be divided by the deputy state supervisors, as hereinafter provided, into two or more election precincts, so as to limit the number of voters in each ward or precinct to two hundred, as nearly as may be practicable. (R. S. Sec. 2966-15.) with less SECTION 4846. A township wherein less than four When town. hundred votes were cast at the last preceding November ship precinct election may be divided into two election precincts, as here- number of inafter provided, if a majority of the voters therein petition be divided. therefor and the deputy state supervisors are of the opinion that such division is necessary. (R. S. Sec. 2966-15.) votes may SECTION 4847. From time to time any or all of such Precincts may be rearranged precincts may be re-arranged, subdivided or combined as or combined. often as may be deemed necessary or the convenience of electors and the prompt and correct conduct of elections. may require. (R. S. Sec. 2966-15.) SECTION 4848. No precinct so created shall contain Exceptions. less than one hundred and fifty voters, except a township precinct may contain seventy-five voters, and a municipality, or the part thereof in each township, containing fifty or more voters shall compose at least one voting precinct, as hereinbefore provided. (R. S. Sec. 2966-15.) precincts. SECTION 4849. At least thirty days previous to any Hearing in, election, the deputy state supervisors shall give ten days' case of divi notice by publication in two papers of opposite politics pub- change of lished in the county that the question whether the township, ward, or precinct shall be divided, changed or combined will be considered on a day named in the notice. On such day or some subsequent day to which the matter may be adjourned, the question of dividing, changing or combining such precinct shall be heard. If there are no remonstrances against such division, change or combination, the deputy state supervisor shall declare in favor thereof and designate the precincts so established. If twelve electors of such precinct remonstrate against such division, change or combination, the matter shall be heard and determined, and such order made for or against such division, change or combination, as is deemed proper. (R. S. Sec. 2966-15.) SECTION 4850. Nothing in the preceding sections shall What preceding section affect the powers or duties of boards of deputy state super- shall not visors in reference to the division of election precincts affect. within registration cities. The division of any election precinct into two or more subdivisions, as hereinbefore provided, shall not require the election of an assessor in each such subdivision, but in all such election precinct subdivisions there shall be elected one assessor for each original precinct unless such supervisors at the time of the division shall order that an assessor be elected in each precinct. (R. S. Sec. 2966-15.) cities. SECTION 4851. In cities in which registration is re- Precincts in quired by law, when five hundred votes or more have been registration cast at the last preceding election in any ward or in any precinct in any ward, such ward or election precinct shall be divided by the board of deputy state supervisors of the 4 E. L. Ballot boxes and custody thereof. Appointment of judges and clerks; presiding judge. county into two or more election precincts so as to limit SECTION 4852. The deputy state supervisors of each county shall cause to be provided at the expense of the county a ballot box for each election precinct therein, and cause it to be deposited with the proper township or village clerk or city auditor. Each such officer 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. After such election, such ballot box shall be forthwith returned to him by the judges of election for safekeeping. In registration cities, the care of the ballot boxes to be used at any election shall devolve upon the board of deputy state supervisors. (R. S. Sec. 2928.) PRECINCT OFFICERS. SECTION 4853. At least ten days before any general election, the deputy state supervisors of each county shall appoint for each precinct in which the voters are not registered four judges and two clerks of elections, residents of the precinct, who shall constitute the election officers of such precinct. The deputy state supervisors shall designate one judge in each precinct to act as presiding judge, who shall be selected from the dominant party in the precinct, as determined by the next preceding November election. (97 v. 222 § 6.) NOTE: "DOMINANT PARTY" - DEFINED. SEPTEMBER 17, 1909. HON. CARMI A. THOMPSON, Secretary of State, Columbus, Ohio. DEAR SIR: I beg to acknowledge receipt of your letter of September 16th, in which you request my opinion upon a question presented by Mr. Harry H. Loth, member of the board of state supervisors of elections for Auglaize county. Mr. Loth's question is as follows: "What is the meaning of the phrase 'dominant party,' as employed in section 2966-6 Revised Statutes, in describing the qualifications of the presiding judge in each precinct, and how is such definition to be applied in making appointments for the election in November, 1909, the last general election having been a presidential one?" Section 2966-6 Revised Statutes is section 6 of the supervisory election law so-called, 97 O. L. 218. The pertinent provision thereof is as follows: "The deputy supervisors shall designate one judge in each precinct who shall be selected from the dominant party in such precinct, as determined by the next preceding November election, to act as presiding judge." This section is in pari materia with section 2966-3, being section 3 of the same act, which provides for the appointment of the deputy state supervisors of elections. Among other provisions therein are the following: * "One member (of the board of deputy state supervisors "Appointments shall be made from two political parties The phrase "dominant party" being nowhere specifically defined, it is my opinion that it should be construed in the light of the clauses last above quoted, and that in ascertaining such "dominant party" in a given precinct for the election in November, 1909, the deputy state supervisors should be guided by the vote cast for governor in 1908. That cast for secretary of state may be disregarded, as the law was evidently framed to fit conditions as they were when there were annual elections for state officers, and the candidates for governor and secretary of state appeared alternately at the head of each ticket.. Yours very truly, U. G. DEN MAN, That part of section 2966-6 Revised Statutes above referred to was enacted into section 4853 of the General Code, and that part of section 2966-3 of the same act was enacted into section 4804 of the General Code. Following the above opinion of U. G. Denman, Attorney General, the ruling of the State Supervisor of Elections is that in ascertaining the dominant party in a given precinct for the election in November, 1911, the deputy state supervisors should be guided by the vote cast for Governor in 1910. Judges and clerks of elections should be selected from "political parties," within the meaning of this section. The board may in its discretion appoint a judge or clerk from a political party other than the two political parties which cast the highest and next highest number of votes in the precincts at the next preceding November election. A member of a board of deputy state supervisors is not eligible to serve as a judge or clerk of elections or registrar of a precinct within the jurisdiction of such board. There must be four judges and two clerks of elections in each township precinct, who must be divided numerically among the political parties, but if a sufficient number do not reside in the precinct they may be selected from other precincts. Atty. Gen. 10-20-1908. This section does not authorize the employment of more than two clerks of election in each voting booth. Atty. Gen. 10-25-1909. In the absence of statutory direction as to the manner of notice, the custom of mailing to each judge and clerk his certificate of appointment should govern. It is doubtful whether the deputy supervisors may incur unusual expense for this purpose. Atty. Gen. 1-21-1910. clerks; va SECTION 4854. The terms of the judges and clerks Terms of shall terminate at the end of one year from the date of judges and their appointment, at which time their successors shall be cancies. appointed to similar terms of office as herein provided. Not more than two iudges and not more than one clerk shall Oath of judges and clerks. What officers may adminis ter oaths to judges and clerks. Appointments for unexpired terms. Judges and removed. belong to the same political party. If a judge or clerk in a precinct fails to appear on the morning of election, the electors present shall viva voce choose a suitable person, having the qualifications of an elector, to fill the vacancy, who shall be from the political party to which the absent judge or clerk belongs. (97 v. 222 § 6.) NOTE: The terms of judges and clerks cannot extend beyond, can such officers hold over beyond a year from their appointment. nor SECTION 4855. The judges and clerks of election shall each take and subscribe to the following oath, which, upon request of the person appointed, shall be administered without compensation by a person authorized to administer oaths and which shall be filed with the clerk of the board of deputy state supervisors: State of Ohio, .. county, ss. I do solemnly swear that I will support the constitution of the United States and of the state of Ohio, and to the best of my ability discharge the duties of judge ... ....clerk tion in and for precinct ship, .... .of the elec town .county, at the next ensuing election, and I further swear that if, in the discharge of my official duties, I gain knowledge as to how any elector voted at such election, I will not disclose it. Signed SECTION 4856. The judges and clerks of elections may be sworn by the clerk of the board or a member thereof, and the presiding judge may administer the oath to the other election officers of his ward, township or precinct. (97 v. 222 § 6.) SECTION 4857. When new precincts have been created or vacancies exist, the deputy state supervisors, at least ten days before any regular election, shall appoint judges and clerks of elections for such precinct, who shall serve for the unexpired terms. (97 v. 222 § 6.) SECTION 4858. The judges and clerks of elections apclerks may be pointed as provided in this chapter may be summarily removed from office at any time by the board of deputy state supervisors for neglect of duty, malfeasance or misconduct therein, and in all cases the last appointment to either of such offices for a precinct shall be recognized as valid. When any such officers have been removed and new appointments made, the board of deputy state supervisors shall immediately send notice thereof to the board of precinct officers. (97 v. 222 § 6.) SECTION 4859. The judges and clerks of elections, General provided for herein, shall serve as such in all elections duties of judges and held under the provisions of this title. They shall perform clerks. all the duties and be subject to all the penalties imposed by law upon judges and clerks of elections. (97 v. 223 § 8.) SECTION 4860. Such judges and clerks shall each re- Compensation. ceive as compensation for their services the sum of three dollars, which services shall be the receiving, recording, canvassing and making returns of all the votes that may be delivered to them in the voting precinct in which they preside on each election day. In any county containing a city having a population of three hundred thousand or more by the last preceding federal census, the compensation of such judges and clerks for such services shall be five dolIn cities where registration is required, the compensation of judges and clerks shall be as otherwise provided by law. (97 v. 222 § 6.) lars. NOTE: Compensation of judges and clerks of elections need not be allowed for by county commissioners. Atty. Gen. 8-19-1907. |