Time of congressional elections. Election of Senators by the electors of the state. Notice of election. to be held, and such proclamation shall also be inserted in a newspaper published in the county. (R. S. Sec. 2977.) NOTE: The sheriff is not required to make proclamation of election for township and municipal officers. Atty. Gen. 9-25-1907. Notice of the submission of any question to be voted upon should be embodied in the proclamation. See Sec. 4840 G. C. Though the neglect of a Sheriff by proclamation, to give notice of an election may be competent evidence, in connection with other circumstances, to prove fraud, or conspiracy on the ground of which an election is contested, such neglect is not conclusive of the invalidity of an election. State ex rel. Attorney General v. Taylor, 15 O. S. 137. A proceeding in mandamus to compel the Sheriff to give notice and make proclamation to the qualified voters of a county to elect a judge of the court of common pleas therein is properly instituted upon the relation of an elector of such county. State v. Brown, 38 O. S. 344. As to the Sheriff's proclamation, see further Foster v. Scarff, 15 O. S. 532. SECTION 4828. Biennially, on the first Tuesday after the first Monday in November in the even-numbered years, the electors of each congressional district shall vote for a representative in the congress of the United States for the term commencing on the fourth day of March next thereafter. (R. S. Sec. 2979.) NOTE: Section 4828-1 provides for the apportionment of congressional districts for Ohio under the thirteenth census of the United States (103 v. 568). SEC. 4828-2. On the first Tuesday after the first United States Monday in November, 1914, and every sixth year thereafter, and on the first Tuesday after the first Monday in November, 1916, and every sixth year thereafter, the electors of the state shall vote for a member of the senate of the United States, each for the term commencing on the 4th day of March next succeeding his election. Notice of such elections shall be given by the proper sheriffs of the several counties of the state at the same time and in the same manner as is provided for in section 4827 for the election of state officers. (104 V. 8.) Vacancy in representation in the U. S. senate, how filled. Special election. SEC. 4828-3. When by death, resignation or otherwise, a vacancy occurs in the representation of this state in the senate of the United States, the same shall be filled forthwith by appointment by the governor who shall have power to appoint to fill such vacancy some suitable person having the necessary qualifications for senator, which appointee. shall hold office until the fifteenth day of December next succeeding the next election of state officers which occurs more than one hundred and eighty days after such vacancy happens. At such next election of state officers a special election to fill such vacancy in the office of United States senator shall be held, which special election shall be governed in all respects by the laws of this state controlling regular elections for such office. Candidates to be voted for Writ issued by governor directing special elec tion to at such special election shall be nominated in the same manner as is provided for the nomination of candidates at regular elections. At least one hundred and eighty days prior to the date of such election of state officers the governor shall issue a writ, directing that a special election be held to fill such vacancy as herein provided. Such writ shall be directed to the state supervisor of elections and a copy thereof sent by mail to the sheriff of each county in the Copy to state who shall give notice of the time and place of holding such special election in the same manner and at the same time provided in section 4827 for giving similar notice for regular elections. (104 v. 8.) state super. visor of elections. sheriffs. Vacancy in office of congressman or member of general as SECTION 4829. When a vacancy in the office of representative to congress or senator or representative to the general assembly occurs, the governor, upon satisfactory information thereof, shall issue a writ of election, directing sembly. that a special election be held to fill such vacancy in the territory entitled to fill it on a day specified in the writ. Such writ shall be directed to the sheriff or sheriffs within such territory who shall give notice of the time and places of holding such election as in other cases. Such election shall be held and conducted and returns thereof made as in case of a regular election. (R. S. Sec. 2988.) sheriff. SECTION 4830. For services performed under this title Fees of the sheriff shall receive the following fees: From the county treasury to be credited to his fee fund: For advertising the election, twenty-five cents for each election precinct but not less than fifty cents for each township in the county. Mileage at the rate of eight cents a mile for the distance actually traveled. (102 v. 287.) ELECTIONS IN ODD NUMBERED YEARS. justices of SECTION 4831. Township officers and justices of the Township peace shall be chosen by the electors of each township on officers and the first Tuesday after the first Monday in November in the peace. the odd numbered years. (R. S. Sec. 1442.) NOTE: The electors of an incorporated village located within a township, are entitled to participate in the election of township officers, and such officers may or may not be residents of the municipality. Atty. Gen. 12-30-1909. See also Halsey et al. v. Ward, 17 O. S. 543. election. SECTION 4832. At least twenty days before the reg- Notice of ular election for township officers, the township trustees township shall issue their warrant to a constable of the township, directing him to notify the electors of the township to assemble at the time and place appointed for the regular election. The warrant shall enumerate the officers to be chosen at the election. On application of two or more freeholders of the township for that purpose, the trustees shall insert in the warrant such other question, if any, as may be proposed to be submitted at such election. (R. S. Sec. 1445.) NOTE: :- An election will not be declared void because the notice required by statute was not given for the full length of How notice served. Notice of elections in precincts. Judges of superior court time specified, when it appears that the great body of electors had actual notice of and participated in the election. Harpster v. Brower, et al., 5 C. C. 395. See Sec. 4840 G. C. SECTION 4833. The constable who receives such warrant shall notify the electors of the township by posting copies of the warrant in at least three public places in the township at least ten days before the meeting of the electors. If the office of one or more of the trustees is vacant, the township clerk, together with the trustee or trustees in office, shall issue such warrant. (R. S. Sec. 1446.) SECTION 4834. In townships which have been divided, the trustees shall give fifteen days' notice of the time and place of holding elections in the precincts of such townships by posting written or printed notices in such number of places as to them seem proper for the general information of the electors of the several precincts. (R. S. Sec. 1392.) SECTION 4835. The judges of the superior court of of Cincinnati. Cincinnati shall be elected by the electors of the city of Cincinnati on the first Tuesday after the first Monday of November of each odd-numbered year preceding that in which the term of any such judge expires. (R. S. Sec. 483.) Election of municipal officers. Mayor shall issue proclamation of election. Election of members of the board of education. Notice of school elections. SECTION 4836. All elective municipal officers and judges and clerks of police courts and assessors in municipalities shall be chosen on the first Tuesday after the first Monday in November in the odd-numbered years. (98 V. 172 § 222.) SECTION 4837. Previous to any election for municipal officers, the mayor shall issue a proclamation to the electors of the corporation or of the respective wards or districts thereof, as the case may require, setting forth the time and places of election and the officers to be chosen, and cause such proclamation to be published in a newspaper printed in the corporation at least ten days previous to the election. If no such newspaper is published in the corporation, such notice may be given by posters. (R. S. Sec. 1726.) NOTE: See Sec. 4840 G. C. SECTION 4838. All elections for members of boards of education shall be held on the first Tuesday after the first Monday in November in the odd-numbered years. (97 v. 40 § 2.) SECTION 4839. The clerk of each board of education shall publish a notice of all school elections in a newspaper of general circulation in the district or post written or printed notices thereof in five public places in the district at least ten days before the holding of such election. Such notices shall specify the time and place of the election, the number of members of the board of education to be elected, and the term for which they are to be elected, or the nature of the question to be voted upon. (97 v. 354 § 2.) PROVISIONS APPLICABLE EACH YEAR. special elec vided for. SECTION 4840. Unless a statute providing for the sub- Submission of mission of a question to the voters of a county, township, question when city or village provides for the calling of a special election tion not profor that purpose, no special election shall be so called. The question so to be voted upon shall be submitted at a regular election in such county, township, city or village, and notice that such question is to be voted upon shall be embodied in the proclamation for such election. (90 v. 130 § 2.) NOTE: Where a question is submitted to the voters of a township or other subdivision, such as the question of the issue of a tax levy, such question should be printed upon a separate ballot and deposited in a separate ballot box presided over by the regular judges and clerks of election. See Sec. 5020 G. C. Where an act providing for the submission of the question of issuing bonds for a county soldiers' and sailors' memorial to a vote of the electors of the county, makes no provision for a special election and no provision as to the manner of submitting such question, but merely directs that it be submitted to the "popular vote at the next regular county election," the submission of such question at the next general state and county election is not a separate election, but is the submission of a question at the general election as provided by Secs. 2996-2 and 2966-32 Rev. Stat., and the deputy state supervisors of elections are not entitled to any additional compensation for so submitting such question. State ex rel. v. Jones, 14 O. D. 109. A special election may be held upon the date of a primary election and by the same judges and clerks. as to sale of election day. liquors on SECTION 4841. Three days previous to and on the Proclamation day of any election, the mayor shall issue a proclamation to the public, setting forth therein the substance of the enactment to prohibit the sale of intoxicating liquors upon that day, and he shall take proper measures for the enforcement of such enactments. (R. S. Sec. 1838.) NOTE: On any day on which an election is held under the general election laws saloons must be closed within the district or political subdivision for which such election is held. Atty. Gen. 12-7-1908. The mayor should publish his proclamation respecting the closing of saloons on the day of holding the primary election. Atty. Gen. 8-31-1909. Township precincts. Municipal precincts. Where elec cincts held. SECTION PRECINCT OFFICERS. 4853. Appointment of judges and clerks; pre- Terms of judges and clerks; vacancies. 4854. 4855. 4856. What officers may administer oaths to judges and clerks. 4857. Appointments for unexpired terms. 4858. Judges and clerks may be removed. 4859. General duties of judges and clerks. 4860. Compensation. SECTION 4842. Each township, exclusive of the territory embraced within the limits of a municipal corporation, shall compose an election precinct, unless such township is divided according to law into precincts. (R. S. Sec. 2923.) SECTION 4843. Each municipal corporation, containing fifty or more voters, shall compose an election precinct, unless such corporation is divided according to law into precincts. If a municipal corporation is situated in two or more townships or counties, the territory of such corporation situated in each township or county, together with such territory as may be attached thereto for voting purposes, shall constitute at least one election precinct, if there are fifty or more voters therein. Territory annexed to a village for school purposes may be included within a village precinct, if the deputy state supervisors are of the opinion it is practicable and most convenient to the voters. Each ward of a city shall compose one election precinct, unless it is divided according to law into precincts. (R. S. Sec. 2923, 2966-15.) SECTION 4844. Elections shall be held for each towntions for pre- ship precinct at such place within the township as the trustees thereof shall determine to be most convenient of access for the voters of the precinct. Elections shall be held for each municipal or ward precinct at such place as the council of the corporation shall designate. In registration cities, the deputy state supervisors shall designate the places of holding elections in each precinct. (R. S. Sec. 2923.) Precincts with four hundred votes or more may be divided. SECTION 4845. When four hundred votes or more have been cast at the last preceding November election in a municipality where registration is not required or in any ward or precinct thereof, and when such number of votes have been cast at such election in a township or precinct thereof, such municipality, township, ward or precinct may, or when a majority of the voters petition therefor shall, |