been an actual resident in such ward for twenty days immediately preceding such election. electors. 3. The registrars shall receive affidavits of sick and Amdavits of sick disabled electors, as required in such preceding sections, and and disabled on such days and at their meeting on the evening preceding such election, which shall be held between the hours of five and seven o'clock afternoon, they shall also perform the same duties prescribed in such sections. 4. During the week previous to such election, the board of deputy state supervisors may issue orders for registration, which orders, if presented at the meeting for organization, held the evening before such election, shall be received by the registrars and be disposed of as required in such preceding sections. 5. Any additions or changes then entered by them in their registers shall also be made in the duplicate list of voters, which, after being carefully compared with the registers and with each other, shall be produced by them, together with the registers of such precincts at the opening of the polls on the day of election, and then used, applied and disposed of by the judges in all respects as directed in such preceding sections. Hours for reg istration by board. Additions and changes in register. board of judges. 6. At seven o'clock afternoon, preceding any such Organization of special election, the registrars for each precinct and the other two judges of election shall meet at the polling place therein appointed for such election, and then and there shall organize as a board of judges and perform the other duties prescribed in such preceding sections and in the manner therein directed. 7. The poll books required by such preceding sections to be delivered by the judges of election to the clerk of the court of common pleas shall be addressed and delivered by them to the auditor of such city. Poll books; and delivered. how addressed of canvassers. 8. The board of canvassers of elections in each such Duties of board city shall be composed of the board of deputy state supervisors and the city auditor of such city. Within four days after such special election, the "board of canvassers" shall meet at the office of the board of deputy state supervisors in such city at ten o'clock forenoon at the call of the chief deputy state supervisor and organize by electing a chairman and secretary. The returns received by the city auditor shall then be produced by him and opened and canvassed by the board of canvassers, as prescribed in such preceding sections, and by law. 9. If the board of deputy state supervisors is of the opinion that it is unnecessary to require the registrars of each precinct to attend in each precinct for the registration of voters for a special election, such board may make such other reasonable provisions for transfers and the registration of voters at such election as it deems proper. Board may make other reasonable regulations for registration. wards or precincts. 10. When a new ward has been created, or the boun- New or altered daries of any ward or the precincts thereof have been changed after the general registration & before any such special election following, the board of deputy state super Compensation visors shall appoint election officers, rearrange the voting precincts, provide for registration of electors not already registered, make new registers, certify the registration of registered electors whose voting precinct has been changed, and make all necessary arrangements and regulations for holding elections in such new or altered wards and precincts. The right of any registered elector to vote shall not be prejudiced by any error in making out the certified lists of registered voters. (R. S. Sec. 2926v.) NOTE-For a special election, such as a bond issue, an opportunity should be given all persons to register but it is not necessary to open all the booths or to call out all registration officers, and public notice should be given when everybody should be given an opportunity to register or transfer. The action of the board of elections as to the registration of voters in cities where the number and boundaries of the wards are changed under the new municipal code, is controlled by Sec. 2926-5, Rev. Stat., which provides that whenever any new ward has been created or the boundaries of any ward changed after the general registration and before the April election following, the board of elections shall provide for the registration of electors not already registered, make new registers, and certify the registration of electors whose voting precinct has been changed, and the board of elections of a city in such case must follow the course prescribed in said section, and is without authority to hold a general registration prior to the April election, and the expenditure of public funds for such a purpose is a misapplication of the funds of the corporation within the meaning of Sec. 1777 Revised Statutes, and will be enjoined. Columbus v. City Board of Elections, 13 0. D. 452. The Brannock Law is not rendered invalid by reason of the possibility that certain persons may be disfranchised at an election thereunder by reason of the construction which may be given to Sec. 2926v of the election law. Courts will presume that the true construction of the statute will be adopted and the elections so conducted as to give every elector an opportunity to register and vote. Jeffrey, Mayor, v. State Ex rel. Butler, 4 C. C. (N. S.) 494. An elector who registers prior to the November election in the precinct where he then resides is a registered elector in any new or altered precinct which the board of elections may establish, and within the boundaries of which his residence falls. Columbus v. City Board of Elections, 13 0. D. 452. Where a special election is held under the Brannock law within a registration city, only the registrars of the precincts within the local option district should attend for the special registration under this section. The board of deputy supervisors should make arrangements and give proper notice to the electors of other precincts so that the board may issue transfers to persons who have removed from precincts outside the resident district to precincts within the resident district. It is not necessary for the registrars to attend to all of the precincts of the city. Under paragraph 5 of this section, the board has authority, where the boundaries of any precinct have been changed after the general registration, to provide for the registration of electors not already registered and make new registers and certify the registration of registered electors whose voting precinct has been changed, and make all necessary arrangements and regulations for holding elections in such new or altered wards and precincts. Where a special election is held in a registration city, the registrations provided for in this section should be provided by the board of deputy state supervisors. Where a special election is held in a registration city for the purpose of submitting the question of the issue of bonds to a vote of the people, special registration must be conducted as provided in this section of the registration law, REGISTRATION EXPENSES. SECTION 4942. In addition to the compensation provided in section forty-eight hundred and twenty-two, each deputy state supervisor of elections in counties containing cities in which registration is required shall receive for his services the sum of five dollars for each election precinct in such city, and the clerk in such counties, in addition to his compensation so provided, shall receive for his services the sum of six dollars for each election precinct in such cities. The composation so allowed such officers during any year shall be determined by the number of precincts in such city at the, November election of the next preceding year. The compensation paid to each such deputy state supervisor under this section shall in no case be less than one hundred dollars each year and the compensation paid to the clerk under this section shall in no case be less than one hundred twenty-five dollars each year. The additional compensation provided by this section shall be paid monthly from the city treasury on warrants drawn by the city auditor upon vouchers signed by the chief deputy and clerk of the board. (R. S. Sec. 2926t.) SECTION 4943. In such counties containing registration cities, the whole amount of annual compensation paid to each deputy state supervisor and clerk under the preceding section and under section forty-eight hundred and twenty-two, shall not exceed in any year the following: In counties containing cities having a population of three hundred thousand or more, as ascertained in the manner hereinbefore provided, each deputy state supervisor, eighteen hundred dollars and the clerk twenty-five hundred dollars. In counties containing cities having a population of seventy-five thousand and less than three hundred thousand, each deputy state supervisor, fifteen hundred dollars and the clerk, two thousand dollars. In counties containing cities having a population of fifty thousand and less than seventy-five thousand, each deputy state supervisor, twelve hundred dollars and the clerk fifteen hundred dollars. In counties containing cities having a population of twenty-five thousand and less than fifty thousand, each deputy state supervisor, eleven hundred dollars, and the clerk fourteen hundred dollars. In all other counties containing such registration cities, each deputy state supervisor, three hundred dollars, and the clerk four hundred dollars. (107 O. L. 684.) Compensation of judges and istrars. clerks and reg SECTION 4944. The registrars of each election precinct in such cities shall be allowed and paid for their services as registrars four dollars per day and no more for not more than six days at any one election. In registration cities having a population of three hundred thousand or more by the last preceding federal census, the judges of election, including the registrars as judges and clerks of election, shall each be allowed and paid ten dollars for each general election and five dollars for each special election, at which they serve and no more, either from the city or county. In all other registration cities, the judges of election, including the registrars as judges and clerks of election, shall each be allowed and paid eight dollars for each general election and five dollars for each special election at which they serve and no more, either from the city or county. No registrar, judge or clerk shall be entitled to the compensation so fixed order of board. except upon the allowance and order of the board of deputy state supervisors made at a joint session, certifying that each has fully performed his duty according to law as such, and stating the number of days' service actually performed Payment upon Expenses other must be paid by county. by each. Such allowance and order shall be certified by the chief deputy and clerk of the board to the city or county auditor. (107 O. L. 690.) SECTION 4945. For November elections held in eventhan registration numbered years, the county in which such city is located shall pay the general expenses of such election other than the expenses of registration. Such allowance and order of the board for such expenses and compensation to such judges and clerks of elections shall be certified by the chief deputy and clerk to the auditor of such county, who shall issue his warrants upon the county treasury for the amounts so certified. (R. S. Sec. 2926t.) Registration epenses; how paid. Council of other cities and villages may provide for registration. SECTION 4946. The additional compensation of members of the board of deputy state supervisors and of its clerk in such city hereinbefore specified, the lawful compensation of all registrars of electors in such city, the necessary cost of the registers, books, blanks, forms, stationery and supplies provided by the board for the purposes herein authorized, including poll books for special elections, and the cost of the rent, furnishing and supplies for rooms hired by the board for its offices and as places for registration of electors and the holding of elections in such city shall be paid by such city from its general fund. Such expense shall be paid by the treasurer of such city upon vouchers of the board, certified by its chief deputy and clerk and the warrant of the city auditor. Each such voucher shall specify the actual services rendered, the items of supplies furnished and the price of rates charged in detail. (103 v. 545.) REGISTRATION UPON ACTION OF COUNCIL. SECTION 4947. The council of any city or village in which registration is not now required by law may provide for a general registration of electors in the several wards or precincts thereof in the manner and at all times and on the days provided by law for registration in cities which have quadrennial registration. When the council so provides, no person shall have acquired a legal residence in any ward or election precinct in such city or village for the purpose of voting therein at any general or special election, nor shall he be permitted to vote at any election therein unless he shall have caused himself to be registered as an elector in such ward or precinct in the manner and at the time required by law in cities which have quadrennial registration. (98 vs. 279 § 1.) NOTE: The compensation of judges and clerks in cities which have provided for registration is governed by section 4944, the latter not being made applicable to villages. Atty. Gen. 11-18-08. In cities having population in excess of 11,800, the council has no authority relating to registration. Atty. Gen. 8-4-09. Although a village possess an ordinance for registration, such registration can not be had for the first time until the presidential year. SECTION CHAPTER 6. PRIMARY ELECTIONS. 4950. 4951. 4952. 4952-1. 4953. 4954. 4955. SECTION 4963. 4964. and 4967. 4969. 4969-1. Provisions for nomination of candi- 4970. 4970-1. 4973. Time of holding primaries for state, district and county candidates; time of holding primaries for township and municipal candidates; nomination of U. S. senator. How primary for special election called. Powers and duties of boards of deputy state supervisors. Nomination for offices not heretofore Nomination of candidates where dis- 4975. 4976. Separate tickets. 4977. Election, how conducted. 4978. 4979. 980. 4981. 4982. 4983. 4984. 4984-1. SECTION 4948. Unless inconsistent with the context, How certain the words and phrases in this chapter shall be construed phrases conas follows: The word "primary", the primary election provided for in this chapter, to nominate candidates to be voted for at the ensuing election. The words "November election", the election held on the first Tuesday after the first Monday in November, in any year. The words "general election", the November election in the years when state and county officers are to be elected. The word "precinct", a district established by authority of law within which all qualified electors vote at one polling place. strued. |