the electors of the state for their approval or rejection, the secretary of state shall submit to the electors of the state for their approval or rejection such law, section or item, in the manner herein provided, at the next succeeding regular or general election in any year occurring subsequent to sixty days after the filing of such petition, and no such law, section or item shall go into effect until and unless approved by a majority of those voting upon the same. If, however, a referendum petition is filed against any such section or item, the remainder of the law shall not thereby be prevented or delayed from going into effect. (Adopted Sept. 3, 1912.)

The term "legislature" in Art. I, Sec. 4, of the United States constitution, comprehends the entire legislative power of the state; and, as so used, includes not only the two branches of the general assembly, but the popular will as expressed in the referendum provided for in this section and in Art. II, Sec. 1: State, ex rel., v. Hildebrandt, 94 0. S.

The referendum constitutes a part of the state constitution and laws. Accordingly, under the federal statute (C. 5, 37 Stats. at Large, p. 13, Sec. 4 U. S. Compiled Stats. (1913), Sec. 18; Act of August 8, 1911), which provides that the redistricting shall be made by each state "in the manner provided by the laws thereof," a statutory provision such as G. C. Sec. 4828-1 (106 v. 474) may be defeated by a referendum election under the provisions of Art. II, Sec. 1, et seq., of the constitution of Ohio, as amended September 3, 1912; and in such case the prior statute which fixes the districts for the election of members of the house of representatives of the congress of the United States remains in action: State, ex rel., v. Hildebrandt, 241 U. S. 565.

Where evidence is offered tending to prove that many of the parts of a petition, altogether purporting to be verified by affidavit, were not in fact sworn to, as required by the constitution, the state supervisor of elections may reject any or all such parts, although there is a conflict of evidence upon that question, unless his decision in that behalf is so manifestly and palpably against the weight of the evidence as to show fraud, corruption or an abuse of discretion on his part: State, ex rel., v. Graves, 90 0. 8. 311.

ject to the

SEC. 1d. Laws providing for tax levies, appropria- Laws not subtions for the current expenses of the state government and referendum. state institutions, and emergency laws necessary for the immediate preservation of the public peace, health or safety, shall go into immediate effect. Such emergency laws upon a yea and nay vote must receive the vote of two-thirds of all the members elected to each branch of the general assembly, and the reasons for such necessity shall be set forth in one section of the law, which section shall be passed only upon a yea and nay vote, upon a separate roll call thereon. The laws mentioned in this section shall not be subject to the referendum. (Adopted Sept.

3, 1912.)

If two bills upon the same subject-matter are passed by the legislature at different times, and if the governor affixes his signature first to the bill which was passed last, and then to the bill which was passed first, it is said that the bill which was passed last and which was signed by the governor first is in force and repeals the bill which was passed first and was signed by the governor last. In any event, if the statute does not provide for a tax levy or an appropriation, and is not an emergency measure under the provisions of this section, as adopted September 3, 1912, it takes effect according to the terms of Art. II, Sec. ic, of the constitution of Ohio, as adopted September 3, 1912, ninety days after it has been filed with the secretary of state, without regard to the order in which the governor signed the two bills; and if the act which was approved first was filed with the secretary of state a day after the other act, the act which was filed last with the secretary of state supersedes the prior statute: State v. Lathrop, 93 0. S. 79.

SEC. 1e. The powers defined herein as the "initiative" and "referendum" shall not be used to pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites

I. and R. powers reserved to municipalities.

What petition or
part petitions
shall contain;
qualifications
of signer.

affidavit of

soliciter.

at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property. (Adopted Sept. 3, 1912.)

For a discussion of the scope and effect of the initiative and referendum provisions, see State, ex rel. v. Clendening, 93 0. S. 264 (cited and follows, State. ex rel. v. Rose, 93 0. S. 284).

Sec. 1f. The initiative and referendum powers are hereby reserved to the people of each municipality on all questions which such municipalities may now or hereafter be authorized by law to control by legislative action; such powers shall be exercised in the manner now or hereafter provided by law. (Adopted Sept. 3, 1912.)

The initiative and referendum powers which are reserved to the people of each municipality are the powers which are limited by Art. II, Sec. ld, of the constitution of Ohio, so as not to apply to emergency laws: Shryock v. Zanesville, 92 0. S. 875.

SEC. 1g. Any initiative, supplementary or referendum petition may be presented in separate parts but each part shall contain a full and correct copy of the title, and text of the law, section or item thereof sought to be referred, or the proposed law or proposed amendment to the constitution. Each signer of any initiative, supplementary or referendum petition must be an elector of the state and shall place on such petition after his name the date of signing and his place of residence. A signer residing outside of a municipality shall state the township and county Signing petition; in which he resides. A resident of a municipality shall state in addition to the name of such municipality, the street and number, if any, of his residence and the ward and precinct in which the same is located. The names of all signers to such petitions shall be written in ink, each signer for himself. To each part of such petition shall be attached the affidavit of the person soliciting the signatures to the same, which affidavit shall contain a statement of the number of the signers of such part of such petition and shall state that each of the signatures attached to such part was made in the presence of the affiant, that to the best of his knowledge and belief each signature on such part is the genuine signature of the person whose name it purports to be, that he believes the persons who have signed it to be electors, that they so signed said petition with knowledge of the contents thereof, that each signer signed the same on the date stated opposite his name; and no other affidavit thereto shall be required. The petition and sumed to be suf- signatures upon such petitions, so verified, shall be pre

Petition and

signatures pre

ficient unless otherwise

proved; additional signatures.

sumed to be in all respects sufficient, unless not later than forty days before the election, it shall be otherwise proved and in such event ten additional days shall be allowed for the filing of additional signatures to such petition. No law or amendment to the constitution submitted to the electors by initiative and supplementary petition and receiving an affirmative majority of the votes cast thereon, shall be held unconstitutional or void on account of the insufficiency of the petitions by which said submission of the same was

procured; nor shall the rejection of any law submitted by referendum petition be held invalid for such insufficiency. Upon all initiative, supplementary and referendum petitions provided for in any of the sections of this article, it shall be necessary to file from each of one-half of the counties of the state, petitions bearing the signatures of not less than one-half of the designated percentage of the electors of such county. A true copy of all laws or proposed laws or proposed amendments to the constitution, together with an argument or explanation, or both, for, and also an argument or explanation, or both, against the same, shall be prepared. The person or persons who prepare the argument or explanation, or both, against any law, section or item, submitted to the electors by referendum petition, may be named in such petition and the persons who prepare the argument or explanation, or both, for any proposed law or proposed amendment to the constitution may be named in the petition proposing the same. The person or persons who prepare the argument or explanation, or both, for the law, section or item, submitted to the electors by referendum petition, or against any proposed law submitted by supplementary petition, shall be named by the general assembly, if in session, and if not in session then by the governor. The secretary of state shall cause to be printed the law, or proposed law, or proposed amendment to the constitution, together with the arguments and explanations, not exceeding a total of three hundred words for each, and also the arguments and explanations, not exceeding a total of three hundred words against each, and shall mail, or otherwise distribute, a copy of such law, or proposed law, or proposed amendment to the constitution, together with such arguments and explanations for and against the same to each of the electors of the state, as far as may be reasonably possible. Unless otherwise provided by law, the secretary of state shall cause to be placed upon the ballots, the title of any such law, or proposed law, or proposed amendment to the constitution, to be submitted.

ballots.

which number of

He shall also cause the ballots so to be printed as to permit Preparation and an affirmative or negative vote upon each law, section of printing of law, or item in a law appropriating money, or proposed law or proposed amendment to the constitution. The style of all laws submitted by initiative and supplementary petition shall be: "Be it Enacted by the People of the State of Ohio," and of all constitutional amendments: "Be It Resolved by the People of the State of Ohio." The basis upon which the required number of petitioners in any case shall be determined shall be the total number of votes cast for the office of governor at the last preceding election therefor. The foregoing provisions of this section shall be self-executing, except as herein otherwise provided. Laws may be passed to facilitate their operation, but in no way limiting or restricting either such provision or the powers herein reserved. (Adopted Sept. 3, 1912.)

Basis upon petitioners

determined.

Vacancy in elective state office.

Vacancy in office of judge;

An affidavit intentionally and knowingly false attached to any part of a petition is not a compliance with the provisions of Art. II, Sec. 1g, of the consti. tution of the state, and the part of a petition to which such false affidavit is attached, must be rejected entirely, the same as a part to which no affidavit is attached, whether it contains genuine names or not, for the reason that it lacks the affidavit required by the constitution: State, ex rel., v. Graves, 90 O. S. 311.

Where evidence is offered tending to prove that many of the parts of a petition, altogether purporting to be verified by affidavit, were not in fact sworn to, as required by the constitution, the state supervisor of elections may reject any or all such parts, although there is a conflict of evidence upon that question, unless his decision in that behalf is so manifestly and palpably against the weight of the evidence as to show fraud, corruption or an abuse of discreion on his part: State, ex rel., v. Graves, 90 0. S. 311.

This section not only peremptorily commands the secretary of state to cause to be printed an argument and explanation, or both, against any proposed amendment to the constitution, and to mail, or otherwise distribute the same, together with a copy of such proposed amendment and argument and explanation, or both, for such amendment, to each of the electors of the state, as far as may be reasonably possible, but further expressly provides that this with other provisions found in this section of the constitution "shall be self-executing:" State, ex rel., v. Hildebrandt, 93 0. S. 1.

It is the official duty of the secretary of state to obey this section which peremptorily commands the secretary of state to cause to be printed an argument and explanation, or both, against any proposed amendment to the constitution and to mail, or otherwise distribute the same, together with a copy of such proposed amendment, to each of the electors of the state, as far as may be reasonably possible, and which further expressly provides that this with other provisions found in this section of the constitution "shall be self-executing," although neither the constitution nor the laws of the state specifically provide in detail, the manner and method of selecting the person or persons who shall prepare and file such argument and explanation: State, ex rel., v. Hildebrandt, 93 0. S. 1.

RELATING TO THE FILLING OF VACANCIES IN ELECTIVE STATE OFFICES
AND JUDGESHIPS.

VACANCIES.

SECTION 141. A vacancy occurring in an 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 is elected and qualified. Such vacancies shall be filled by election at the first general election for the office which is vacant, that occurs more than thirty days after the vacancy shall have occurred. The person elected shall fill the office for the unexpired term. (Cons. Art. XVII, Sec. 2; R. S. Sec. 81.)

SECTION 142. If the office of a judge becomes vacant failure to elect. by reason of the expiration of the term of the incumbent, and a failure to provide therefor at the preceding election, such vacancy shall be filled by appointment by the governor. The person so appointed shall hold the office until a successor is elected and qualified. Such successor shall be elected for the unexpired term at the first general election for the office which is vacant that occurs more than thirty days after such an appointment. (R. S. Sec. 82.)

A portion of election day a part holiday.

REGULAR ELECTION DAY A HALF HOLIDAY.

SEC. 5976. The first Tuesday after the first Monday in November of each year, between the hours of twelve o'clock noon, central standard time, and five thirty o'clock p. m. central standard time, shall be a legal part holiday. (103 v. 25.)

lic elections.

SECTION 4785. Except when otherwise provided by Conduct of publaw, all public elections in this state shall be conducted according to the provisions of this title. (R. S. Sec. 2922; 97 v. 225 § 1.)

SECTION 4786. There shall be a state supervisor and inspector of elections and a state supervisor of elections, with the powers and duties hereinafter prescribed for the conduct and supervision of the registration of electors and of elections in this state, except as otherwise provided by law. (97 v. 218 § 1.)

2-E. L.

Offices of state

supervisor and

state supervisor and inspector.