if members of a county central committee or delegates to a state convention have been elected the board of deputy state supervisors of elections shall perform the same duties with regard to the election of such committeemen as with regard to the nomination of candidates for township offices. Returns shall be made and canvassed as for such nominations and said board of deputy state supervisors shall without fee, and upon demand, deliver to the persons who may have been chosen certificates of their election. A list of committeemen of each party who may have been chosen shall be filed and kept in the office of such board for two years and it shall be the official roll of the committee. (103 v. 485.) SECTION 4988. When at any primary there is a tie vote for nomination or election in any case in which the nomination papers have been filed with the state supervisor of elections the candidates having the highest and equal number of votes shall, after due notice, within ten days and in the presence of such state supervisor at the time and place to be fixed by him, determine the result by lot. If they fail to do so, such state supervisor shall determine the result in a similar manner. In the event of a tie vote in other cases the candidates having the highest and equal 7 E. L. How result determined in vote. cases of tie Vacancies, how filled. Compensation of election officers. Expenses, how apportioned and paid. number of votes shall, after due notice, within five days in the presence of the board of deputy state supervisors with which the nomination papers were filed at a time and place to be fixed by such board, determine the result by lot and if the candidates fail to do so such board shall be authorized to determine the same in a similar manner. (103 v. 486.) SECTION 4989. In case of a vacancy or vacancies in the list of nominations occurring by death or otherwise, after the result has been declared, such vacancy or vacancies shall be filled by the proper controlling committee of the party in which such vacancy, or vacancies, occur, and the names of the candidates, delegates or committeemen, as the case may be, selected by such committee shall, in the case of offices, the nomination papers for which have to be filed with the state supervisor of elections, be reported to such state supervisor and, in the case of other offices, shall be reported to the proper board or boards of deputy state supervisors, and such state supervisor or board, or boards, shall cause such name or names to be placed on the official ballots, lists or rolls. (103 v. 486.) NOTE: This procedure applies to vacancies occurring after the declaration of the result of the primary election, and to vacancies in the list of nominations actually made at the primary election only. Atty. Gen. 8-13-09. This section does not authorize the filling of a vacancy resulting from failure to nominate a candidate for such office at the primary election. Atty. Gen. 8-18-09. In case there is no regular nomination for an office on a party ballot, the votes of electors who have written names in the blank spaces thereon are to be counted in canvassing the vote, and the person receiving a plurality of such votes should be declared the nominee, and his name should be placed upon the ballot at the ensuing November election as the candidate of the political party for the office in question. Atty. Gen. 10-1-09. SECTION 4990. For their services in conducting primary elections, members of boards of deputy state supervisors shall each receive for his services the sum of two dollars for each election precinct in his respective county, and the clerk shall receive for his services the sum of three dollars for each election precinct in his county, and judges and clerks of election shall receive the same compensation as is provided by law for such officers at general elections. (99 v. 223 § 35.) SECTION 4991. All expenses of primary elections, including cost of supplies for election precincts and compensation of the members and clerks of boards of deputy state supervisors, and judges and clerks of election, shall be paid in the manner provided by law for the payment of similar expenses for general elections except that the expenses of primary elections in political divisions less than a county shall be a charge against the township, city, village or political division in which said election was held, and the amount so paid by the county shall be retained by the county auditor, from funds due such township, city, village or political division, at the time of making the semi-annual distribution of taxes. The amount of such expenses shall be ascertained and apportioned by the deputy state supervisors to the several political divisions and certified to the county auditor. In municipalities situated in two or more. counties, the proportion of expense charged to each of such counties shall be ascertained and apportioned by the clerk or auditor of the municipality and certified by him to the several county auditors. County commissioners, township trustees, councils, boards of education or other authorities, authorized to levy taxes, shall make the necessary levy to meet such expenses. (103 v. 510.) SECTION 4991-1. In the year 1914, and every fourth year thereafter, the candidates for state offices, except judicial offices, the candidates for member of the general assembly, the members of the state executive and central committees and the chairmen of the county central and executive committees of each political party which shall have selected candidates at the primary election of such year shall meet at such place as the state central committee of such party may designate on the second Tuesday after such primary and shall forthwith formulate the state platform of such party, which said state platform of each political party shall be so framed at such time that it shall be made public not later than six o'clock in the afternoon of the following Thursday. (103 v. 486.) Party platform, when framed. and by whom Nomination Certificate in case of filling vacancy. Vacancy caused by death of candidate after ballots printed; adhesive slips or pasters. Vacancies shall be filled by central committee. Device to designate party candidates. Transmission of certified copies of certificates. SECTION 4992. Except as provided by the preceding of candidates. chapter of this title, nominations of candidates for public office may be made as herein prescribed. (103 v. 843.) NOTE: A citizens' ticket, nominated by petition, and which polled at least one per cent of the entire vote, does not entitle a similar ticket to a place on the ballot at a subsequent election, without a petition as provided by sections 4996 and 4999. Only those parties which have a state organization, and which cast the requisite number of votes in the entire state are entitled to representation on the ballot as a party. Where a "citizens' ticket" has been nominated by a caucus or convention and the certificate thereof filed with the board of deputy state supervisors, it is the duty of the deputy state supervisors to disregard and reject such ticket. The proper manner for electors to procure the nomination of a citizens' ticket is by petition. A ticket nominated by petition is not entitled to go under a party ticket, as a regular party ticket. Where voluntary primaries are held by a political party for the nomination of candidates for public office, the executive committee of such party in its call for the primary has authority to prescribe the qualifications of voters at such primary election. The committee in taking such action should be governed by the customs and usages of the party in making nominations of candidates. Its regulations should be reasonable so as to afford an opportunity to all electors of the political party to cast their votes at such election. A primary election must be held under the auspices of some party. Under the law there cannot be a nonpartisan primary. The method provided for placing a person on the ticket without regard to party is by petition. The requirements of Section 6 (89 O. L. 434) that certified nominations of candidates for public offices must be made by "convention, caucus. meeting of qualified electors, primary election held by such electors or central or executive committee, representing a political party, which at the next preceding election polled at least one per cent. of the entire vote cast in the state" is not repugnant to any provision of the constitution. State Ex rel. Richard Plimmer v. Poston et al., 58 A number of citizens cannot caucus for the purpose of nominating a ticket. A ticket may be nominated by caucus only by an existing political party. A citizens' ticket must be nominated by petition. A political party does not have the right to fill a vacancy on its ticket by petition. A person who has been a candidate at the primary is not thereby prevented from circulating a petition to be an independent candidate, and persons who voted at the primary are not thereby prevented from signing the same. A political party casting more than one per cent. of the total vote for state officers in the state is entitled to exercise rights under section 4992 in and with respect to any of the political subdivisions of the state regardless of the number of votes cast by it in such subdivision. Its rights under section 4992 are to be determined by the votes cast in the state at large for state officers. Atty. Gen. 4-28-10. See Sec. 4950. SECTION 4993. Each certificate of nomination shall Certificate of state such facts as are in this chapter required for its nomination. acceptance and be signed by the proper officers of such convention, caucus, meeting, primary election or committee, who shall add to their signatures their places of residence and post office addresses and make oath before an officer qualified to administer it that the facts stated in the certificate are true to the best of their knowledge and belief. A certificate of the oath shall be annexed to the certificate of nomination. (89 v. 434 § 6.) NOTE: - Within the meaning of section 2966-18, Revised Statutes, the chairman and secretary of a nominating convention are "proper officers" to execute certificate of nominations made by such convention. A person who acts as secretary of two rival conventions may be compelled by mandamus to execute certificates of nomination made by each convention, in order that rival candidates may present their claims for determination by the election board named in Section 2966-23, Revised Statutes. Upon an application of this character the court will consider only questions relating to the relator's right to such certificate of nomination, leaving all questions involved in the validity of the claims of rival candidates to be the nominee to be determined by said election board. State Ex rel. Milner v. Jones, Secretary, 74 O. S. 418. Political parties, being voluntary associations, the conventions of such parties are necessarily the sole judges of the elections, returns and qualifications of their members, and courts of equity can not restrain the members of such conventions or the members of the committees on credentials from arbitrarily seating certain delegates therein. In re, Contempt, v. Grear Jr., 6 N. P. 312. Either political party may nominate and have placed on its ticket as candidates for offices, persons who have been nominated for the same office by another political party. Gregg v. Rogers, 1 N. P. 117. committee to SECTION 4994. Such certificate of nomination shall Certificate also state the names and addresses of a committee author- shall state ized to represent such political party, and such committee fill vacancies. may fill vacancies which occur in the list of nominations, unless it is otherwise specially ordered at the time of the |