Judges and clerks may be removed.

General duties of judges and clerks.

Compensation of judges and clerks.

days before any regular election, shall appoint judges and clerks of elections for such precinct, who shall serve for the unexpired terms. (97 v. 222 § 6.)

SECTION 4858. The judges and clerks of election appointed as provided in this chapter may be summarily removed from office at any time by the board of deputy state supervisors for neglect of duty, malfeasance or misconduct therein, and in all cases the last appointment to either of such offices for a precinct shall be recognized as valid. When any such officers have been removed and new appointments made, the board of deputy state supervisors shall immediately send notice thereof to the board of precinct officers. (97 v. 222 § 6.)

SECTION 4859. The judges and clerks of elections, provided for herein, shall serve as such in all elections held under the provisions of this title. They shall perform all the duties and be subject to all the penalties imposed by law upon judges and clerks of elections. (97 v. 223 § 8.)

SECTION 4860. Such judges and clerks shall each receive as compensation for their services the sum of five dollars, which services shall be the receiving, recording, canvassing and making returns of all the votes that may be delivered to them in the voting precinct in which they preside on each election day. In cities where registration is required, the compensation of judges and clerks shall be as otherwise provided by law. (107 O. L. 690.)

NOTE:-Compensation of judges and clerks of elections need not be allowed for by county commissioners. Atty. Gen. 8-19-1907.

of elector.

SECTION 4861. Every male citizen of the United States, Qualifications who is of the age of twenty-one years or over, and possesses the qualifications in regard to residence hereinafter provided, shall be entitled to vote at all elections. (Con. Art. V. § 1.)

women entitled

SECTION 4862. Every woman, born in the United offices for which States or who is the wife or daughter of a citizen of the to vote and be United States, who is over twenty-one years of age and voted for. possess the necessary qualifications in regard to residence hereinafter provided for men shall be entitled to vote and be voted for for member of the board of education and presidential elector and to vote and be voted for at any and all primaries or other elections provided for in sections 4953, 4954 and 4955 of the General Code and upon no other question.

state, county,

SECTION 4863. No person shall be permitted to vote at Residence in any election unless he shall have been a resident of the state township and for one year, resident of the county for thirty days, and, municipality. except as provided in the next section, resident of the township, village or ward of a city or village for twenty days next preceding the election at which he offers to vote. (R. S. Sec. 2945.)

The residence of a person is the place in which he has fixed his habitation without any present intention of removing therefrom, and to which whenever he is absent he has the intention of returning: State, ex rel., v. Hathaway, 22 0. C. C. (N. S.) 314.

SECTION 4864. A person who is the head of a family Exception as to and has resided in the state and in the county in which head of a family. such township, village or ward of a city or village is situated the length of time required by the preceding section, and who bona fide removes with his family from a ward to another ward in such city or village, or from a ward of such city or village to a township or village in the same county, or from a township or village to a ward of a city or village in the same county, or from one township to another in the same county, shall have the right to vote in such township, village or ward of a city or village without having resided therein the length of time so prescribed by such section. (R. S. Sec. 2945.)

NOTE: Where territory is transferred from one township to another by an aneonstitutional statute, electors, in such territory are not thereby made legal voters of the township to which it is sought to attach the territory. State, ex rel. Bambach v. Markley, 9 O. C. C. (N. S.) 562.

Residence re

quired to vote at municipal elections.

Rules to govern judges in determining residence.

SECTION 4865. Such voter so removing with his family from a township to a village or. ward of a city or village in the same county shall not have the right to vote at any municipal election held in such city or village, unless he shall have resided therein twenty days prior to such municipal election. (R. S. Sec. 2945.)

SECTION 4866. All judges of election, in determining the residence of a person offering to vote, shall be governed by the following rules, so far as they may be applicable:

1. That place shall be considered the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning.

2. A person shall not be considered to have lost his residence who leaves his home, and goes into another state, or county of this state, for temporary purposes merely, with the intention of returning.

3. A person shall not be considered to have gained a residence in any county of this state, into which he comes for temporary purposes merely, without the intention of making such county his home.

4. The place where the family of a married man resides shall be considered and held to be his place of residence, except where the husband and wife have separated and live apart, then the place where they resided at the time of the separation shall be considered and held to be his place of residence, unless he afterward, and during the time of such separation, remove from such place, in which case the county, township, city or village in which he resides the length of time required by the provisions of this chapter to entitle a person to vote, shall be considered and held to be his place of residence.

5. If a person remove to another state with an intention to make it his permanent residence, he shall be considered to have lost his residence in this state.

6. If a person remove to another state, with an intention of remaining there an indefinite time, and as a place of present residence, he shall be considered to have lost his residence in this state, notwithstanding he may entertain an intention to return at some future period.

7. If a person remove to the District of Columbia or other federal territory to engage in the government service, he shall not be considered to have lost his residence in any county during the period of such service, and the place where such person resided at the time of his removal shall be considered and held to be his place of residence.

8. The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention.

9. If a person go into another state, and while there exercise the right of a citizen by voting, he shall be considered to have lost his residence in this state.

10. All questions of the right to vote shall be heard and determined by the judges of election.

NOTE: The question of qualification of a voter must be decided by the

judges of election, at the time he presents himself to vote, and their decision must be governed by the instructions prepared and furnished by the Secretary of State under Sec. 5047.

A resident of the District of Columbia or other federal territory, while engaged in the government service, may elect a place of residence for voting purposes elsewhere. But he must have a clear intention of returning to such voting residence as soon as his temporary employment in the service of the government has ended.

NOTE: The vote of a man otherwise qualified, who is not a lunatic or idiot, but whose faculties are greatly enfeebled by age, ought not to be rejected. Sinks v. Reese, 19 O. S. 307.

SECTION 4867. Disabled soldiers who are inmates of a national asylum for disabled volunteer soldiers who are citizens of the United States and have resided in this state one year next preceding the election and are otherwise qualified as to age and residence within the county and township shall have their lawful residence in the county and township in which such asylum is located. (R. S. Sec. 2947.)

SECTION 4868. The legal residence of a qualified elector who may be an inmate of an infirmary owned or maintained by a city shall be the ward or precinct of such city where such inmate was so domiciled or resident at the time of his admission to such infirmary and shall so continue during the time he may be an inmate thereof. (87 v. 316 § 1.) SECTION 4869. A municipal lodging house shall not constitute the legal residence of any person so as to qualify him as an elector in such municipality. (100 v. 53 § 7 v.)

Where inmates home may vote.

of soldiers'

Residence of inmates of city

Infirmaries.

Municipal lodg

ing house not a

residence.

Registration in cities having a population of eleven thousand eight hundred

or more.

REGISTRATION EXPENSES.

Compensation of deputy state supervisors and clerks in cities.

Maximum compensation of deputy state supervisors and clerks.

Compensation of judges and clerks. Expenses other than registration must be paid by county.

4946. Registration expenses; how paid.

REGISTRATION UPON ACTION OF

COUNCIL.

Council of other cities and villages may provide for registration.

SECTION 4870. In cities which at the last preceding federal census had, or which at any subsequent federal census may have, a population of eleven thousand eight hundred or more, there shall be a general registration of electors in the several wards or precincts thereof in the manner, at the times and on the days hereinafter provided. No person shall have acquired a legal residence in a ward or election precinct in any such city for the purpose of voting therein at any general or special election, nor shall he

4942.

4943.

4944.

4945.

4947.