SECTION 5044. The board of deputy state supervisors Voting shelf. shall provide a sufficient number of voting shelves for each polling place at which electors may conveniently mark their ballots, so that in the marking thereof they shall be protected from the observation of others by cloth screens, or other device, extending from the top of the booth to a level with or below the voting shelf. The number of such voting shelves shall not be less than one for every seventy-five electors qualified to vote at such polling place. Each voting shelf shall be provided with proper supplies and conveniences for marking the ballot. (97 v. 234 § 19.)

within guard

SECTION 5045. A guard rail shall be so constructed who permitted and placed that only such persons as are inside such rail can rail. approach within six feet of the ballot box or of the voting shelf. The arrangement shall be such that neither the ballot boxes nor the voting booths shall be hidden from view of those outside the guard rails. No person other than the judges of elections and such officers as are provided for by law, and electors admitted as hereinafter provided, shall be permitted within the guard rail, except by authority of the election officers for the purpose of keeping order and enforcing the law. (97 v. 234 § 19.)

ment for elec

tion.

SECTION 5046. After each election, the judges of elec- Placing equiptions of each precinct shall see that the booths, guard rails and other equipment are returned to the clerk of the township, or clerk or auditor of the corporation, in which the precinct is situated, for safekeeping. Such clerk or auditor shall have booths and equipments on hand and in place at the polling place in each precinct, before the time for opening the polls on election day, and for this service the board of deputy state supervisors may allow the necessary expenses incurred. In registration cities, this duty shall devolve on the board of deputy state supervisors. (97 v. 234 § 19.)

SECTION 5047. The secretary of state shall prepare and furnish boards of deputy state supervisors of the several counties, for their guidance, forms of all the blanks, cards of instruction, poll books and tally sheets, certificates of nomination and designs, required herein for the conduct of elections. (90 v. 268 § 2.)

Secretary of

state shall furnish forms for

guidance of

boards.

SECTION 5048. The board of deputy state supervisors Poll books and of each county shall furnish at the expense of the county tally sheets. and at least five days before the day of election, the necessary poll books and tally sheets required in each voting precinct in the county for presidential, congressional, state, county, township, municipal or other elections. (R. S. Sec. 1252.)

SECTION 5049. There shall be separate poll books and tally sheets for all elections for school purposes and the ballots of the electors at such election shall be deposited in a separate ballot box. (97 v. 354 § 1.)

Poll books and school elections.

tally sheets for

Contract for

printed ballots and other supplies.

Bond of bidder for printing.

Election expenses, how pald.

Apportionment of expenses.

Tax levy.

SECTION 5050. The printing provided for in this chapter, except poll books and tally sheets, shall be let by the board of deputy state supervisors to the lowest responsible bidder in the county; upon ten days' notice published not more than three times in two leading newspapers of opposite politics published in such county. In case of special elections, the board may give notice by mail, addressed to all the printing offices within the county instead of publishing such notice. (98 v. 234 § 15.)

NOTE: It is not an abuse of discretion in the board of deputy state supervisors of elections to give the contract for the printing of the ballots to a higher bidder where there is danger that the lower bidder may by a strike of his employes be prevented from furnishing the ballots at the proper time, to be used at the election.

The presumption is that public officers-in this case the deputy state supervisors of elections have exercised a sound discretion, and the burden of proof is on plaintiff to show, with that clearness which is always necessary to move a court of equity to interfere, a state of facts which would constitute an abuse of discretion.

Pugh Printing Co. v. Deputy State Supervisors, 22 C. C. 584. "The Board of Elections cannot be interferred with in matters of detail pertaining to the printing of the official ballots.' State ex rel. v. Ehrman, 2 O. D. 398; also see 40 0. D. 505.

SECTION 5051. Each bid for such printing must be accompanied by a bond with at least two sureties, satisfactory to the board of deputy state supervisors, in a sum double the amount of the bid, conditioned for the faithful performance of the contract for such printing as may be awarded him, and for the payment as liquidated damages by such bidder to such board of any excess of cost over the bid or bids which the board may be obliged to pay for such work by reason of the failure of the bidder to complete his contract. No bid unaccompanied by such bond shall be entertained by the board. (97 v. 116 § 15a.) SECTION 5052. All expenses of printing and distributing ballots, cards of explanation to officers of the election and voters, blanks, and other proper and necessary expenses of any general or special election, including compensation of precinct election officers, shall be paid from the county treasury, as other county expenses. (99 v. 84 § 14.)

SECTION 5053. In November elections held in odd numbered years, such compensation and expenses shall be a charge against the township, city, village or political division in which such election was held, and the amount so paid by the county shall be retained by the county auditor from funds due such township, city, village or political division, at the time of making the semi-annual distribution of taxes. The amount of such expenses shall be ascertained and apportioned by the deputy state supervisors to the several political divisions and certified to the county auditor. In municipalities situated in two or more counties, the proportion of expenses charged to each of such counties shall be ascertained and apportioned by the clerk or auditor of the municipality and certified by him to the several county auditors. (99 v. 84 § 14.)

SECTION 5054. County commissioners, township trustees, councils, boards of education or other authorities,

authorized to levy taxes, shall make the necessary levy to meet such expenses, which levy may be in addition to all other levies authorized or required by law. (99 v. 84 § 14.)

ELECTION OF JUDGES.

SECTION 1467. A chief justice shall be elected every six years, beginning in 1914, to hold his office for a term of six years commencing on the first day of January next after his election. Until a chief justice is so elected and qualified, the governor shall appoint a chief justice. Vacancies occuring in the office of chief justice of the supreme court, shall be filled in the manner prescribed for the filling of vacancies in the office of judge of the supreme court. (103 v. 408.)

Judges.

SECTION 1468. Two judges shall be chosen in each Election of even numbered year. Each judge shall hold his office for a term of six years, commencing on the first day of January next after his election. (103 v. 408.)

SECTION 1514. The court of appeals shall consist of three judges in each district, one of whom shall be chosen every two years, and shall hold his office for six years, beginning on the ninth day of February next after his election. In addition to the original jurisdiction conferred upon it by section six of article four of the constitution, the court on good cause shown, may issue writs of supersedeas in any case, and all other writs not specially provided for, nor prohibited by statute, which may be necessary to enforce the due administration of justice. (103 v. 411.)

The court of

appeals; term

of judges;

jurisdiction.

judges,

SECTION 5054-1. The election of a chief justice of Election of the supreme court, judges of the supreme court, judges of the court of appeals, judges of the courts of common pleas, judges of the probate courts, justices of the peace, and judges of all other courts which are or may be established by law, shall be governed and controlled by the general election laws of this state except as is otherwise provided by this act. (103 v. 421.)

SECTION 5054-2. The names of all candidates for Judicial ticket. election to any of the judicial offices specified in Section 1 of this act, whose nominations have been duly made, and not withdrawn, shall be placed upon a separate and independent ballot, entitled, "Judicial Ticket," without any designation whatever, except the office or offices to which said candidates are to be elected, and the number of candidates required to be elected to each such office, and such directions as will aid the elector as "vote for one," "vote for two," and the like and such certification of the election officers upon the back of the ballot as is prescribed by law. There shall be separate poll books and tally sheets used for the election of all such judicial officers, and the ballots of the electors shall be deposited in a separate ballot box. (102 v. 6.)

Form of official ballot certified to deputy state supervisors and inspectors.

Number of bal

lots, how divided.

Arrangement

of candidates.

Blank space.

Marking.

SECTION 5054-3. The secretary of state, at the time he certifies to the boards of deputy state supervisors and inspectors of elections a form of official ballots for the general election, shall also certify to the several deputy state supervisors and inspectors of elections a form of official ballot for such judicial ticket, and it shall then be the duty of the several deputy state supervisors and inspectors of elections to proceed with the printing of the poll books, tally sheets, and ballots for such judicial election, and to perform all and singular the duties prescribed by law for the conduct of the general elections, in so far as the same are applicable. (102 v. 6.)

SECTION 5054-4. The ballots shall be printed and prepared as follows: The whole number of ballots to be printed for the election of persons to fill each of said offices respectively shall be divided by the number of candidates for each of said offices respectively, and the quotient so obtained shall be the number of ballots in each series of ballots to be printed as follows: The names of candidates shall be arranged in alphabetical order and the first series of ballots printed; then the first name shall be placed last and the next series printed, and so shall the process be repeated until each name shall have been first. These ballots shall then be combined in tablets with no two of the same order of names together, except when there is but one candidate for any of said offices. The names of candidates for the same office but for different terms of service therein, shall be arranged in groups according to the length of their respective terms. Blank spaces shall be left at the end of the list of candidates for each office equal to the number to be elected thereto, in which the voter may insert the name of any person not printed on the ballot for whom he desires to vote for such office. The ballots shall be so printed as to give each elector a clear opportunity to designate by a cross mark in a blank enclosed space on the left and before the name of each candidate his choice of particular candidate. (102 v. 6.)

SECTION 5054-5. A cross shall be placed at the left of the name of each candidate for whom the elector desires to vote. The person having the largest number of votes for each office voted upon shall be decided elected to such office, and the next highest, and so on, until the number of candidates required to be elected shall have been selected from the number having the highest, number of votes. (102 v. 7.)

Act to provide for the election of judicial officers by separate ballot is a valid exercise of legislative power and not repugnant to the constitution State ex rel. Weinberger v. Miller, 87 0. S. 12.

shall vote.

SECTION 5055. Each qualified elector shall vote at the Where elector polls of the precinct in which he has a legal residence, unless otherwise directed by special provision of law. (R. S. Sec. 2927.)

SECTION 5056. The polls shall be open at five thirty o'clock forenoon and kept open up to, and closed at five thirty o'clock, central standard time, in the afternoon of the same day. (103 v. 21.)

NOTE: See also, Section 4925, General Code.

The legislature no doubt intended that, when the polls are opened, in accordance with the provisions of section 5 of the act of May 3, 1852, "to regulate the election of state and county officers," they should be kept open until the hour prescribed for finally closing the same; and good policy as well as the convenience of voters would seem to require that this legislative intent should be observed. But in this respect the statute is directory, and a departure from the strict observance of its provisions does not necessarily invalidate an election, where it appears that no fraud has been practiced and no substantial right violated.

Fry v. Booth, 19 0. S. 25.

Under the act of May 3, 1852, after the polls of an election have been once opened, they cannot be closed for any purpose until six o'clock in the afternoon (the time then fixed by law-Ed.) without rendering the election illegal and void. State ex rel. v. Ritt, 3 0. D. (Reprint) 475.

Polls open from 5:30 p. m.

5:30 a. m. to