CHAPTER 2. TIME AND NOTICE OF ELECTIONS. ELECTIONS IN EVEN NUMBERED Section. YEARS. 4824. Electors of president and vice president. 4825. Sheriff shall issue proclamation of election. 4826. Time of holding elections for elective state and county offices; vote for judge void, when. 4827. Sheriff shall issue proclamation of election. 4828. Time of congressional elections. 4828-2. Election of U. S. senators by the electors of the state; notice of election. 4828-3. Vacancy in representation in U. S. senate; special election. 4829. Vacancy in office of congressman or member of general assembly. 4830. Fees of sheriff. ELECTIONS IN ODD NUMBERED Section. 4832. Notice of township election. 4834. Notice of elections in precincts. 4836. Election of municipal officers. 4838. Election of members of the PROVISIONS APPLICABLE EACH 4840. Submission of question when special election not provided for. 4841. Proclamation as to sale of liquors on election day. Sec. 4824. Electors of President and Vice President. 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. History-61 v. 84. Sec. 4825. Sheriff Shall Issue Proclamation of Election. At least fifteen days before the time 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. History:-50 v. 311; 61 v. 84. See Opinions of Attorney General (1913), p. 367, cited under Sec. 4827. Sec. 4826. Time of Holding Elections for Elective State and County Offices. 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. History:-61 v. 68; 82 v. 16, 30; 83 v. 35; 103 v. 23. Elections are throughout the statutes termed general, regular and special elections. These terms are deemed to have a fairly well established meaning and unless used with special application or qualifying terms, "general election' is understood to mean the regular recurring November election at which state and county officers are elected. The term "regular elections" includes all those elections at which public officers are elected to fill the vacancies occurring by reason of the expiration of the terms of such officers as established by law, whether such officers be state, county, township or other officers whose terms of office are definite and determinate, the time of holding which election is definitely fixed by law. A special election is generally understood to mean an election held at a time not definitely fixed by law for the election of an officer to fill a vacancy occasioned by some exigency other than the expiration of the term fixed or an election which is held for the submission to the electorate of a question usually other than the selection of an officer, and at a different time from that at which a regular or general election is being held. In section 4948, G. C., it is provided that unless inconsistent with the context, the term "general election" as found in chapter 6, title XIV of part first, relating to primary elections, shall be construed to mean the "November election in the years when state and county officers are to be elected." While this definition is here specifically limited to the particular chapter mentioned, it is not without significance that the legislature chose to use it there in the sense in which it is generally understood. While the distinction between a general and regular election above attempted to be pointed out may not be found to have been uniformly observed, unless there should appear from the context or otherwise some indication of an intent to give to terms a different meaning or application, their most generally accepted significance should be adopted. Op. Atty. Gen. (1915), p. 1638. The governor is not authorized to withhold a certificate of election to the office of representative to congress by reason of the fact that the person so elected is at the time a judge of a court of common pleas under authority of the laws of Ohio. Op. Atty. Gen. (1916), p. 1934. That it will be presumed that a judge was elected for the full term, unless the announcement of the sheriff specifies otherwise, see State ex rel. v. Cogswell, 8 O. S. 620. The legislature has power to fix the time for holding the election of county officers, in the absence of specific, mandatory, constitutional provisions; and if the legislature has fixed such time, an election had any other time has no legal effect: State ex rel. v. Dombaugh, 20 O. S. 167. The language of Art. IV, § 14, of the Ohio constitution which applies to votes cast for a judge of the supreme court or of the court of common pleas, for any elective office except a judicial office, shows that votes may be cast for other judges for such offices; and the provisions of G. C. § 4826 are unconstitutional as far as they relate to judges of other courts created by the constitution: Fulton v. Smith, 99 O. S. 230. Sec. 4827. Sheriff Shall Issue Proclamation of Election. At least fifteen days before the holding 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. History:-50 v. 311. 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 O. 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 O. S. 344. 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. Where the sheriff does not furnish a copy of his proclamation for publication, but authorizes the making of such copy and adopts it as his own, this would be regarded as his own act and would not affect the election of which it gives notice. Op. Atty. Gen. (1913), p. 386. 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. Op. Atty. Gen. (1913), p. 367. It will be observed that no provision is made for proclamation of holding elections by the sheriff, except when electors of president and vice president, or elective state and county officers and judges of courts of appeals, or representatives in congress or representatives to the general assembly, are to be elected. Op. Atty. Gen. (1915), p. 2012. The fact that the sheriff in his notice of election has omitted to name one of the county offices to be filled, is not conclusive evidence of the invalidity of such election, although evidence of such omission may be offered in connection with other circumstances to prove fraud or conspiracy: State ex rel. v. Taylor, 15 O. S. 137; State ex rel. v. Stewart, 26 O. S. 216. If sheriff has omitted to give notice, of the election of one of the county offices to be filled, and in consequence of such omission a majority of the qualified electors who voted at such election did not vote for such office, and only a small minority voted therefor, such election for such office is invalid: Foster v. Scarff, 15 O. S. 532. Mandamus proceedings to compel a sheriff to make proclamation of an election, as required by law, may be brought on the relation of an elector of that county: State v. Brown, 38 O. S. 344; State ex rel. v. Beal, 60 O. S. 208. Sec. 4828. Time of Congressional Elections. 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. History:-83 v. 35, 36; 61 v. 68. Section 4828-1 provides for the apportionment of congressional districts for Ohio under the thirteenth census of the United States. Sec. 4828-2. Election of United State Senators by the Electors of the State. Notice of Election. 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 electors 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. History:-104 v. 8. Sec. 4828-3. Vacancy in Representation in the U. S. Senate, How Filled. Special Election. 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 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. History:-104 v. 8. Sec. 4829. Vacancy in Office of Congressman or Member of General Assembly. 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. History-50 v. 311. Where a vacancy in the office of representative to congress occurs and the governor issues a writ of election directing that a special election be held to fill such vacancy, and in such writ fixes a date for the primary as provided for in section 4964, G. C.; and where the date so fixed for said primary is the date for holding the regular primary election, the special primary election for nominating candidates to fill the vacancy in the office of representative to congress shall be conducted separately from the regular primary election; that is, there should be a separate ballot, poll books and ballot box for said special election, although conducted by the same election officers. In the conduct of a special election on the 5th of November, for the election of a member to congress to fill a vacancy, there should be a separate ballot, poll books and ballot box for said special election, and the election officers at the general election shall conduct said special election. Op. Atty. Gen. (1918), p. 981. Sec. 4830. Fees of Sheriff. 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. History:-50 v. 311; 102 v. 277. Sec. 4831. Township Officers and Justices of the Peace. 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. History: :—51 v. 489; 86 v. 94; 89 v. 195; 97 v. 62; 98 v. 171. 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. Sec. 4832. Notice of Township Election. At least twenty days 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. History:-51 v. 489; 97 v. 187; 98 v. 171. An election will not be declared void 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. Harpster v. Brower et al., 5 C. C. 395. See Sec. 4840, G. C. Sec. 4833. How Notice Served. 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. History:-51 v. 489. Election laws are to be construed liberally; and since failure to publish a mayor's proclamation does not invalidate an election it would seem that failure to publish the notice herein required would not invalidate an election: Fike v. State, 15 O. C. D. 554. Sec. 4834. Notice of Elections in Precincts. In townships which |