precincts. SECTION 4842. Each township, exclusive of the terri- Township tory embraced within the limits of a municipal corporation, shall compose an election precinct, unless such township is divided according to law into precincts. (R. S. Sec. 2923.) precincts. SECTION 4843. Each municipal corporation, contain- Municipal ing fifty or more voters, shall compose an election precinct, unless such corporation is divided according to law into precincts. If a municipal corporation is situated in two or more townships or counties, the territory of such corporation situated in each township or county, together with such territory as may be attached thereto for voting purposes, shall constitute at least one election precinct, if there are fifty or more voters therein. Territory annexed to a village for school purposes may be included within a village precinct, if the deputy state supervisors are of the opinion it is practicable and most convenient to the voters. Each ward of a city shall compose one election precinct, unless it is divided according to law into precincts. (R. S. Sec. 2923, 2966-15.) SECTION 4844. Elections shall be held for each town- Where elections for precincts ship precinct at such place within the township as the trus- held. tees thereof shall determine to be most convenient of access for the voters of the precinct. Elections shall be held for each municipal or ward precinct at such place as the council of the corporation shall designate. In registration cities, the deputy state supervisors shall designate the places of holding elections in each precinct. (R. S. Sec. 2923.) four hundred votes or more SECTION 4845. When four hundred votes or more have Precincts with been cast at the last preceding November election in a municipality where registration is not required or in any ward may be divided. or precinct thereof, and when such number of votes have been cast at such election in a township or precinct thereof, such municipality, township, ward or precinct may, or when (49) When township precinct with less number of votes may be divided. Precincts may be re-arranged or combined. Exceptions. Hearing in case of division or change of precincts. State or national home a separate a majority of the voters petition therefor shall, be divided by the deputy state supervisors, as hereinafter provided, into two or more election precincts, so as to limit the number of voters in each ward or precinct to two hundred, as nearly as may be practicable. (R. S. Sec. 2966-15.) SECTION 4846. A township wherein less than four hundred votes were cast at the last preceding November election may be divided into two election precincts, as hereinafter provided, if a majority of the voters therein petition therefor and the deputy state supervisors are of the opinion that such division is necessary. (R. S. Sec. 2966-15.) SECTION 4847. From time to time any or all of such precincts may be re-arranged, subdivided or combined as often as may be deemed necessary or the convenience of electors and the prompt and correct conduct of elections may require. (R. S. Sec. 2966-15.) SECTION 4848. No precinct so created shall contain less than one hundred and fifty voters, except a township precinct may contain seventy-five voters, and a municipality, or the part thereof in each township, containing fifty or more voters shall compose at least one voting precinct, as hereinbefore provided. (R. S. Sec. 2966-15.) SECTION 4849. At least thirty days previous to any election, the deputy state supervisors shall give ten days' notice by publication in two papers of opposite politics published in the county that the question whether the township, ward, or precinct shall be divided, changed or combined will be considered on a day named in the notice. On such day or some subsequent day to which the matter may be adjourned, the question of dividing, changing or combining such precinct shall be heard. If there are no remonstrances against such division, change or combination, the deputy state supervisor shall declare in favor thereof and designate the precincts so established. If twelve electors of such precinct remonstrate against such division, change or combination, the matter shall be heard and determined, and such order made for or against such division, change or combination, as is deemed proper. (R. S. Sec. 2966-15.) SECTION 4849-1. That in any township or townships election precinct. Wherein is located, or may hereafter be located, a state or a national home for disabled volunteer soldiers, the lands owned and used for said institution shall be and constitute a separate election precinct. (106 v. 450.) Subdividing precincts. SECTION 4849-2. The deputy state supervisors or the and rearranging deputy state supervisors and inspectors of elections, as the case may be, of the county wherein said institution is, or may be, located, may subdivide said precinct, or re-arrange or combine the sub-division of said precinct, as often as may be deemed necessary for the convenience of electors and the prompt and correct conduct of elections may require, in the manner provided by law for other township precincts. The provisions of section 5175-26, of the General Code, as amended April 16, 1913 (O. L. 104), insofar as they relate Hauling inmates to polls not corrupt practice. to the hauling of persons to the polls, sha'l not apply to inmates of soldiers' homes. (106 v. 450.) holding elections SECTION 4849-3. The said deputy state supervisors or Fixing places for supervisors and inspectors, as the case may be, shall fix the and furnishing places of holding all elections in said pre nets, provided equipment. that the polling places shall be located outside the grounds of said institution, and within one hundred feet thereof; shall appoint judges and clerks of election, provide and preserve suitable Looths, ballot boxes, and equipment in the manner they are authorized to do in registration cities; and do and perform the duties required by law of township trustees insofar as the holding of elections in said precincts is concerned. (106 v. 450.) shall be paid. SECTION 4859-4. The expenses of all elections held in How expenses said precincts, including election officers, booths, ballotboxes, equipment and supplies, shall be paid by the county commissioners, as other county election expenses are paid; and said expenses shall not be a charge upon the township as provided in sections 4991 and 5053 of the General Code. SECTION 4849-5. Except as herein provided the elec- Laws governtions in said precincts shall be governed by the same laws as relate to elections in townships. (106 v. 450.) SECTION 4850. Nothing in the preceding sections shall affect the powers or duties of boards of deputy state supervisors in reference to the division of election precincts within registration cities. The division of any election precinct into two or more subdivisions, as hereinbefore provided, shall not require the election of an assessor in each such subdivision, but in all such election precinct subdivisions. there shall be elected one assessor for each original precinct unless such supervisors at the time of the division shall order that an assessor be elected in each precinct. (R. S. Sec. 2966-15.) SECTION 4851. In cities in which registration is required by law, when five hundred votes or more have been cast at the last preceding election in any ward or in any precinct in any ward, such ward or election precinct shall e divided by the board of deputy state supervisors of the County into two or more election precincts so as to limit the number of votes in each ward or precinct to two hundred fifty as nearly as may be practicable. From time to time thereafter, such board shall re-arrange, subdivide or combine precincts as often as it may deem such action necessary to secure the convenience of electors and the prompt and correct conduct of elections. But no precinct so created shall contain less than two hundred voters. (R. S. Sec. 2926.) ing elections. What preceding affect. section shall not Precincts in registration cities. SECTION 4852. The deputy state supervisors of each Ballot boxes and county shall cause to be provided at the expense of the custody thereof. county a ballot box for each election precinct therein, and cause it to be deposited with the proper township or village clerk or city auditor. Each 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 Appointment of judges and judge. as elections are held therein. After such election, such ballot box shall be forthwith returned to him by the judges of election for safekeeping. In registration cities, the care of the ballot boxes to be used at any election shall devolve upon the board of deputy state supervisors. (R. S. Sec. 2928.) PRECINCT OFFICERS. SECTION 4853. At least ten days before any general Clerks; presiding election, the deputy state supervisors of each county shall appoint for each precinct in which the voters are not registered four judges and two clerks of elections, residents of the precinct, who shall constitute the election officers of such precinct. The deputy state supervisors shall designate one judge in each precinct to act as presiding judge. who shall be selected from the dominant party in the precinet, as determined by the next preceding November election. (97 v. 222 § 6.) NOTE: "DOMINANT PARTY"-DEFINED. HON. CARMI A. THOMPSON, Secretary of State, Columbus, Ohio. DEAR SIR-I beg to acknowledge receipt of your letter of September 16th, in which you request my opinion upon a question presented by Mr. Harry M. Loth, member of the board of state supervisors of elections for Auglaize county. Mr. Loth's question is as follows: "What is the meaning of the phrase 'dominant party,' as employed in section 2966-6, Revised Statutes, in describing the qualifications of the presiding judge in each precinct, and how is such definition to be applied in making appointments for the election in November, 1909, the last general election having been a presidential one?" Section 2966-6, Revised Statutes, is section 6 of the supervisory election law $o-called, 97 0. L. 218. The pertinent provision thereof is as follows: "The deputy supervisors shall designate one judge in each precinct who shall be selected from the dominant party in such precinct, as determined by the next preceding November election, to act as presiding judge." This section is in pari materia with section 2966-3, being section 3 of the same act, which provides for the appointment of the deputy state supervisors of elections. Among other provisions therein are the following: "One member (of the board of deputy state supervisors of elections) so appointed * shall be from the political party which cast the highest number of votes at the last preceding November election for governor or secretary of state * "Appointments shall be made from two political parties which cast the highest and next highest number of votes at the last preceding November election for governor or secretary of state." The phrase "dominant party" being nowhere specifically defined, it is my opinion that it should be construed in the light of the clauses last above quoted, and that in ascertaining such "dominant party" in a given precinct for the election in November, 1909, the deputy state supervisors should be guided by the vote cast for governor in 1908. That cast for secretary of state may be disregarded, as the law was evidently framed to fit conditions as they were when there were annual elections for state officers, and the candidates for governor and secretary of state appeared alternately at the head of each ticket. Yours very truly, U. G. DENMAN. That part of section 2966-6 Revised Statutes, above referred to was enacted into section 4853 of the General Code, and that part of section 2966-3 of the same act was enacted into section 4804 of the General Code. Following the above opinion of U. G. Denman, Attorney General, the ruling of the State Supervisor of Elections is that in ascertaining the dominant party in a given precinct for the election in November, 1911, the deputy state supervisors should be guided by the vote cast for Governor in 1910. Judges and clerks of elections 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. A member of a board of deputy state supervisors is not eligible to serve as a judge or clerk of elections or registrars of a precinct within the jurisdiction of such board. There must be four judges and two clerks of elections in each township precinct, who must be divided numerically among the political parties, but if a sufficient number do not reside in the precinct they may be selected from other precincts. Atty. Gen. 10-20-1908. This section does not authorize the employment of more than two clerks of election in each voting booth. Atty. Gen. 10-25-1909. In the absence of statutory direction as to the manner of notice, the custom of mailing to each judge and clerk his certificate of appointment should govern. It is doubtful whether the deputy supervisors may incur unusual expense for this purpose. Atty. Gen. 1-21-1910. SECTION 4854. The terms of the judges and clerks shall terminate at the end of one year from the date of their appointment, at which time their successors shall be appointed to similar terms of office as herein provided. Not more than two judges and not more than one clerk shall belong to the same political party. If a judge or clerk in a precinct fails to appear on the morning of election, the electors present shall viva voce choose a suitable person, having the qualifications of an elector, to fill the vacancy, who shall be from the political party to which the absent judge or clerk belongs. (97 v. 222 § 6.) NOTE: The terms of judges and clerks cannot extend beyond, nor can such officers hold over beyond a year from their appointment. Terms of judges and clerks; vacancies. and clerks. SECTION 4855. The judges and clerks of election shall Oath of judges each take and subscribe to the following oath, which, upon request of the person appointed, shall be administered without compensation by a person authorized to administer oaths and which shall be filed with the clerk of the board of 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..... tion in and for precinct... .of the elec- ship, ... SECTION 4856. oaths to judges The judges and clerks of elections may what officers he sworn by the clerk of the board or a member thereof, and may administer the presiding judge may administer the oath to the other and clerks. election officers of his ward, township or precinct. (97 v. 222 § 6.) SECTION 4857. When new precincts have been created Appointments or vacancies exist, the deputy state supervisors, at least ten for unexpired terms. |