Electors of president and vice president.

Sheriff shall

issue proclama

Mayor shall issue proclamation of election.

Election of members of the board of education.

Notice of school elections.

PROVISIONS APPLICABLE EACH YEAR.

Submission of question when special election not provided for.

Proclamation as to sale of liquors on election day.

ELECTIONS IN EVEN NUMBERED YEARS.

SECTION 4824. On the first Tuesday after the first Monday in November in the year 1912, and every four years thereafter, the qualified electors shall elect a number of electors of president and vice president of the United States equal to the number of senators and representatives this state may be entitled to in the congress of the United States. No senator or representative in congress or other person holding an office of trust or profit under the United States or any law thereof shall be eligible as elector of president or vice president. (R. S. Sec. 2968.)

SECTION 4825. At least fifteen days before the time tion of election. for holding the election provided for in the preceding section, the sheriff shall give public notice by proclamation through his county of the time and place of holding such election and the number of electors to be chosen. A copy of such proclamation shall be posted at each of the places where elections are appointed to be held and inserted in a newspaper published in the county. (R. S. Sec. 2967.)

Time of holding elections for

elective state and county offices.

Vote for judge void, when.

Sheriff shall issue proclama

SECTION 4826. All general elections for elective state. and county offices and for the office of judge of the court of appeals shall be held on the first Tuesday after the first Monday of November in the even numbered years. All votes for any judge for an elective office except a judicial office, under the authority of this state, given by the general assembly, or by the people, shall be void. (103 v. 23.)

SECTION 4827. At least fifteen days before the holdtion of election. ing of any such general election, the sheriff of each county shall give notice by proclamation throughout his county of the time and place of holding such election and the officers at that time to be chosen. One copy of the proclamation shall be posted at each place where elections are appointed

to be held, and such proclamation shall also be inserted in a newspaper published in the county. (R. S. Sec. 2977.)

NOTE:-The sheriff is not required to make proclamation of election for township and municipal officers. Atty. Gen. 9-25-1907.

Notice of the submission of any question to be voted upon should be embodied in the proclamation. See Sec. 4840 G. C.

Though the neglect of a Sheriff by proclamation, to give notice of an election may be competent evidence, in connection with other circumstances, to prove fraud, or conspiracy on the ground of which an election is contested, such neglect is not conclusive of the invalidity of an election.

State ex rel. Attorney General v. Taylor, 15 0. S. 137.

A proceeding in mandamus to compel the Sheriff to give notice and make proclamation to the qualified voters of a county to elect a judge of the court of common pleas therein is properly instituted upon the relation of an elector of such County.

State v. Brown, 38 0. S. 344.

As to the Sheriff's proclamation, see further Foster v. Scarff, 15 0. S. 532. The sheriff is not authorized to issue a proclamation for an election for the submission of a proposed law or constitutional amendment, to a vote of the electers of the state. The constitution and statutes provide that notice of such election shall be given by mailing or delivering a copy of the proposed law or amend ment to be submitted to each voter of the state: Atty. Gen. 1913, Vol. I, pag: 367.

SECTION 4828. Biennially, on the first Tuesday after the first Monday in November in the even-numbered years, the electors of each congressional district shall vote for a representative in the congress of the United States for the term commencing on the fourth day of March next thereafter. (R. S. Sec. 2979.)

NOTE: Section 4828-1 provides for the apportionment of congressional districts for Ohio under the thirteenth census of the United States (106 v. 474.)

SECTION 4828-2. On the first Tuesday after the first Monday in November, 1914, and every sixth year thereafter, and on the first Tuesday after the first Monday in November, 1916, and every sixth year thereafter, the elec

tors of the state shall vote for a member of the senate of the United States, each for the term commencing on the 4th day of March next succeeding his election. Notice of such elections shall be given by the proper sheriffs of the several counties of the state at the same time and in the same manner as is provided for in section 4827 for the election of state officers. (104 v. 8.)

SECTION 4828-3. When by death, resignation or otherwise, a vacancy occurs in the representation of this state in the senate of the United States, the same shall be filled forthwith by appointment by the governor who shall have power to appoint to fill such vacancy some suitable person having the necessary qualifications for senator, which appointee shall hold office until the fifteenth day of December next succeeding the next election of state officers which occurs more than one hundred and eighty days after such vacancy happens. At such next election of state officers a special election to fill such vacancy in the office of United States senator shall be held, which special election shall be governed in all respects by the laws of this state controlling regular elections for such office. Candidates to be voted for at such special election shall be nominated in the same manner as is provided for the nomination of candidates at

Writ issued by ing special elec

governor direct

tion to state supervisor of elections.

Copy to sheriffs.

Vacancy in office of congressman or member of general assembly.

Fees of sheriff.

Township officers and justices of the peace.

Notice of township election.

regular elections. At least one hundred and eighty days prior to the date of such election of state officers the governor shall issue a writ, directing that a special election be held to fill such vacancy as herein provided. Such writ shall be directed to the state supervisor of elections and a copy thereof sent by mail to the sheriff of each county in the state who shall give notice of the time and place of holding such special election in the same manner and at the same time provided in section 4827 for giving similar notice for regular elections. (104 v. 8.)

SECTION 4829. When a vacancy in the office of representative to congress or senator or representative to the general assembly occurs, the governor, upon satisfactory information thereof, shall issue a writ of election, directing that a special election be held to fill such vacancy in the territory entitled to fill it on a day specified in the writ. Such writ shall be directed to the sheriff or sheriffs, within such territory who shall give notice of the time and places of holding such election as in other cases. Such election shall be held and conducted and returns thereof made as in case of a regular election. (R. S. Sec. 2988.)

SECTION 4830. For services performed under this title the sheriff shall receive the following fees: From the county treasury to be credited to his fee fund: For advertising the election, twenty-five cents for each election precinct but not less than fifty cents for each township in the county. Mileage at the rate of eight cents a mile for the distance actually traveled. (102 v. 287.)

ELECTION IN ODD NUMBERED YEARS.

SECTION 4831. Township officers and justices of the peace shall be chosen by the electors of each township on the first Tuesday after the first Monday in November in the odd numbered years. (R. S. Sec. 1442.)

NOTE: The electors of an incorporated village located within a township, are entitled to participate in the election of township officers, and such officers may or may not be residents of the municipality. Atty. Gen. 12-30, 1909. See also Halsey et al. v. Ward, 17 O. S. 543.

SECTION 4832. At least twenty day before the regular election for township officers, the township trustees shall issue their warrant to a constable of the township, directing him to notify the electors of the township to assemble at the time and place appointed for the regular election. The warrant shall enumerate the officers to be chosen at the election. On application of two or more freeholders of the township for that purpose, the trustees shall insert in the warrant such other question, if any, as may be proposed to be submitted at such election. (R. S. Sec. 1445.)

NOTE: An election will not be declared vold 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 had actual notice of and participated in the election. Пarpster v. Brower, et al., 5 C. C. 395.

See Sec. 4840 G. C.

SECTION 4833. The constable who receives such warrant shall notify the electors of the township by posting copies of the warrant in at least three public places in the township at least ten days before the meeting of the electors. If the office of one or more of the trustees is vacant, the township clerk, together with the trustee or trustees in office, shall issue such warrant. (R. S. Sec. 1446.)

SECTION 4834. In townships which have been divided, the trustees shall give fifteen days notice of the time and place of holding elections in the precincts of such townships by posting 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. (R. S. Sec. 1392.) SECTION 4835. The judges of the superior court of Cincinnati shall be elected by the electors of the city of Cincinnati on the first Tuesday after the first Monday of November of each odd-numbered year preceding that in which the term of any such judge expires. (R. S. Sec. 483.)

municipal

SECTION 4836. All elective municipal officers and Election of judges and clerks of police courts and assessors in munici- officers. palities shall be chosen on the first Tuesday after the first Monday in November in the odd-numbered years. (98 v. 172 § 222.)

tion of election.

SECTION 4837. Previous to any election for municipal Mayor shall officers, the mayor shall issue a proclamation to the electors Issue proclamaof the corporation or of the respective wards or districts thereof, as the case may require, setting forth the time and places of election and the officers to be chosen, and cause such proclamation to be published in a newspaper printed in the corporation at least ten days previous to the election. If no such newspaper is published in the corporation, such notice may be given by posters. (R. S. Sec. 1726.)

NOTE:-See Sec. 4840 G. C.

Election of board of edu

members of the

cation.

elections.

SECTION 4838. All elections for members of boards of education shall be held on the first Tuesday after the first Monday in November in the odd-numbered years. (37 v. 40 § 2.) SECTION 4839. The clerk of each board of education Notice of school shall publish a notice of all school elections in a newspaper of general circulation in the district or post written or printed notices thereof in five public places in the district at least ten days before the holding of such election. Such notices shall specify the time and place of the election, the number of members of the board of education to be elected, and the term for which they are to be elected, or the nature of the question to be voted upon. (97 v. 354 $ 2.)

PROVISIONS APPLICABLE EACH YEAR.

SECTION 4840. Unless a statute providing for the submission of a question to the voters of a county, township, city or village provides for the calling of a special election

Submission of special election not provided for.

question when

Proclamation

as to sale of

tion day.

for that purpose, no special election shall be so called. The question so to be voted upon shall be submitted at a regular election in such county, township, city or village, and notice that such question is to be voted upon shall be embodied in the proclamation for such election. (90 v. 130 § 2.)

The sheriff is not authorized to issue a proclamation for an election for the submission of a proposed law or constitutional amendment, to a vote of the electors of the state. The constitution and statutes provide that notice of such election shall be given by mailing or delivering a copy of the proposed law or amendment to be submitted to each voter of the state: Atty. Gen. 1913, Vol. I, page 367.

NOTE: Where a question is submitted to the voters of a township or other subdivision, such as the question of the issue of a tax levy, such question should be printed upon a separate ballot and deposited in a separate ballot box presided over by the regular judges and clerks of election. See Sec. 5020 G. C.

Where an act providing for the submission of the question of issuing bonds for a county soldiers' and sailors' memorial to a vote of the electors of the county, makes no provision for a special election and no provision as to the manner of submitting such question, but merely directs that it be submitted to the "popular vote at the next regular county election," the submission of such question at the next general state and county election is not a separate election, but is the submission of a question at the general election as provided by Secs. 2996-2 and 2966-32 Rev. Stat., and the deputy state supervisors of elections are not entitled to any additional compensation for so submitting such question. State ex rel. v. Jones, 14 0. D. 109.

A special election may be held upon the date of a primary election and by the same judges and clerks. Atty. Gen. 4-25-10.

SECTION 4841. Three days previous to and on the liquors on elec- day of any election, the mayor shall issue a proclamation to the public setting forth therein the substance of the enactment to prohibit the sale of intoxicating liquors upon that day, and he shall take proper measures for the enforcement of such enactments. (R. S. Sec. 1838.)

NOTE: On any day on which an election is held under the general election laws saloons must be closed within the district or political divisions for which such election is held. Atty. Gen. 12-7-1908.

The mayor should publish his proclamation respecting the closing of saloons on the day of holding the primary election. Atty. Gen. 8-31-1909.