The Election Laws of the State of Ohio

have been divided, the trustees shall give fifteen days' notice of the time and place of holding elections in the precincts of such townships by posting written or printed notices in such number of places as to them seem proper for the general information of the electors of the several precincts.

History-54 v. 49; 51 v. 497.

Sec. 4835. Judges of Superior Court of Cincinnati. The judges of the superior court of Cincinnati shall be elected by the electors of the city of Cincinnati on the first Tuesday after the first Monday of November of each odd-numbered year preceding that in which the term of any such judge expires.

History-52 v. 34; 97 v. 38; 98 v. 48.

Sec. 4836.

Election of Municipal Officers. All elective municipal officers and judges and clerks of police courts and assessors in municipalities shall be chosen on the first Tuesday after the first Monday in November in the odd-numbered years.

History:-96 v. 93; 97 v. 39; 98 v. 172.

The board of deputy state supervisors and inspectors of elections of Hamilton county is not authorized to cause the name of a candidate for mayor of the city of Cincinnati to be printed upon the ballot at an election to be held more than two years prior to the date upon which a vacancy will occur: State ex rel. v. Hillenbrand, 100 O. S. 339.

Sec. 4837. Mayor Shall Issue Proclamation of Election. Previous to any election for municipal officers, the mayor shall issue a proclamation to the electors of the corporation or of the respective wards or districts thereof, as the case may require, setting forth the time and places of election and the officers to be chosen, and cause such proclamation to be published in a newspaper printed in the corporation at least ten days previous to the election. If no such newspaper is published in the corporation, such notice may be given by posters.

History:-66 v. 161.

Failure to publish the proclamation of the mayor for ten days was held not to invalidate the election: Fike v. State, 15 O. C. D. 554.

Sec. 4838. Election of Members of the Board of Education. All elections for members of boards of education shall be held on the first Tuesday after the first Monday in November in the odd-numbered years.

History-97 v. 40.

Where there was failure to publish notice of an election for school board and a regular election was held under section 4838 G. C., and where there were three members of the board to be elected and the names of six candidates appeared on the ballot, the three candidates receiving the highest number of votes were duly elected members of the board and are entitled to qualify thereon. Op. Atty. Gen. (1917), p. 2182.

Sec. 4839. Notice of School Elections. The clerk of each board of education shall publish a notice of all school elections in a newspaper of general circulation in the district or post written or printed notices thereof in five public places in the district at least ten days before the holding of such election. Such notices shall specify the time and place of the election, the number of members of the board of

education to be elected, and the term for which they are to be elected, or the nature of the question to be voted upon.

History:-91 v. 182; 97 v. 354.

The provision of section 4726, G. C., as amended 104 O. L., 139, taken in connection with the provision of section 4839, G. C., authorizes the calling of a special election in a rural school district for the purpose of submitting the question of centralization to the vote of the qualified electors of such district. Op. Atty. Gen. (1915), p. 338.

Failure to publish notice of an election for board of education as required by section 4839, G. C., will be treated as an irregularity only where there is no showing that the result of the vote would have been in any way changed had publication been made as provided by law. Op. Atty. Gen. (1917), p. 2182.

See Opinions of Attorney General (1921), p. 13, cited under Sec. 5080-1.

Sec. 4840 Submission of Question When Special Election Not Provided For. Unless a statute providing for the submission of a question to the voters of a county, township, city or village provides for the calling of a special election for that purpose, no special election shall be so called. The question so to be voted upon shall be submitted at a regular election in such county, township, city or village, and notice that such question is to be voted upon shall be embodied in the proclamation for such election.

History-90 v. 130.

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, p. 367.

Where a question is submitted to the voters of a township or other subdivision, such as the question of the issue of a tax levy, such question should be printed upon a separate ballot and deposited in a separate ballot box presided over by the regular judges and clerks of election. See Sec. 5020, G. C.

Where an act providing for the submission of the question of issuing bonds for a county soldiers' and sailors' memorial to a vote of the electors of the county, makes no provision for a special election and no provision as to the manner of submitting such question, but merely directs that it be submitted to the "popular vote at the next regular county election," the submission of such question at the next general state and county election is not a separate election, but is the submission of a question at the general election as provided by Secs. 2996-2 and 2966-32, Rev. Stat., and the deputy state supervisors of elections are not entitled to any additional compensation for so submitting such question. State ex rel. v. Jones, 14 O. D. 109.

A special election may be held upon the date of a primary election and by the same judges and clerks. Atty. Gen. 4-25-10.

That such special election can not be held unless provision by statute is made therefor, see State ex rel. v. Jones, 14 O. D. (N. P.), 109.

If the question of issuing bonds is submitted at a special election, the board of supervisors is not entitled to extra compensation: State ex rel. v. Jones, 14 O. D. (N. P.), 109.

Sec. 4841. Proclamation as to Sale of Liquors on Election Day. Three days previous to and on the day of any election, the mayor shall issue a proclamation to the public setting forth therein the substance of the enactment to prohibit the sale of intoxicating liquors upon that day, and he shall take proper measures for the enforcement of such

enactments.

History:-61 v. 24.

Sec. 4842. Township Precincts. Each township, exclusive of the territory embraced within the limits of a municipal corporation, shall compose an election precinct, unless such township is divided according to law into precincts."

History:-67 v. 47; 77 v. 40; 97 v. 191; 98 v. 234.

Sec. 4843. Municipal Precincts. Each municipal corporation, containing 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.

History:-67 v. 47; 77 v. 40; 98 v. 234; 88 v. 449; 89 v. 432; 90 v. 268; 95 v. 560; 97 v. 225; 99 v. 226.

Elections shall

Sec. 4844. Where Elections for Precincts Held. be held for each township precinct at such place within the township. as the trustees 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.

History:-67 v. 47; 77 v. 40; 97 v. 191; 98 v. 234.

Section 4844, General Code, which provides that elections shall be held for each municipal or ward precinct at such place as the council of the corporation may designate, does not mean that council must designate such place by ordinance or resolution. Council may designate such place by motion.

When council in non-registration cities, designates the place of voting by ordinance, it is not necessary that the ordinance be published. Op. Atty. Gen. (1913), p. 1528.

In section 4844, G. C., it will be observed that provision is made that the polling place for precincts in villages shall be at such place as the council shall designate. It need not be within the territorial limits of the ward in the village, if the council so decides. It may be, and frequently is, as a matter of fact in the city hall, the city building, where all the wards of the village vote.

Then, as to "registration cities," the provision is: "The deputy state supervisors shall designate the places of holding elections in each precinct." Thus, this section makes a distinction between villages and registration cities. The reason for such distinction is readily apparent.

I am therefore of the opinion that in registration cities, the voting places must be within the territorial limits of the precinct. Op. Atty. Gen., No. 556, July 5, 1923.

Sec. 4845. Precincts With Four Hundred Votes or More May be Divided. When four hundred votes or more have been cast at the last preceding November election in a municipality where registration is not required or in any ward 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 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.