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November in the even numbered years; and all elections for all other elective officers shall be held on the first Tuesday after the first Monday in November in the odd numbered years.

SEC. 2. The term of office of the governor, lieutenant governor, attorney-general, secretary of state and treasurer of state shall be two years, and that of the auditor of state shall be four years. The term of office of the judges of the supreme court and circuit courts shall be such even number of years not less than six (6) years as may be prescribed by the general assembly; that of the judges of the common pleas court six (6) years and of the judges of the probate court, four (4) years, and that of other judges shall be such even number of years not exceeding six (6) years as may be prescribed by the general assembly. The term of office of justices of the peace shall be such even number of years not exceeding four (4) years, as may be prescribed by the general assembly. The term of office of the members of the board of public works shall be such even number of years not exceeding six (6) years as may be so prescribed; and the term of office of all elective. county, township, municipal and school officers shall be such even number of years not exceeding four (4) years as may be so prescribed.

And the general assembly shall have power to so extend existing terms of office as to effect the purpose of section 1 of this article.

Any vacancy which may occur in any elective state office other than that of a member of the general assembly or of governor, shall be filled by appointment by the governor until the disability is removed, or a successor elected and qualified. Every such vacancy shall be filled by election at the first general election for the office which is vacant, that occurs more than thirty (30) days after the vacancy shall have occurred. The person clelcted shall fill the office for the unexpired term. All vacancies in other elective offices shall be filled for the unexpired term in such manner as may be prescribed by law.

SEC. 3. Every elective officer holding office when this amendment is adopted, shall continue to hold such office for the full term for which he was elected, and until his successor shall be elected and qualified as provided by law.

OHIO ELECTION
ELECTION LAWS.

ORIGINAL SURVEYED TOWNSHIPS.

SEC. 1366. As soon as there are four, or more, electors in any original surveyed township of five or six miles square, or fractional township, wherein there is either the reserved section twenty-nine or sixteen, or where said sec tion sixteen has been disposed of by congress and any other section granted in lieu thereof, whether such other section be situate within or without said original township, and in all other fractional townships which by law are entitled to a section or a part of a section for school purposes, the said electors, or any of them, may apply to the county commissioners for the organization and incorporation of such original township or fractional township. [73 v. 186, § 1.]

SEC. 1367. On the application of any of said electors. and it being made to appear to the satisfaction of the county commissioners, that there are at least four electors in any such original township or fractional township, the commissioners shall order an election of three trustees and one treasurer therein, and give at least fifteen days' written notice of such election, by setting up in three of the most public places in the township such notices, designating the time and place of such election, and the place shall be as near the center of such township as practicable. [29 v. 490, § 2.]

[blocks in formation]

elections in.

SEC. 1368. Elections in such original surveyed town- Conduct of ships, shall be held at such times and conducted in such manner as the trustees of such townships may provide, the place of holding said elections to be as near the center of the township as can be, and at least fifteen days' notice of such election to be given by notices posted in five or more of the public places of the original surveyed township, and the trustees of such township shall be a body corporate, with power Powers of to contract and be contracted with, sue and be sued, and to take charge of such section or sections, or parts of section or sections, and to manage the same according to the best interests thereof. [97 v. 186.]

There is no provision of law for the payment of judges and clerks of elections in original surveyed townships, where such election is held under authority of this section, and other sections following, relating to elections in original townships. L. 11-29-05.

trustees.

Terms of

o..ce and subsequent election.

When county auditor may appoint trustees or treasurer.

SEC. 1369. The trustees and treasurer shall hold their offices for three years, and a like election shall be held every third year, of which the trustees shall give fifteen days' previous notice as aforesaid. If said trustees shall at any time fail to give said fifteen days' notice, then the county auditor shall appoint from among the electors of such township three trustees and one treasurer, who shall hold their offices for the same term and perform the same duties and have the same powers as if elected as aforesaid. [97 v. 186.]

SEC. 1371. When it comes to the knowledge of the county auditor that the electors of any such township have failed to apply to the commissioners as aforesaid, for one year after such application is authorized, or that in any such township the trustees and treasurer elected have failed to qualify or to perform the duties incumbent upon them, the auditor shall appoint from among the electors of such township three trustees and one treasurer, who shall hold their offices for the same term and perform the same duties, and When election have the same powers as if elected as aforesaid. And in case the term of office of such trustees and treasurer have expired, and no successors have been elected or appointed, as by this chapter provided, an election may be ordered, as provided in section thirteen hundred and sixty-seven. In case such application is made, the commissioners of the county in which said reserved section, or part thereof, is substituted, shall order an election, designating the time and place of holding the same. Said election shall be held at such times and conducted in such manner as said commissioners may provide. [97 v. 186.]

may be held to fill vacancy.

School lands may be sold.

Proceedings when vote has not been taken.

SEC. 1418. Section sixteen, and all lands in lieu thereof, granted for school purposes, may be sold, and such sales shall be according to the regulations hereinafter prescribed. [70 v. 195. § 133.]

SEC. 1419. In cases where there has been no vote taken for the sale of any such land, the trustees of any township to which such lands belong, shall, at least thirty days prior to the taking of such vote, cause not less than eight notices to be posted up in as many of the most public places of such township, notifying the voters resident therein to meet at some convenient place and time therein specified, and then and there cast their ballots for or against the sale of any such lands belonging to such township; and if such authorize sub- vote result in a refusal to sell such lands, the trustees may, in the same manner, authorize the taking of a subsequent vote as often as they deem proper; but no such subsequent vote shall be taken until one year has elapsed since the last preceding vote. [70 v. 195. § 134.]

Trustees may

sequent vote.

Trustees of township shall preside at meeting.

SEC. 1420. The trustees of the township shall preside at the taking of such ballots, and shall appoint two clerks, who shall keep two poll-books, containing the names of the

voters and the result of the ballot, which poll-books must be signed by the trustees and clerks; and in case such ballots result in favor of a sale, the trustees shall, within ten days after such election, deposit one of said poll-books with the auditor of the county within which said lands (or the greater portion thereof) are situated, with a copy of the notice given, and the affidavit of one or more of the trustees, stating the manner of giving such notices, and the time and place of putting up the same, which notices, affidavit, and poll-book shall be by said auditor copied into a book for that purpose to be provided, and when so recorded, such record shall be proof of the facts therein stated. [70 v. 195, § 135.]

CIVIL TOWNSHIPS.

Poll-book shall

be deposited

with auditor.

new township.

SEC. 1441. When a new township is set off, the county Election in commissioners shall forthwith give public notice by advertisement, in three public places in such township, at least ten days before the time, of the time and place of holding an election for township officers, and the electors of such township shall at such time and place assemble, and then and there elect township officers; and the officers so elected shall hold their offices until the next annual township election, and their successors are elected and qualified. [51 v. 489, § 4.1

SEC. 1442. Township offiers shall be chosen for a term of two years and justices of the peace for a term of four years, by the electors of each township, on the first Tuesday after the first Monday in November in the odd numbered years, and their terms of office shall commence on the first day of January next after their election. [98 O. L. 171.]

Township officers and juspeace; elecginning of

tices of the

tion and be

term.

ing elections

SEC. 1443. The trustees shall fix the place of holding Place of holdelections within their township, or of any election precinct thereof, and they may purchase or lease for this purpose a house and suitable grounds, or by permanent lease or otherwise, a site, and erect thereon a house; and upon a vote of a majority of the electors of the township or a precinct thereof voting at any general election in favor of a tax therefor, at Town hall. least thirty days' notice having been given by posting up such written notices in at least five of the most public places in such township or precinct that at such election a vote would be taken for or against a tax to purchase a site and build a town hall, the trustees may purchase a site and erect thereon a town hall for such township or precinct, the whole not to cost over two thousand dollars, and levy a tax on all the taxable property within such township or precinct to pay the same. [90 v. 257.]

An election will not be declared void because the notice required by statute was not given for the full length of time specified, when it appears that the great body of electors has actual notice of and participated in the election.

Harpster v. Brower, et al. 5. C. C. 395.

Shall preserve order at elections.

Notice of township election.

How notice served.

Notice of

tions.

SEC. 1444. The trustees at every election, or township meeting, have power to cause any disorderly person to be removed, and, if necessary, confined until the close of such election, or meeting; and every constable present shall obey their orders and directions, for the purpose of preserving order at such meeting. [51 v. 489, § 24.]

SEC. 1445. At least twenty days before the regular election for township officers, the trustees shall issue their warrant to a constable of the township, directing him to notify the electors of such township to assemble at the time and place appointed for the regular election, and such warrant shall enumerate the officers to be chosen at such election; and, on application of two or more freeholders of the township, for that purpose, the trustees shall insert in such warrant such other question, if any, as may be proposed to be submitted at such election. [98 O. L. 171.]

SEC. 1446. The constable who receives such warrant shall notify the electors of the township, by setting up copies of such warrant in at least three public places in such township, at least ten days before the meeting of the electors; but where the office of one or more of the trustees is vacant, the township clerk, together with the trustee or trustees in office, shall issue the warrant aforesaid. [51 v. 489, § 17.]

SEC. 1392. In all townships which have been divided, holding elec- the trustees shall give fifteen days' notice of the time and place of holding elections in the precincts of such townships, by posting up 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. [51 v. 497, S. & C. 1573-1

Election of township officers.

Laws governing judges and clerks.

Tie vote.

SEC. 1448. There shall be elected in each township one township clerk, three trustees, one township treasurer and such number of constables as may be directed by the trustees, and the judges and clerks in discharging their duties at such election shall be governed in all respects by the law regulating elections; and in case any two or more persons have the highest and an equal number of votes for any one of the township offices directed to be filled, the clerk of the township shall determine by lot which of the persons is duly elected. [98 O. L. 172.]

The election of a road supervisor is held under the provisions of this section, and not under the Australian Ballot Law, hence a judge of such election was not rendered ineligible to serve, because of the fact that he was a candidate for road supervisor. K. 4-8-97.

In a proceeding to contest the election of a township trustee held under the Australian Ballot Law, rejection and destruction of the ballots by the judges of election is not final or conclusive, but the contents of the ballots thus rejected and destroyed may be shown by paroie.

State ex rel. v. Conser, 5 C. C. (N. S.) 119.

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