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Sec. 2946. All judges of election, in determining the residence of a person offering to vote, shall be goyerened by the following rules, so far as the same may be applicable:

1. That place shall be considered the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning. 2. A person shall not be considered to have lost his residence who leaves his home, and goes into another state, or county of this state, for temporary purposes merely, with the intention of returning.

3. A person shall not be considered to have gained. a residence in any county of this state, into which he comes for temporary purposes merely, without the intention of making such county his home.

4. The place where the family of a married man resides shall be considered and held to be his place of residence, except where the husband and wife have separated and live apart, then the place where they resided at the time of the separation shall be considered and held to be his place of residence, unless he afterward, and during the time of such separation, remove from such place, in which case the county, township, city, or village in which he resides the length of time required by the provisions of this section to entitle a person to vote, shall be considered and held to be his place of residence.

5. If a person move to another state with an intention to make it his permanent residence, he shall be considered to have lost his residence, in this state.

6. If a person remove to another state, with an intention of remaining there an indefinite time, and as a place of present residence, he shall be considered to have lost his residence in this state, notwithstanding he may entertain an intention to return at some future period.

7. The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention.

8. If a person go into another state, and while there exercise the right of a citizen by voting, he shall be considered to have lost his residence in this state.

All questions of the right to vote shall be heard. and determined by the judges of election. [75 v. 16, § 1.]

The question of qualification of a voter must be decided by the judges of election, at the time he presents himself to vote, and their decision must be governed by the instructions prepared and furnished by the Secretary of State under Sec. 2966-14 R. S. L. 11-5-06.

A resident of the District of Columbia or other federal terri tory, while engaged in the government service, may elect a place of residence for voting purposes elsewhere. But he must have a clear intention of returning to such voting residence as soon as his temporary employment in the service of the government has ended. L. 11-9-06.

Rules to govdetermining residence.

ern judges in

Where inmates of soldiers' home may vote.

Cincinnati. legal resi

dence of in

infirmary.

The vote of a man otherwise qualified, who is not a lunatic or idiot, but whose faculties are greatly enfeebled by age, ought not to be rejected.

Sinks v. Reese, 19 O. S. 307.

Sec. 2947. Disabled soldiers, who are inmates of a national asylum for disabled volunteer soldiers, who are citizens of the United States. and have resided in this state one year next preceding the election, and are otherwise qualified as to age and residence within the county and township, shall be held and deemed to have their lawful residence in the county and township in which such asylum is located. [67 v. 98, § 1.]

See Renner v. Eennett, 21 O. S. 431.

(2947-1.) Sec 1. The legal residence of any qualified elector, who may be an inmate of any infirmary owned mates of city or maintained by any city of the first grade of the first class, shall be the ward or precinct of such city where said inmate was domiciled or resident at the time of his admission to said infirmary, and shall so continue during the time he may be an inmate thereof. [87 v. 124.]

Defining the legal residence of inmates of infirmaries in

( 2947-2.) Sec. 1. The legal residence of any qualified elector, who may be an inmate of any infirmary owned or maintained by any city of the first or second class, shall certain cities, be the ward or precinct of such city where said inmate was domiciled or resident at the time of his admission to said infirmary, and shall so continue during the time he may be an inmate thereof. [87 v. 316.]

Defining legal residence of

firmaries.

(2947—3). Sec. 1. The legal residence of any qualiinmates of in- fied elector, who may be an inmate of an infirmary in any county of the state, having a population at the last federal census, in 1880, and which, at any subsequent federal census, may have a population of 42,871, shall be the ward, precinct or township of such city or county where said inmate was domiciled or resident at the time of his admission to said infirmary, and shall continue during the time he may be an inmate thereof. [86 v. 244.]

When may challenge a person offering to vote.

How judges to proceed when person offering to vote is challenged.

See Sturgeon v. Korte, 34 O. S. 525.

CHALLENGES.

Sec. 2939. Judges of election shall, and any elector may, challenge every person offering to vote, whom they know or suspect is not duly qualified as an elector under the constitution and laws of the state. [39 v. 13, § 18.]

Sec. 2940. If a person offering to vote be challenged as unqualified, one of the judges shall tender to him the following oath: "You do swear (or affirm) that you will fully and truly answer all questions as shall be put to you touching your place of residence, and qualifications as an elector at this election."

First If the person be challenged as unqualified on the ground that he is not a citizen, the judges, or one oi them, shall put the following questions:

I.

Are you a citizen of the United States?

2. Are you a native or naturalized citizen?

If the person offering to vote claims to be a natural- ́ ized citizen of the United States, he shall, before his vote shall be received, produce, for the inspection of the judges of the election, a certificate of his naturalization, and also state under oath or affirmation, that he is the identical person named therein; but the production of the certificate shall be dispensed with if the person offering to vote state, under oath, when and where he was naturalized, that he has had a certificate of naturalization, and that, against his will, the same is lost, destroyed, or beyond his power to produce to the judges of the election; or if he state, under oath, that by reason of the naturalization of his parents, or one of them, he has become a citizen of the United States, and when and where his parent or parents were naturalized, the certificate of naturalization need not be produced.

Second If the person be challenged as unqualified on the ground that he has not resided in this state for one year immediately preceding the election, the judges, or one of them, shall put the following questions:

I. Have you resided in this state for one year immediately preceding this election?

2. Have you been absent from this state within the year immediately preceding this election? If yes, then

3. When you left this state did you leave for a temporary purpose, with the design of returning, or for the purpose of remaining away?

4. Did you, while absent, look upon and regard this state as your home?

5. Did you, while absent, vote in any other state?

Third If the person be challenged as unqualified on the round that he is not a resident of the county or precinct where he offers to vote, the judges, or one of them, shall put the following questions:

I. Have you resided in this county for thirty days. last past?

2. Have you resided in this precinct for twenty days. last past?

3. When did you last come into this county?

4. When you came into this county did you come for a temporary purpose merely, or for the purpose of making it your home?

5. Did you come into this county for the purpose of voting in this county?

6. Are you now an actual resident of this precinct?

If he refuses

to answer any

question, vote to be rejected.

Further oath if challenge not withdrawn.

Rejection of vote of person who refuses to take oath, or is not a legal voter; oaths of wit

nesses.

When clerk to

book the word "sworn."

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Fourth If the person be challenged as unqualified on the ground that he is not twenty-one years of age, the judges, or one of them, shall put the following question:

Are you twenty-one years of age, to the best of your knowledge and belief?

The judges of election, or one of them, shall put all such other questions to the person challenged, under the respective heads aforesaid, as may be necessary to test his qualifications as an elector at that election. [54 v. 136, § 13.]

See Esker v. McCoy 50 O. D. (Reprint) 694.

Sec. 2941. If a person challenged refuse to answer fully any question put to him, as provided in the last preceding section, the judges shall reject his vote. [39 v. 13, § 14.]

Sec. 2942. If the challenge be not withdrawn after the person offering to vote has answered the questions put to him as aforesaid, one of the judges of election shall tender to him the following oath: "You do solemnly swear (or affirm) that you are a citizen of the United States, of the age of twenty-one years; that you have been an inhabitant of this state for one year next preceding this election; that you are now an actual resident of this precinct; and that you have not voted at this election." [39 v. 13, § 15.1 Sec. 2943. If any person refuses to take the oath so tendered, his vote shall be rejected; and after such oath has been taken a majority of the judges may refuse to permit such person to vote if they are satisfied from record evidence, or the testimony adduced before them that he is not a legal voter; otherwise the vote shall be accepted; and they may administer the necessary oaths to all witnesses brought before them to testify to the qualifications of the person offering to vote. [90 v. 310.]

See Jeffries v. Ankenny 11 O. 372.

Sec. 2944.

Whenever the vote of any person is reenter on poll ceived after he has taken the oath prescribed in section two thousand nine hundred and forty-two, the clerks of election shall write on the poll-book, at the end of such person's name, the word "sworn." [39 v. 13, § 17.]

How ballot to be received and deposited, etc.

Sec. 2950. The judge to whom a ticket is delivered shall, upon the receipt thereof, pronounce with an audible. voice the name of the elector; and if no objection be made as to the right of such elector to vote, and the judges are satisfied that he is a citizen of the United States, and legally entitled, according to the constitution and laws of this state, to vote at the election, he shall immediately put the ticket into the box, without inspecting the names written or printed thereon; and the clerks of the election shall enter the name of the elector, and number, in the pollbooks, in the manner and form provided by law. [97 v. 217.1

BALLOT LAWS.

(2966-13-) Sec. I. That hereafter elections of all public officers, except road supervisors, and all officers of original surveyed townships, in this state, shall be conducted according to the provisions of this act and existing laws not inconsistent therewith. [97 v. 225.]

Non-observance of the requirements of the election law which did not affect the result of the election, its fairness and honesty, did not invalidate the election, although the requirements are mandatory in form.

Gregg v. Rogers, 1 N. P. 117.

Election laws are to be construed liberally so as to preserve, if possible, and not defeat the choice of the people as expressed at an election.

Fike v. State, 4 C. C. (N. S.) 81.

A special election in a city to vote on the question of constructing a new school building, or the issue of bonds, should be conducted by the deputy state supervisors, and held at the regular voting precinct. L. 6-18-03.

Nominations of manager of agricultural societies is not required to be made in accordance with the ballot laws, but may be governed solely by the action of the board of agriculture of the state or county under whose auspices such elections are held, such name should not be placed upon the regular ballot. L. 9-28-03.

Member of the County Agricultural Board is not a public officer within the meaning of this section. L. 10-12-03.

(2966-14.) Sec. 2. imposed on him by law, the secretary of state shall prepare and furnish to the deputy state supervisors of elections, for their guidance, forms of all the blanks, cards of instruction, including poll-bo ks and tally-sheets, certificates of nomination and designs, provided for hereinafter, for the conduct of elections in this state. [90 v. 268.]

In addition to the duties now

Sec. 2006-17. No person being a candidate for any office to be filled at an election shall serve as deputy state supervisor of clerk thereof, or as a judge or clerk of elections in any precinct at such election; and any person serving as deputy state supervisor or clerk thereof, judge or clerk of election contrary to the provisions of this section, shall be ineligible to any office to which he may be elected at such election. [95 v. 47.]

An officer of a municipality may act as a member of the board if his duties as such officer do not interfere with his duties as a member of the board. But when a deputy supervisor, or a clerk of the board becomes a cardi late on the ticket at an election under control of the board of deputy state supervisors, such officers must resign from the latter board. L. 10-15-06.

Where the presiding judge of an election was a candidate for an office to be voted for at such election, such judge so acted

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