Proviso. Removals. return of all the votes that may be delivered to them in the voting precinct in which they preside on each election day; provided that in any county containing a city having a population of three hundred thousand or more, by the last preceding federal census, the compensation of judges and clerks of election for such services shall be five dollars; and in cities where registration is required, the compensation of judges and clerks of election shall be as otherwise provided in this act. The judges and clerks of election, appointed as provided in this section, may be summarily removed from office by the board of deputy state supervisors at any time for neglect of duty, malfeasance or misconduct therein, and in all cases the last appointment to either of such offices for any precinct shall be recognized 1 as valid. When any such officers have been removed and 1 new appointments made, it shall be the duty of the board 1 of deputy state supervisors to immediately send notice to Oath of elec- the board of precinct officers. The judges and clerks of election may be sworn by the clerk of the board or any member thereof, and the presiding judge may administer the oath to the other election officers of his ward, township or precinct. Provided, that when new precincts have been for unexpired created or vacancies exist, the deputy state supervisors shall at least ten days before any annual election appoint judges and clerks of election for such precincts, who shall serve for the unexpired term. [97 v. 222.] tion officers. Appointments term, . In determining which is the dominant party the board should take into consideration the result generally in the precinct at the last election, or in other words as to which party carried the precincts for the most of its candidates. K. 10-25-98. Judges and clerks of election 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. L. 10-14-01. A member of a board of deputy state supervisors is not eligible to serve as a judge or clerk of elections of a precinct within the jurisdiction of such board. L. 10-14-01. The board of deputy state supervisors have no authority to enter the precinct and superintend or interfere with the judges and clerks of election in the discharge of such duties, neither have they any authority or right to attend during the count of the votes in a precinct. L. 10-27-05. The state supervisor of elections has ro authority to appoint judges and clerks of election. This duty devolves upon the board of deputy state supervisors of the county. L. 11-3-05. "The dominant party" of a precinct is the controlling or prevailing party of such precinct. Whether a party is the dominant party at an election must be determined from the vote cast for the candidates of such party in such precinct. And the vote of such party cannot be determined by the vote of any one candidate of that party. L. 10-25-06. The "dominant party" of a precinct is the party which cast a majority of votes for the several candidates within the precinct for state, district and county officers. L. 10-26-06. The appointment of judges and clerks, is wholly within the discretion of the board of deputy supervisors, and their action is not reviewable by the State Supervisor. L. 11-1-06. See note to Sec. 2966-15, as to presiding judge where a precinct has been divided. (2966-7.) Sec. 7. Each deputy supervisor of elections shall, before entering upon his duties, appear before some person authorized to administer oaths, and take and subscribe to the following oath, which shall be filed with the clerk of the court of common pleas in the county where such deputy resides: I do solemnly swear (or affirm) that I will support the constitution of the United States and of the state of Ohio, and perform the duties of deputy state supervisor of elections to the best of my ability. Signed of Sworn to and subscribed before me this day [Title of officer.] Oath of supervisors. deputy, of deputy supervisors. The clerk of the deputy supervisors for each county Oath of clerk shall, befort entering upon his duties, take and subscribe the following oath, which shall be filed with the clerk of the court of common pleas of the county where he resides: State of Ohio, county, ss.: I do solemnly swear (or affirm) that I will support the constitution of the United States and of the state of Ohio, and discharge the duties of clerk of the deputy state supervisors for county to the best of my ability, and preserve and keep all records, documents and other property pertaining to the conduct of elections placed in my custody. Signed, of Sworn to and subscribed before me this in the year day [Title of officer.] The clerks and judges of election shall take and subscribe to the following oath, which, upon request of the person appointed, shall be administered without compensation by any person authorized to administer oaths, and which shall be filed with the clerk of the deputy state supervisors: 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 of the election in and for precinct township, county, at the next ensuing election, and I further solemnly swear that if, in the discharge of my official duties, I gain knowledge as to how any elector voted at said election, I will not disclose the Oath of clerks and judges. Duties of judges and clerks. Duties of state state super- Certificates or nominations and nomination papers. Investigation and prosecution of violation of election laws. General duties of deputy supervisors. (2966-8.) Sec. 8. The judges and clerks provided for herein shall serve as such in all elections held under the provisions of this act. They shall perform all the duties and be subject to all the penalties imposed upon judges and clerks of election by law. The state supervisor of eltctions, the deputy state supervisors, and the deputy state supervisors and inspectors of elections, as herein provided, shall perform all the duties imposed by law. The state supervisor of elections and the deputy state supervisors shall receive and file certificates of nominations and nomination papers, pass upon the validity thereof and certify the same agreeably to the provisions of iaw. It shall be the duty of the boards of deputy state supervisors and inspectors of elections to investigate and prosecute all violations of the laws relating to the registration of electors, the right of suffrage and the conduct of elections, and to report the same to the state supervisor and inspector of elections; and when approved by the state supervisor and inspector, and by a vote of a majority of all its members, each such board may incur any expense necessary to the conduct of such investigations and prosecutions. The deputy supervisors for each county shall advertise and let the printing of the ballots, cards of instruction and other required books and papers to be printed by the county; they shall receive the ballots from the printer and cause the same to be securely sealed up in their presence in packages, one for each precinct, containing the designated number of ballots for each precinct, and shall make the necessary indorsement thereon as provided in the ballot laws; they shall provide for the delivery of the ballots, poll-books and other required books and papers at the polling places in the several precincts; they shall cause the polling places to be suitably provided with booths, guard-rails, etc., as provided in the act of April 30, 1891, and acts amendatory and supplementary thereto; they shall provide for the care and custody of the same during the intervals between elections; they shall receive the returns of elections, canvass them, and make abstracts of the same, and transmit such abstracts to the proper officers at the times and in the manner provided in sections 2980, 2982, 2983, 2989 and 2994 of the Revised Statutes, to canvass the returns, make abstracts thereof, transmit the same and issue certificates to persons entitled to the same. In November elections for township or municipal officers, or boards of education, or the election of a justice of the peace, the judges and clerks of election in each precinct shall make and certify the returns to the clerk of the township or the clerk or auditor of the municipality in or for which the election is held, or the clerk of the board of education of the school district, instead of to the deputy state supervisors, and the said township clerk, or the clerk or auditor of the municipality, or clerk of the board of education, shall canvass the vote and declare the result in the manner, and as provided in sections 1453, 1729 and 3910 of the Revised Statutes, and in case of an election of a justice of the peace, shall certify the result to the board of deputy state supervisors; but in municipalities where the voters are registered the returns of the election of municipal officers or boards of education or justices of the peace shall be made to the board of deputy state supervisors, and canvassed by a board of canvassers, consisting of the board of deputy state supervisors and the city auditor. [97 v. 223.] In certifying the election of an officer the power of the deputy state supervisor of elections is limited to certifying that the successful candidate has been elected and they have no power to decide upon a disputed term of office. State Ex rel. Pardee v. Pattison, Governor et al. 73 The duties of the board of deputy supervisors of elections in making the abstracts of votes returned by the precinct officers are purely ministerial, and limited to compiling the votes shown by the tally sheets so returned to certifving and transmitting the abstract so made to the proper officers. The board is without authority to hear evidence to contradict or explain tally-sheets, or to in any manner determine any questions relative to disputed ballots or contested matters. K. 10-30-00. The board of deputy state supervisors are public officers, and, in a prosecution for violation of the election laws are not required to give security for costs. T. 11-27-94. The compensation allowed judges of election for carrying the returns to the board on election night should be paid out of the county fund. L. 11-16-05. The judge appointed to carry the returns of the election of township officers to the township clerk is entitled to compensation provided for in Sec. 2966-52. Such compensation is usually allowed by the county auditor out of the county funds, but by that officer charged back to the township. L. 11-20-05. Where an elector registers more than once, and evidence satisfactory to the board is had that it was done with fraudulent intent, it is their duty to prosecute. L. 11-1-06. See Section 2966-27 and cases there cited as to printing ballots. (2966-9.) Sec. 9. Any deputy state supervisor of elections or any clerk of the deputy supervisors for any county, upon whom a duty is imposed by law, who shall wilfully and negligently violate his said duty, or who shall wilfully neglect to perform such duty, or who shall wilfully perform it in such a way as to hinder the objects of the Investigation of irregularities or non'performance of duty by election offcer; report thereon. Prosecutions. Judges and clerks of election now in office; their successors. Compensation of state supervisor. Poll-books and tally-sheets. Ballot-box and custody of. law, or who shall wilfully disobey any provision of the law incumbent on him, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment in jail not more than one year, or both. [89 v. 460.] (2966-10.) Sec. ga. It shall be the duty of the county boards of deputy state supervisors to investigate all irregularities or non-performance of duty by any election officer that may be reported to them, or that comes to their knowledge, and report the facts to the state supervisor of elections and to the prosecuting attorney of the county; and the state supervisor of elections, or the deputy state supervisors of the county, shall have authority, and it is hereby made their duty, to order the prosecution of all offenses for violations of this act, or any of the laws of the state relating to the conduct of elections. [91 v. 121.] (2966-11.) Sec. 6. The judges and clerks of election now in office shall serve as such until the first day of October, 1894, when their terms of office shall cease and determine; after such date, and at least ten days prior to the November election, the deputy state supervisors shall appoint their successors for the terms and in the manner provided by law. [91 v. 122.] (2966-12.) Sec. I. Sec. 1. The state supervisor of elections shall receive, as compensation for his services in said capacity, an annual salary of one thousand dollars. [97 v. 224.] POLL-BOOKS AND TALLY-SHEETS. Sec. 1252. The deputy state supervisors shall furnish, at the expense of the county, and at least five days before the day of election, all the necessary poll-books and tallysheets required in each voting precinct in the county, for all presidential, congressional, state, county, municipal, township or other elections. * [90 v. 277.] BALLOT-BOXES. Sec. 2928. The deputy state supervisors shall cause to be provided, at the expense of the county, a ballot-box for each precinct therein which may be without the same, and cause it to be deposited with the proper township or village clerk or city auditor; and every 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, and after each election the same shall be forthwith returned to him by the judges of election for safe keeping; provided that in registration cities, the care of the ballot-boxes to be used at any election shall devolve upon such board. [97 v. 217.] The auditor of Hamilton County was not, authorized by law' to issue, on certificate of the sheriff of said county not approved |