Secretary of state shall per- Board of deputy state supervisors and inspectors of elections. Appointment of deputy state supervisors and inspectors. Recommendation by party committee. SECTION 4787. By virtue of his office, the secretary of state shall be the state supervisor and inspector of elections, and the state supervisor of elections and, in addition to the duties now imposed upon him by law, he shall perform the duties of such offices as prescribed in this title. (97 v. 218 § 2.) NOTE: It is not the duty of the Secretary of State to render opinions as to every election complication that arises, but only to advise the deputy state supervisors as to the proper method of conducting elections after they have been called DEPUTY STATE SUPERVISORS AND INSPECTORS. SECTION 4788. In each county of the state which contains a city wherein annual general registration of the electors is required by law, or which contains two or more cities in which registration is required by law, there shall be a board of deputy state supervisors and inspectors of elections, consisting of four members who shall be qualified electors of the county. (102 v. 98.) NOTE: The Deputy State Supervisors of Elections are not officers within the legal definition of that term, and, though their jurisdiction may be coterminous with that of the county, they are not county officers, and, therefore, Sec. 2966-3 R. S. does not violate Sec. 1 of Art. 10 of the Constitution. State Ex rel. Vail v. Craig, 8 N. P. 148. As to powers of board of elections to employ legal counsel see State ex rel. v. Boyden, 10 0. C. D. 137. A court of equity will not enjoin a board of elections from proceeding in the exercise of its powers on the ground that such proceedings are irregular or illegal, where it does not appear that they will involve any expenditure of the public funds. Columbus v. City Board of Elections, 13 0. D. 452. The deputy state supervisors are not constituted a board, or corporate body by the statute, but each one acts simply as a deputy state supervisor, and in case of litigation the action should be against him in that capacity, and he may prosecute an error, even though the others refuse to join with him. Randall et al. v. State ex rel. Hunter et al., 64 0. S. 57. SECTION 4789. On or before the first day of May, biennially, the state supervisor and inspector of elections shall appoint for each such county two members of the board of deputy state supervisors and inspectors of elections, who shall each serve for a term of four years from such first day of May. One member so appointed shall be from the political party which cast the highest number of votes at the last preceding November election for governor, and the other member shall be appointed from the political party which cast the next highest number of votes for such officer at such election. (98 v. 288 § 3.) The provision that the appointment of deputy state supervisors and inspectors of elections shall be made on or before the first day of May is directory, and such appointment if made after such date would be valid. Atty. Gen. 4-221908. SECTION 4790. If the executive committees of the two political parties in the county, casting the highest and next highest number of votes in the state at the last preceding November election for state officers, recommend qualified persons to the state supervisor and inspector at least five days before the first day of May, the state super visor and inspector shall appoint the persons so recommended to the number to which such party is entitled. If no such recommendation is made, the state supervisor and inspector shall make the appointments as provided in this chapter. (98 v. 288 § 3.) NOTE: The state supervisor must regard all recommendations of county executive committees of political parties made five days before the first of May, and in case of recommendations by rival committees of the same party must submit the controversy to the state central committee of such party, which has ten days in which to decide. Atty. Gen. 4-22-1908. When a recommendation for the appointment of a qualified person as deputy state supervisor of elections, signed by the chairman, secretary and members of the county executive committee of a political party that at the present November election cast the highest number of votes for governor or secretary of state, is placed on file, with the state supervisor of elections, within the required time, it is his duty to appoint the person so recommended. Mandamus is the proper remedy to enforce the performance of that duty. SECTION 4791. All vacancies shall be filled and all appointments to new terms made from the political party to which the vacating or out-going member belonged, unless there is a third political party which cast a greater number of votes in this state at the next preceding November election for state officers than did the party to which the retiring members belonged, in which event the vacancy shall be filled from such third party. (98 v. 288 § 3.) Vacancies. to fill vacancy. SECTION 4792. If, within five days after a vacancy Recommendation occurs in the membership of a board of deputy state supervisors and inspectors, the executive committee of the party entitled to the appointment to fill such vacancy recommends a qualified person to the state supervisor and inspector, he shall appoint such person to fill such vacancy for the unexpired term. If no such recommendation is made, the state supervisor and inspector shall make the appointment as provided in this chapter. (98 v. 288 § 3.) committee de SECTION 4793. When recommendations are made to How rightful the state supervisor and inspector for appointment to new termined. terms or to fill vacancies in the office of deputy state supervisor and inspector by more than one committee, each claiming to be the rightful executive committee of a political party entitled to recommend qualified persons for appointment on such board, the state supervisor and inspector, before making any such appointment, shall notify the chairman of the state central committee of the political party entitled to such appointment and shall recognize that committee as the rightful executive committee which such state central committee shall certify to be the rightful committee of such party. If such committee fails to make such certification for ten days from the giving of such notice, the state supervisor and inspector shall determine which of such disputing bodies or committees is the rightful committee of such party, and shall make the appointment, as provided in this chapter. (98 v. 288 § 3.) Organization SECTION 4794. Biennially, within five days after such appointments are made, the deputy state supervisors and of board. inspectors shall meet and organize by selecting one of their number as chief deputy, who shall preside at all meetings, Selection of clerk and deputy clerk. Selection of chief deputy. Removal of clerk and deputy clerk. Vacancy in offices of chief how filled. and two resident electors of the county, other than members (98 SECTION 4795. The balloting for such officers shall commence at or before one o'clock, afternoon, of the day of the convening, and at least one ballot shall be taken every twenty minutes until such organization is effected, or five ballots have been cast, as hereinafter provided. The clerk shall first be selected by the votes of at least three members. If, after five ballots, no person shall be agreed upon as clerk, the names of all persons so voted for on the fifth ballot, together with the names of the deputies who nominated them, shall be certified to the state supervisor and inspector, who shall designate therefrom one of such persons to serve as clerk and another such person to serve as deputy clerk. The clerk and deputy clerk shall be of opposite political parties, and each such officer shall have been nominated by a deputy state supervisor and inspector of the political party to which he belongs. (98 v. 288 § 3.) SECTION 4796. After the selection of the clerk, the chief deputy shall be selected from the deputies of opposite politics to that of the clerk. If, upon the first ballot, no person shall be agreed upon as chief deputy, the deputy of opposite politics to the clerk and having the shortest term to serve shall be chief deputy and preside at all meetings. When such organization is perfected, the clerk shall forthwith report it to the state supervisor and inspector. (98 v. 288 § 3.) SECTION 4797. The clerk or deputy clerk may be removed by the state supervisor and inspector or by the deputy state supervisors and inspectors for any violation or neglect of duty or other good and sufficient cause. (98 v. 288 § 3.) SECTION 4798. Vacancies in the offices of chief deputy and clerk, deputy, clerk and deputy clerk shall be filled in the same manner as original selections are made and be persons belenging to the same political party as that to which the outgoing officer belonged. (98 v. 288 § 3.) Duties and compensation of deputy clerk. Investigation and prosecution of riolations of election laws. SECTION 4799. The deputy clerk of the board of deputy state supervisors and inspectors shall perform such 'duties and receive such compensation, not exceeding one hundred and fifty dollars, and in all counties having cities where registration is required, not exceeding two hundred dollars, each month, as shall be determined by the board. (107 O. L. 690.) SECTION 4800. The board of deputy state supervisors and inspectors shall investigate and prosecute all violations of the laws relating to the registration of electors, the right of suffrage, and the conduct of elections, and make report thereof to the state supervisor and inspector. When approved by the state supervisor and inspector and by a vote of a majority of its members, each such board may incur any expense necessary to the conduct of such investigations and prosecutions. (97 v. 233 § 8.) board. SECTION 4801. In addition to the powers and duties General powers conferred upon them by the preceding section, the state and duties of supervisor and inspector of elections shall have the rights, powers and duties conferred and imposed by law upon the state supervisor of elections, and boards of deputy state supervisors and inspectors of elections shall have all the rights, powers and duties conferred and imposed by law upon boards of deputy state supervisors of elections, as hereinafter provided. (98 v. 288 § 3.) The action of the board of deputy state supervisors and inspectors of elections in rejecting a nomination paper on the ground that it does not contain the names and addresses of persons to the number of five or less as a committee who might fill vacancies caused by death or withdrawal is final, and such action cannot be reviewed by mandamus: Board of Deputy State Supervisors v. State, ex rel., 16 0. C. C. (N. S.) 244; citing Chapman v. Miller, 52 O. S. 166; Randall v. State, ex rel., 64 0. S. 57; State, ex rel., v. Jones, 74 0. S. 418. How term "state supervisor" and strued. SECTION 4802. In this title and other laws relating to elections, unless otherwise expressly provided therein, the "clerk" conterm "state supervisor" shall apply to the state supervisor and inspector equally with the state supervisor, the term "deputy state supervisors" shall apply to deputy state supervisors and inspectors of elections equally with deputy state supervisors of elections, the term "board of deputy state supervisors of elections" shall apply to the board of deputy state supervisors and inspectors of elections equally with the board of deputy state supervisors of elections, and the term "clerk" shall apply to the clerk of the board of deputy state supervisors and inspectors of elections equally with the clerk of the board of deputy state supervisors of elections. (98 v. 288 § 3.) DEPUTY STATE SUPERVISORS. Board of deputy state super deputy state terms. SECTION 4803. Except in counties containing cities wherein annual general registration of electors is required visors. by law, or which contains two or more cities in which registration is required by law, there shall be a board of deputy state supervisors of elections for each county consisting of four members who shall be qualified electors. (102 v. 98.) SECTION 4804. On or before the first Monday in Appointment of August, 1913, the state supervisor of elections shall appoint supervisors; for each such county two members of the board of deputy state supervisors of elections, who shall each serve until the first day of May, 1916, and whose successors shall then be appointed and serve for a term of two years from and after such date. And on or before the first Monday in August, 1914, such state supervisor of elections shall appoint for each such county two members of the board of deputy state supervisors of elections who shall each serve. until the first day of May in the year 1917, and whose successors shall then be appointed and serve for a term of two years from and after such date. One member so appointed Recommendation by party committee. Vacancies. Recommendations to fl vacancy. How rightful executive committee determined. shall be from the political party which cast the highest number of votes at the last preceding November election for governor, and the other member shall be appointed from the political party which cast the next highest number of votes for such officer at such election. (103 v. 215.) SECTION 4805. For the terms fixed by the preceding section to begin on the first Monday in August, if the executive committee of the two political parties in the county casting the highest and next highest number of votes in the state at the last preceding November election for state officers recommend qualified persons to the state supervisor at least fifteen days before the first day of August, the state supervisor shall appoint the persons so recommended to the number to which each such party is entitled, and for the terms fixed by the preceding section to begin on the first day of May if the executive committee of the two political parties in the county casting the highest and next highest number of votes in the state at the last preceding November election for state officers recommend qualified persons to the state supervisor at least fifteen days before the first day of May, the state supervisor shall appoint the persons so recommended to the number to which each such party is entitled. (103 v. 215.) NOTE: When a recommendation for the appointment of a qualified person as deputy state supervisor of elections, signed by the chairman, secretary and members of the county executive committee of a political party that at the present November election cast the highest number of votes for governor or secretary of state, is placed on file, with the state supervisor of elections, within the required time, it is his duty to appoint the person so recommended. Mandamus is the proper remedy to enforce the performance of that duty. SECTION 4806. All vacancies shall be filled and all appointments to new terms shall be made from the political party to which the vacating or out-going member belongs, unless there is a third political party which, at the next preceding November election for state officers, cast a greater number of votes in the state than did the party to which the retiring member belonged, in which event the vacancy shall be filled from such third party. (98 v. 288 § 3.) SECTION 4807. If, within five days after such vacancy occurs in the membership of a board of deputy state supervisors, the executive committee of the party entitled to the appointment to fill such vacancy recommends a qualified person to the state supervisor, he shall appoint such person to fill such vacancy for the unexpired term. If no such recommendation is made, the state supervisor shall make the appointment as provided in this chapter. (98 v. 288 § 3.) SECTION 4808. When recommendations are made to the state supervisor for appointment to new terms or to fill vacancies in the office of deputy state supervisor by more than one committee, each claiming to be the rightful executive committee of a political party entitled to recommend qualified persons for appointment on such board, such state supervisor, before making any such appointment, shall |