or part Signing affidavit of SEC. 1g. Any initiative, supplementary or referendum What petition petition may be presented in separate parts but each part petitions shall shall contain a full and correct copy of the title, and text contain; qualifications of the law, section or item thereof sought to be referred, of signer. or the proposed law or proposed amendment to the constitution. Each signer of any initiative, supplementary or referendum petition must be an elector of the state and shall place on such petition after his name the date of signing and his place of residence. A signer residing outside of a municipality shall state the township and county in which he resides. A resident of a municipality shall state in addition to the name of such municipality, the petition; street and number, if any, of his residence and the ward solicitor. and precinct in which the same is located. The names of all signers to such petitions shall be written in ink, each signer for himself. To each part of such petition shall be attached the affidavit of the person soliciting the signatures to the same, which affidavit shall contain a statement of the number of the signers of such part of such petition and shall state that each of the signatures attached to such part was made in the presence of the affiant, that to the best of his knowledge and belief each signature on such part is the genuine signature of the person whose name it purports to be, that he believes the persons who have signed it to be electors, that they so signed said petition with knowledge of the contents thereof, that each signer signed the same on the date stated opposite his name; and no other affidavit thereto shall be required. The petition and Petition and signatures upon such petitions, so verified, shall be pre- signatures presumed to sumed to be in all respects sufficient, unless not later than be sufficient forty days before the election, it shall be otherwise proved wise proved; and in such event ten additional days shall be allowed for the filing of additional signatures to such petition. No law or amendment to the constitution submitted to the electors by initiative and supplementary petition and receiving an affirmative majority of the votes cast thereon, shall be held unconstitutional or void on account of the insufficiency of the petitions by which such submission of the same was procured; nor shall the rejection of any law submitted by referendum petition be held invalid for such insufficiency. Upon all initiative, supplementary and referendum Not less than petitions provided for in any of the sections of this article, one-half the it shall be necessary to file from each of one-half of the ercentage counties of the state, petitions bearing the signatures of not less than one-half of the designated percentage of the electors of such county. A true copy of all laws or proposed laws or proposed amendments to the constitution, together with an argument or explanation, or both, for, and also an argument or explanation, or both, against the unless other additional sig natures. designated from each of required of the coun Printing and same, shall be prepared. The person or persons who prepare the argument or explanation, or both, against any law, section or item, submitted to the electors by referendum petition, may be named in such petition and the persons who prepare the argument or explanation, or both, for any ment for and proposed law or proposed amendment to the constitution together with argu against the same. Preparation and printing of ballot. Basis upon which number of petitioners determined. may be named in the petition proposing the same. The person or persons who prepare the argument or explanation, or both, for the law, section or item, submitted to the electors by referendum petition, or against any proposed law submitted by supplementary petition, shall be named by the general assembly, if in session, and if not in session then by the governor. The secretary of state shall cause to be printed the law, or proposed law, or proposed amendment to the constitution, together with the arguments and explanations, not exceeding a total of three hundred words for each, and also the arguments and explanations, not exceeding a total of three hundred words against each, and shall mail, or otherwise distribute, a copy of such law, or proposed law, or proposed amendment to the constitution, together with such arguments and explanations for and against the same to each of the electors of the state, as far as may be reasonably possible. Unless otherwise provided by law, the secretary of state shall cause to be placed upon the ballots, the title of any such law, or proposed law, or proposed amendment to the constitution, to be submitted. He shall also cause the ballots so to be printed as to permit an affirmative or negative vote upon each law, section of law, or item in a law appropriating money, or proposed law or proposed amendment to the constitution. The style of all laws submitted by initiative and supplementary petition shall be: "Be it Enacted by the People of the State of Ohio," and of all constitutional amendments: "Be It Resolved by the People of the State of Ohio." The basis upon which the required number of petitioners in any case shall be determined shall be the total number of votes cast for the office of governor at the last preceding election therefor. The foregoing provisions of this section shall be self-executing, except as herein otherwise provided. Laws may be passed to facilitate their operation, but in no way limiting or restricting either such provision or the powers herein reserved. (Adopted Sept. 3. 1912.) RELATING TO THE FILLING OF VACANCIES IN ELECTIVE STATE OFFICES AND JUDGES HIPS. VACANCIES. office. SECTION 141. A vacancy occurring in an elective state Vacancy in office other than that of a member of the general assembly elective state or of governor, shall be filled by appointment by the governor until the disability is removed, or a successor is elected and qualified. Such vacancies shall be filled by election at the first general election for the office which is vacant, that occurs more than thirty days after the vacancy shall have occurred. The person elected shall fill the office for the unexpired term. (Cons. Art. XVII, Sec. 2; R. S. Sec. 81.) elect. SECTION 142. If the office of a judge becomes vacant Vacancy in by reason of the expiration of the term of the incumbent, office of judge; and a failure to provide therefor at the preceding election, failure to such vacancy shall be filled by appointment by the governor. The person so appointed shall hold the office until a successor is elected and qualified. Such successor shall be elected for the unexpired term at the first general election for the office which is vacant that occurs more than thirty days after such appointment. (R. S. Sec. 82.) REGULAR ELECTION DAY A HALF HOLIDAY. part holiday. SEC. 5976. The first Tuesday after the first Monday A portion of in November of each year, between the hours of twelve election day a o'clock noon, central standard time, and five-thirty o'clock p. m. central standard time, shall be a legal par holiday. (103 v. 25.) Conduct of public elections. Offices of state state supervisor and inspector. SECTION 4785. Except when otherwise provided by law, all public elections in this state shall be conducted according to the provisions of this title. (R. S. Sec. 2922; 97 v. 225 § 1.) SECTION 4786. There shall be a state supervisor and supervisor and inspector of elections and a state supervisor of elections, with the powers and duties hereinafter prescribed for the conduct and supervision of the registration of electors and of elections in this state, except as otherwise provided by law. (97 v. 218 § 1.) state shall SECTION 4787. By virtue of his office, the secretary of Secretary of state shall be the state supervisor and inspector of elections, statform duties and the state supervisor of elections and, in addition to the of such offices. duties now imposed upon him by law, he shall perform the duties of such offices as prescribed in this title. (97 v. 218 § 2.) NOTE: It is not the duty of the Secretary of State to render opinions as to every election complication that arises, but only to advise the deputy state supervisors as to the proper method of conducting elections after they have been called. DEPUTY STATE SUPERVISORS AND INSPECTORS. SECTION 4788. In each county of the state which contains a city wherein annual general registration of the electors is required by law, or which contains two or more cities in which registration is required by law, there shall be a board of deputy state supervisors and inspectors of elections, consisting of four members who shall be qualified electors of the county. (102 v. 98.) NOTE: The Deputy State Supervisors of Elections are not officers within the legal definition of that term, and, though their jurisdiction may be coterminous with that of the county, they are not county officers, and, therefore, Sec. 2966-3 R. S. does not violate Sec. 1 of Art 10 of the Constitution. State Ex rel. Vail v. Craig, 8 N. P. 148. As to powers of board of elections to employ legal counsel see State ex rel. v. Boyden, 10 O. C. D. 137. A court of equity will not enjoin a board of elections from proceeding in the exercise of its powers on the ground that such proceedings are irregular or illegal, where it does not appear that they will involve any expenditure of the public funds. Columbus v. City Board of Elections, 13 O. D. 452. The deputy state supervisors are not constituted a board, or corporate body by the statute, but each one acts simply as a deputy state supervisor, and in case of litigation the action should be against him in that capacity, and he may prosecute an error, even though the others refuse to join with him. Randall et al. v. State ex rel. Hunter et al. 64 O. S. 57. Board of deputy state su pervisors and inspectors of elections. state super SECTION 4789. On or before the first day of May, Appointment biennially, the state supervisor and inspector of elections of deputy shall appoint for each such county two members of the board visors and of deputy state supervisors and inspectors of elections, who inspectors. shall each serve for a term of four years from such first day of May. One member so appointed shall be from the political party which cast the highest number of votes at the last preceding November election for governor, and the other member shall be appointed from the political party which cast the next highest number of votes for such officer at such election. (98 v. 288 § 3.) The provision that the appointment of deputy state supervisors and inspectors of elections shall be made on or before the first day of May is directory, and such appointment if made after such date would be valid. Atty. Gen. 4-22-1908. 3 E. L. |