to primary elections and to candidates for nomination at such primary elections, and a candidate for nomination at a primary election or a candidate for election at the general election or a special election, cannot legally act as clerk of the board of deputy state supervisors at such election. If a candidate so serves, his nomination at such primary election, or his election at any general or special election, whether nominated by petition or otherwise, would be illegal and void if such person was a clerk in the employ of the deputy state supervisors of elections while a candidate. Op. Atty. Gen. (1920), p. 571. Section. CHAPTER 10. RETURNS AND ABSTRACTS. 5093. Making and transmission of re turns. 5094. Opening returns; abstracts to be made. 5095. Making and transmission of ab stracts. 5096. Secretary of state shall canvass returns for presidential electors; certificate of election. 5097. Canvass of returns of abstract number two. 5098. When other returns may be used in canvass. 5099. When president of senate shall open abstract. 5100. Who shall canvass vote if general assembly is not in session. 5101. Tie vote for congressman decided by lot; certificates of election. 5102. When abstracts to be canvassed. 5103. Returns of special election of member of congress. 5104. Votes to be canvassed by secre- 5105. Abstracts and certificates in judi- 5107. Abstracts in districts containing 5108. Tie votes for county officers and members of the general assembly. 5109. Certificates of election of county officers and members of the general assembly. Section. 5110. Provisions relating to poll books, abstracts and returns. 5111. Returns of November elections in odd numbered years. 5112. Canvass of vote for township officers. 5113. Tie vote for township officers. 5114. Abstract of vote for municipal officers. 5115. How returns made and canvassed in registration cities. 5116. Tie vote in election for municipal officers. 5117. Returns and certificates for elec- 5118. Result of election of justices of 5121. How result determined in certain cases. 5122. Number of votes necessary when statute is silent. 5123. Want of form shall not invalidate poll books. 5123-1. Return of votes cast for and against proposed constitutional amendments. 5123-2. Returns certified to state supervisor of elections within ten days; opening and canvassing returns. 5123-3. Publication of proposed amendments by state supervisor of public printing. 5123-4. Charges for publication. Sec. 5093 Making and Transmission of Returns. The judges and clerks in each precinct shall make out the returns of the election in duplicate, sign and certify one of the poll books and tally sheets thereof, and immediately transmit to to the deputy state supervisors by the presiding judge or such other judge as he may designate. The other poll book and tally sheets signed and certified in like manner shall be forthwith deposited with the clerk of the township or the clerk or auditor of the municipal corporation, as the case may require, by another judge designated by the presiding judge, and shall be preserved one year from the date of such election. Such returns shall be securely sealed in an envelope and addressed transversely upon the upper end thereof to the proper officer with whom they are to be deposited, with the designation of the township, precinct and county. In reg istration cities, such delivery shall be made as provided in the chapter relating to registration. History:-88 v. 463; 89 v. 448; 90 v. 276; 92 v. 147; 93 v. 366; 97 v. 236. Except in registration cities the returns of the November elections held in the even numbered years for the election of state, district and county offices are required to be transmitted, one poll book and tally sheet to the deputy state supervisors of elections of the county and the other poll book and tally sheet to the clerk of the township or to the clerk or auditor of the municipal corporation in which the election precinct for which the election returns are made is located. In registration cities the returns of such elections are required to be delivered, one poll book and tally sheet to the clerk of the court of common pleas of the county, and the other poll book and tally sheet to the board of deputy state supervisors of elections of the county at its office. Both poll books and tally sheets of regular elections held in November of odd numbered years for township officers (except members of boards of education) and justices of the peace, except in election precincts in registration cities, are required to be returned to the clerk of the township. The returns of such elections of township offices and justices of the peace in precincts in registration cities are required to be made to the deputy state supervisors of elections of the county. The returns of elections of members of boards of education, except in registration cities, are required to be made to the clerk of the board of education of the district in which such election is held. In registration cities the returns of elections of members of the board of education and of municipal offices are required to be made to the board of deputy state supervisors of elections of the county. In municipalities, except registration cities, the returns of the election of municipal offices, except members of boards of education, are required to be made to the clerk or auditor of the municipality. Where a ticket or list of candidates, not containing the names of more candidates for any one office than may be elected, is nominated by a petition, and there is designated a proper name or title for such ticket or list of candidates, it is required that such ticket be printed in a separate column on the ballot to the right of all party tickets, under the name so designated, having printed above such designated name or title a circular space similar to that above party tickets. The names of all independent candidates nominated by separate petitions should be placed in a list to the right of party tickets and tickets nominated by petition, without any name, title or designation thereover and without any circular space over the same, and the name of such independent candidates for the several offices to be elected should be placed under the title of such offices in alphabetical order according to surnames. Tickets or lists of candidates for offices may not be nominated by a single petition in townships nor in municipalities of less than 2,000 population in which no primary election is held for the nomination of candidates. The returns of elections held under authority of section 3536, G. C., for the election of municipal offices of a newly created municipal corporation are required to be made to the clerk of the township in which such municipality is located, and such clerk is required to canvass the same and issue proper certificates of election to those persons by him determined from such returns to have been elected. Op. Atty. Gen. (1916), p. 86. Sec. 5094. Opening Returns; Abstracts to be Made. Within five days after the election, or sooner in case the returns are made, the board of deputy state supervisors of the county shall open the several returns made to it and make abstracts of the votes in the following manner: 1. Upon a single sheet an abstract of votes for governor, lieutenant governor, secretary of state, auditor of state, treasurer of state and attorney general. 2. Upon another sheet an abstract of votes for governor, lieu tenant governor, secretary of state, auditor of state, treasurer of state, attorney general, chief justice of the supreme court, judge of the supreme court, United States senator and for representatives to congress. 3. Upon another sheet an abstract of votes for governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, chief justice of the supreme court, judge of the supreme court, judge of the court of appeals, judge of the common pleas court, United States senator, representatives to congress, senators and representatives to the general assembly, judge of the probate court, clerk of the common pleas court, sheriff, county auditor, county commissioner, county treasurer, county recorder, county surveyor, prosecuting attorney and coroner. 4. And upon another sheet an abstract of votes for each elector of president and vice president of the United States. History:-50 v. 311; 61 v. 68; 82 v. 30; 90 v. 279; 102 v. 119; 103 v. 421; 104 v. 11. In an action to enjoin the clerk of the court of common pleas of Wood county from recording the abstract of the vote in said county upon the question of the removal of the county seat, held that allegations of fraud and illegality in conducting the election, constitute no sufficient ground for such injunction. Wrongs of such a nature can be inquired into and redressed, only by means of a contest of the election, pursuant to the provisions of the act of April 15, 1857: Peck v. Weddell, 17 O. S. 271. An action in mandamus to compel the board to make, certify, and transmit to the proper officers as required by law, the several abstracts of the votes shown by the tally sheets returned from the various election precincts of the county, may be instituted on the relation of any elector of the county: State ex rel. v. Tanzey et al., 49 O. S. 656. Sec. 5095. Making and Transmission of Abstracts. The board of deputy state supervisors shall make and certify duplicate copies of abstract number one, and inclose and seal them and endorse on the envelope "Certificate of the votes for governor, lieutenant governor, secretary of state, auditor of state, treasurer of state and attorney general," either or all as the case may be, and the name of the county in which the votes were given, and shall direct and forward one copy thereof by mail to the president of the senate at Columbus, and deliver the other copy to a member of the general assembly who shall deliver it to the president of the senate at Columbus. The board also shall forwith make, certify, seal and so endorse copies of abstracts numbers two and three and transmit them by mail to the secretary of state at Columbus. The board shall make and certify duplicate copies of abstract number four, one of which the board shall inclose, seal, and endorse on the envelope, "Certificate of votes for electors of president and vice president of the United States," adding the name of the county, and shall mail it to the secretary of state at Columbus. The other copy shall be filed in the office of the board. History:-50 v. 311; 89 v. 428; 90 v. 280. Sec. 5096. Secretary of State Shall Canvass Returns for Presiden= tial Electors; Certificate of Election. When the returns of an election of electors of president and vice president of the United States are received from all the counties, the secretary of state, in the presence of the governor, auditor of state, and such other state officers as choose to attend, shall open the returns of abstract number four, and, as they are opened, cause them to be read aloud, and shall make an abstract, showing the number of votes given for each person for such office. If two or more such persons receive an equal number of votes, the secretary of state, in the presence of such state officers, shall determine by lot which of such persons is duly elected. The governor shall make and transmit by mail to the persons having the highest number of votes, or whose election was so determined by lot, certificates of their election to the office of elector of president and vice president of the United States, and shall cause notice of their election to be published in three newspapers, published at Columbus, two of which shall be of opposite politics. History:-70 v. 272. The duties of the secretary of state in canvassing election returns and in declaring the result of the election are fixed by statute and are purely ministerial: State ex rel. v. Graves, 91 O. S. 113. Sec. 5097. Canvass of Returns of Abstract Number Two. Within ten days after the first day of December next after such election, the governor and secretary of state, in the office of the secretary of state, in the presence of the auditor of state and attorney general, shall open the returns of abstract number two, made to the secretary of state for judge of the supreme court, for United States senator and representatives to congress from each congressional district. If it appears that returns have been received from all the counties in accordance with the provisions of this chapter, the governor and secretary of state forthwith shall proceed to ascertain the number of votes given for the different persons for such offices. History:-50 v. 311; 104 v. 11. Sec. 5098. When Other Returns May be Used in Canvass. If such returns have not been received from all the counties, and returns of abstract number three have been received by the secretary of state from the delinquent counties, as herein provided, the governor and secretary of state shall be governed, so far as relates to such delinquent counties, by the last mentioned abstract. The persons having the highest number of votes for the respective offices named in the preceding section shall be considered duly elected. The secretary of state may open the returns of abstract number three as they are severally received by him. History-50 v. 311. Sec. 5099. When President of Senate Shall Open Abstract. During the first week of the session of the general assembly, the president of the senate shall open and publish the abstracts of votes by him received, in conformity to the third section of the third article of the constitution of the state. If the abstract from any county has not been received by him, recourse shall be had to abstracts number two or three in the office of the secretary of state. History-50 v. 311. |