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SECTION 5123. No election shall be set aside for want of form in the poll books, provided they contain the substance. (R. S. Sec. 2962.)

SECTION 5123-1. That at the election to be held on the first Tuesday after the first Monday of November, 1913, the judges and clerks of election in each township, ward and precinct shall, in addition to the returns provided by law, at the same time make return to the deputy state supervisors of elections of the vote cast for and against any proposed amendments to the constitution of Ohio that may be submitted to the voters of the state for adoption or rejecion at such election. (103 v. 724.)

SECTION 5123-2. A return of the votes cast for and against any such proposed amendment or amendments shall be certified and made by the deputy state supervisors of elections of each county to the state supervisor of elections, within ten days after said election; and within thirty days after such election the governor, secretary of state and attorney general shall open and canvass said returns, and ascertain whether or not a majority of the electors voting on each several amendment have voted in favor thereof and if the majority of the electors voting on any amendment shall have voted in favor thereof, the governor shall make proclamation thereof without delay and such amendment. shall become a part of the constitution. (103 v. 724.)

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Presidential electors.

Commission to hear contest.

5165. Trial of contest.

5169. Contest of election of municipal officers.

PRESIDENTIAL ELECTORS.

SECTION 5124. Any qualified voter may contest the election of the electors of president and vice president of the United States, or any of them, by serving notice upon each contestee in the manner and time prescribed in case of contest of the election of county officers, and filing a copy of such notice with the governor within five days after the mailing by him of the certificates of election of such electors. The provisions of law relating to the taking of testimony in contest of elections of county officers shall apply to such contest, except that all testimony taken and all matters relating to the contest shall be sent to and filed with the secretary of state before the day appointed by the governor for the hearing. Such contest shall be heard and determined as hereinafter provided. (R. S. Sec. 2970a.)

SECTION 5125. Upon the filing of a copy of such notice with the governor, he shall within five days appoint four judges of the court of appeals, not more than two of whom shall be of the same political party, cr so reputed to

be, who, with the governor, shall be a commission to hear and determine such contest. He shall appoint the time of such hearing, which shall be within ten days, and give such judges notice thereof. Thereupon a certified copy of the notice filed with the governor by the contestor, and notice in writing to the contestee or contestees of the time so appointed for the hearing, requiring him or them to attend in the hall of the supreme court at Columbus at such time, and answer the contest, shall be issued by the secretary of state to the sheriff of Franklin county, or if he is disqualified, to the coroner thereof. Such certified copy and notice in writing shall be served by the sheriff or coroner upon such contestee or contestees in any county, and return thereof made to the secretary of state, as upon summons in civil action. The secretary of state shall act as secretary of the commission and discharge such duties as it directs. (103 v. 422.)

rules govern

SECTION 5126.. In hearing and determining such con- Powers of and test, the commission shall have and exercise all the powers me commis and authority and be governed by the same rules of pro- sion. cedure as are hereinafter prescribed for contests of elections of state officers, so far as they are applicable, and subject to the constitution and laws of the United States. In any order or vote by the commission in the final decision or judgment upon the contest, the governor shall vote, if the other members of the commission are equally divided, and not otherwise. Upon the contest at any election of electors of president and vice president of the United States, the judgment of the commission shall be final and conclusive thereof, and the record of the judgment and proceedings shall be filed and kept by the secretary of state in his office. (R. S. Sec. 2970c.)

ment of

SECTION 5127. If the contestee or contestees are Proceedings ousted by the judgment of the commission, the certificates under judg of election issued to him or them shall be null and void. ouster. The governor shall forthwith make and transmit by mail to the person or persons ascertained and determined by the judgment of the commission to have been duly elected, a certificate of his or their election to such office and shall cause notice of his or their election and of such judgment to be proclaimed and published as prescribed by law int case of original notice of election of electors. (R. S. Sec. 2970d.)

SECTION 5128. The commission shall render judgment Costs. against the party failing in the contest for all the costs, including costs of depositions filed and allowed. Execution therefor shall be issued to any sheriff in the state and levied and collected as upon judgment and execution at law. Security for costs, satisfactory to the secretary of state, shall be given by the contestor or contestors before notice of the contest shall be issued by him. (R. S. Sec. 2970e.)

Contest of
election of

state officers
and supreme
and court of
appeals
judges.

Who may contest such

election.

Mode of procedure.

Notice; answer and reply.

Extension of time; testimony.

Taking and filing testi

mony.

STATE OFFICERS, SUPREME AND COURTS OF APPEALS JUDGES.

SECTION 5129. The supreme court shall have exclusive jurisdiction of the contest of elections of state officers, chief justices of the supreme court, supreme court judges and of judges of the court of appeals. If either party to the contest is chief justice or a member of the supreme court, he shall not sit in the determination of his contest, nor in the making of any order preliminary or incident thereto, nor shall he sit in the determination of the contest nor upon any question preliminary or incident thereto of the election of any candidate voted for at the same election in which he was a candidate for the office of chief justice or judge of the supreme court which is being contested, if his election is also contested. (103 v. 423.)

SECTION 5130. Any elector having a right to vote for any candidate for state officer, chief justice or judge of the supreme court or judge of the court of appeals, by taking an appeal from the finding and decision of the canvassing board which finds and declares the result of the election of such state officer or judge, to the supreme court of the state, may contest the election of such state officer or judge. (103 v. 423.)

SECTION 5131. Such appeal shall be taken and filed in the supreme court within ten days from the declaration of the result of the decision by the proper canvassing board, and the appeal shall be in the form of a relation addressed to the court, in which shall be set forth in brief and plain terms that such appeal is taken, by whom, and upon what to the answer of the contestee. (89 v. 364 § 8.)

SECTION 5132. Notice of such appeal together with a copy of the relation shall be served upon the contestee in the same manner as a summons in a civil action, within five days from the time of filing the appeal. The contestee shall have fourteen days from the time service has been made upon him in which to answer the relation, and the contestor shall have seven days thereafter in which to reply to the answer of the contestee. (89 v. § 8.)

SECTION 5133. Upon notice to the opposite party, the court or a judge thereof may for a good reason extend the time for either answer or reply. Testimony may be taken by either party as in civil actions at any time after copy of relation has been served upon the contestee. Any notary public may take such testimony in any county in the state, without reference to the county in which he resides. If taken in short-hand, the signature of the witnesses shall not be necessary to depositions so taken, if such depositions have been read over to the witness and approved and the facts are certified by the notary. (89 v. 365 § 9.)

SECTION 5134. In contests of election in the supreme court, all testimony shall be in the form of depositions. The contestor shall take and file his testimony within thirty

days from the time his reply should be filed, unless upon notice of the contestee further time is given by the court or a judge thereof. The contestee shall file his testimony within thirty days from the expiration of the contestor's time, unless upon notice to the contestor further time is granted by the court or a judge thereof. (89 v. 365 § 10.)

SECTION 5135. The court shall hear and determine Hearing and such contest in a summary manner, and, if practicable, be- judgment. fore the term of office in question shall begin, and to that end the court shall make any and all proper orders as to time and manner of procedure. It shall have full power to render such judgments and make such orders as the. laws and the facts may warrant, including judgments of ouster and induction. (89 v. 365 § 11.)

SECTION 5136. If the contesting elector be not the Bond and claimant of the office, he shall at the time of filing his costs. appeal file a bond with surety approved by the clerk, conditioned that he will pay all costs that may be adjudged against him therein. Upon final hearing, the court shall adjudge the costs of the case as it deems just and equitable, and in such adjudication it may find what part, if any, thereof should be paid from the state treasury. (89 v. 365 § 12.)

JUDGES OF COMMON PLEAS AND SUPERIOR COURTS.

SECTION 5137. The court of appeals shall have exclusive original jurisdiction of the contest of election of common pleas and superior court judges. The contest shall be had in the county in which the contestee resides. Any elector of the city, county or subdivision may contest the election of any such judge by taking an appeal from the finding and decision of the canvassing board which finds and declares the result of the election of such judge to the court of appeals of the county in which the contestee resides. (103 v. 423.)

SECTION 5138. Such appeal shall be taken and filed in the court of appeals within ten days from the declaration of the results by the canvassing board. The appeal shall be in the form of petition, addressed to the court, in which shall be set forth in brief and plain terms that such appeal is taken, by whom and upon what grounds the election is contested. Notice of the appeal, together with a copy of the petition, shall be served upon the contestee in the same manner that summons in civil action may be served, within five days from the time of filing the appeal. (103 v. 423.)

Contest of election of and superior

common pleas

court judges.

How appeal shall be

taken.

SECTION 5139. The contestee shall have fourteen days Time for from the time service has been made upon him to file his answer and answer, and the contestor shall have five days thereafter reply. to reply. The contest shall be confined to the matters alleged in the pleading. (89 v. 363 § 1.)

SECTION 5140. Testimony may be taken by either con- Testimony. testor or contestee, as in civil action, at any time after

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