Sec. 2985. If the general assembly of the state should not be in session in January, previous to the second Monday thereof, next after an election for all or any of the executive officers of the state, the governor and secretary of state shall, within five days thereafter, in the office of the secretary of state, in the presence of at least two of the judges of the supreme court, open the returns of abstract number two, made to the secretary of state, for said offices; and if such returns have not been received from all the counties, recourse shall be had, for such delinquent counties, to the returns of the abstract number three; and they shall forthwith proceed to ascertain the number of votes given for the different persons, for the several offices of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state and attorney-general, as the case may be; and the person having the highest number of votes for any of said offices shall be considered duly elected, and shall be so declared by the governor; but if it appear, from the returns of abstracts aforesaid, that two or more persons have the highest and an equal number of votes for any of said offices, the governor shall communicate such fact to the general assembly, by message, at its first session thereafter. [82 v. 52.] Sec. 2986. Within ten days after the first day of December next after such election, the governor and secretary of state shall, in the office of the secretary of state, in the presence of the auditor of the state and attorney-general open the returns of abstract number two, made to the secretary of state, for state commissioner of common schools, member of the board of public works, judge of the supreme court, clerk of the supreme court, and representatives to congress for each congressional district; and if it appear that returns have been received from all the counties, agreeably to the provisions of this chapter, the governor and secretary of state shall forthwith proceed to ascertain the number of votes given for the different persons for such offices. [50 v. 311, § 24.] Where the governor and secretary of state, under Section 2986 of the Revised Statutes, in canvassing the returns of votes from a congressional district, aggregate the votes returned from one county for H. L. Morey with the votes returned from the other counties for Henry L. Morey, treating the names as designating the same person, a mandamus will not be awarded requiring the votes thus aggregated to be counted as given for different persons in the absence of an averment that the votes were intended for different persons. State Ex rel. v. Foster, 38 O. S. 599. Sec. 2987. If such returns have not been received from all the counties, and returns of abstract number three have been received by the secretary of state from the delinquent counties, agreeably to the provisions of this chapter, the governor and secretary of state shall be governed, 11 E. L. to members of general assembly-how filled. so far as relates to such delinquent counties, by the last mentioned abstracts; and the persons having the highest number of votes for the respective offices named in section twenty-nine hundred and eighty-six shall be considered duly elected; and the secretary of state may open the returns of abstract number three as they are severally received by him. [50 v. 311, § 25.] Vacancy in Sec. 2988. Whenever a vacancy happens in the office sentative of representative to congress, or senator or representative congress and to the general assembly, the governor shall, upon satisfactory information thereof, issue a writ of election, directing that a special election be held to fill such vacancy, in the territory entitled to fill the same, on a day which shall be 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; and such election shall be held and conducted, and returns thereof made, as in case of a regular election. [50 V. 311, § 28.] Making, filing sion of certified copies of abstracts in election to fill vacancy in office of member of congress. Section 2989. In any election for member of congress, and transmis to fill a vacancy, the deputy state supervisors of each county embraced in the district in which the election is held shall, within six days after the election, make, and certify an abstract, in duplicate, of the votes cast at such election in their county. Such deputy state supervisors shall file one copy of the abstract in their office and shall inclose the other in an envelope, so indorsed as to show distinctly that it is an abstract of votes, for what office and from what county, and transmit it, without delay, to the secretary of state; if the secretary of state fails to receive the abstract from any county within twelve days after such election, he shall forthwith notify the deputy state supervisors of such county thereof; and they shall, on receipt of the notice, forthwith make and transmit to the secretary of state a certified copy of the duplicate on file in their office. [90 v. 280.] Votes to be canvassed by secretary of state. Tie votes for congressmen Sec. 2990. The secretary of state shall, on the twentyfirst day after the holding of such special election, or sooner, if all the returns have been received, in the presence of the governor, or, in his absence, in the presence of the auditor and treasurer of state, (who are required to attend forthwith at the office of the secretary of state, on notice given by the secretary), open the abstracts, and canvass the votes; and the person having the greatest number of votes shall be declared duly elected, and the governor shall forthwith transmit to him by mail a certificate of his election. [50 v. 311, § 30; S. & C.. 538.] Sec. 2991. If it appears from the returns of abstracts to be decided that two or more persons, in any congressional district, have the highest and an equal number of votes for representative to congress, the governor and secretary of state by lot. shall decide by lot which of said persons is duly elected; and the governor shall transmit to each person so elected a certificate of his election, which certificate shall be signed by the governor, sealed with the great seal of the state, and countersigned by the secretary of state. [50 v. 311. § 26; S. & C. 537.] Sec. 2992. In cases where the returns of abstracts from all the counties composing a congressional district are not made within the time required by law, and in cases where any of them are made after the certificate of election has been forwarded to the person who, according to the abstracts received, has the highest number of votes, the secretary of state shall, in the presence of the governor, or, if he is absent, in the presence of the auditor and treasurer of state, when such abstract shall have been received, open the same, and the governor shall certify them to the speaker of the house of representatives of the United States. [50 v. 311, § 50; S. & C. 542.] Sec. 2994. When two or more counties are joined in a judicial district, or in a judicial, senatorial or representative district, the deputy state supervisors of each county of such circuit or district having a population not the largest shall make and, within eight days after the day of election, transmit by mail to the deputy state supervisors of the county in the circuit or district having the largest population an abstract showing the number of votes given in each election precinct in such county for each person who received votes for any office to be filled by the circuit or district; such abstract shall be attested by the deputy state supervisors and enclosed in an envelope so indorsed as to show distinctly that it is an abstract of votes, for what offices, and from what county; and it shall be opened and canvassed, as provided in section 2980, by the deputy state supervisors to whom transmitted, who shall incorporate the same in an abstract with the returns from the precincts of their county for such offices, and shall make and transmit to the persons elected certificates of their election. [90 v. 280.] CONSTITUTIONAL AMENDMENTS AND OTHER Number of votes necessary to auformance ute providing AN ACT. To regulate voting in cases where statute provides for a vote being taken on any question, but is silent as to number of votes necessary to authorize the act voted upon. (2996-1.) That in any and all cases where it is provided by statute that any question shall be submitted to the thorize per qualified voters of any township, village, county or city in act when stat- the state of Ohio, and the statute so providing is silent as for submission to the number of votes necessary to authorize the performof question is ing of the act voted upon, such statute shall be held to mean that a majority of all the qualified voters voting at said election must vote in favor thereof in order to authorize the same. [90 v. 130.] silent. As to definition of term "majority" as applied to special elections. State Ex rel. v. Amlin, 13 O. D. 334. As to method of counting votes upon the question of construction, reconstruction, enlargement or repair of bridges, see Walbridge v. Jones, 22 C. C. 682. As to majority of votes requisite at an election, and otherwise the trustees of a township to levy a special tax, see Enyart et al. v. Trustees, 25 O. S. 618. (2996-2.) Unless the act so providing for the submitting of any question to the qualified voters of any township, county, village or city also provides for the calling of a special election for that purpose, no special election shall be so called, and the question so to be voted upon shall be submitted at a regular election in such township, county, village or city, and notice that such question is to be voted upon shall be embodied in the proclamation for such election. [90 v. 130.] Where a question is submitted to the voters of a township or other sub-division, 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. L. 10-9-05. 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. CONSTITUTIONAL AMENDMENTS. (2976-1.) Sec 1. That whenever the approval of any constitutional amendment is to be submitted to a vote of the people, any state convention of a political party, which at the last preceding general election polled at least one per cent. of the entire vote cast in the state, may take action in favor of, or against the adoption of such constitutional amendment to be submitted at the next succeeding annual election, and shall certify such action to the secretary of state in the manner provided for certifying nominations for state officers, whereupon said action upon such constitutional amendment shall be printed upon the regular ballot at said election as a part of the party ticket of said party in the manner hereinafter provided. The act of the General Assembly entitled "An act to provide for the manner of submission of constitutional amendments and other questions to a vote of the people," passed May 2, 1902, (95 O. L. 352), is a valid act. State Ex rel. Sheets, Attorney General, v. Laylin, Sec- Manner of ballot. (2976-2.) Sec. 2. Such constitutional amendment or amendments shall be stated in words sufficient to clearly printing on designate the same, and such statement or statements shall be printed in a separate column on the regular ballot. On the line below such statement shall be printed the word "Yes," and on the next line below shall be printed the word "No"; provided that said statement shall also be placed on the official ballot immediately below the names of the candidates for state offices on the regular ticket of any party or parties certifying action thereon as provided in section 1 of this act, being followed by the word "yes" or the word "no" accordingly as affirmative or negative action shall have been certified thereon by said party or parties, and said statement of said amendment or question, with the action taken thereon by said party, shall thereupon become a part of said party ticket. (2976-3.) Sec. 3. The elector shall observe the fol- How ballot to lowing rules in [marking] making his ballot. I. He may make a cross in the blank space to the left of and before the answer he desires to give to the submission of any constitutional amendment, in the separate column devoted to said amendment, or he may make a cross mark in the blank space to the left of and before the statement, and answer thereto, of any constitutional amendment, as the same may be printed and certified on the ticket of any political party; whereupon, such mark shall cast his ballot for the answer opposite which it is made. 2. The voter may make a cross mark in the blank circular space at the head of any ticket upon which is printed the statement of any constitutional amendment or be marked. |