or committeemen, as the case may be, selected by such committee, shall, in the case of offices, the nomination papers for which have to be filed with the state supervisor of elections be reported to such state supervisor and, in the case of other offices, shall be reported to the proper board or boards of deputy state supervisors, and such state supervisor or board, or boards, shall cause such name or names to be placed on the official ballots, lists or rolls.

History:-99 v. 222; 103 v. 486.

This procedure applies to vacancies occurring after the declaration of the result of the primary election, and to vacancies in the list of nominations actually made at the primary election only. Atty. Gen. 8-13-09.

This section does not authorize the filling of a vacancy resulting from failure to nominate a candidate for such office at the primary election. Atty. Gen. 8-18-09. See Sec. 4984-1.

A person may not be nominated as a candidate for an office as to which office there appears upon the primary ballot the name of a deceased candidate unless such other person receives a number of votes in excess of the number cast for the deceased candidate. If no nomination of a candidate for any office for which a nomination may be made at the August primary is made thereat, a nomination of candidate may not thereafter be made by a controlling or central committee pursuant to section 4989, G. C., 103 O. L., 486, or 5013 G. C., 103 O. L., 845, for such office. Op. Atty. Gen. (1916), p. 1214.

Since the charter of Toledo makes no express provision for filling vacancies in nominations of candidates for municipal offices, and since the amended statute which relates to municipal elections has omitted all reference to vacancies, mandamus will not lie to compel the board of deputy state supervisors to place upon the municipal ballot of the city of Toledo the name of one who has been appointed, upon the death of a candidate for a municipal office by the committee designated by such candidate as having authority to fill a vacancy: State ex rel. v. O'Dwyer, 97 O. S. 22.

Sec. 4990. Compensation of Election Officers. For their services in conducting primary elections, members of boards of deputy state supervisors shall each receive for his services the sum of two dollars for each election precinct in his respective county, and the clerk shall receive for his services the sum of three dollars for each election precinct in his county, and judges and clerks of election shall receive the same compensation as is provided by law for such officers at general elections.

History:-99 v. 223.

Provisions of G. C. Sec. 4990 are not inconsistent with Art. V, Sec. 7, of the amendments of 1912 to the constitution, and by the provisions of that section of the statutes each member of the board of deputy state supervisors of elections is entitled to receive, as compensation for his services in conducting a primary election provided for by this section, to be held in September of odd numbered years, the sum of two dollars for each precinct in his county whether primary elections were actually held in all of the precincts of his county or not. State ex rel. v. Hogg, 1 Ohio App. 205, 19 O. Č. C. (N. S.) 55, 24 O. C. D. 354, 58 Bull. 489 (Ed.).

The cost of supplies and the compensation of clerks and judges of election should be charged against the political division in which primaries are held and no other.

Compensation to members and clerks of the board of deputy state supervisors of elections for holding primaries and also for receiving nomination petitions is not an actual expense of the primary and cannot therefore be charged back to the political subdivision as an expense of a primary election under section 4991, General Code. This compensation is paid by the county. The precinct is the unit by which the amount of compensation to be paid in the county is determined. Op. Atty. Gen. (1914), p. 402.

The compensation to be paid to members and clerks of the board of deputy state supervisors of elections for conducting primary elections as provided for in section 4990, General Code, shall be paid by the county in the same manner as the compensation fixed by section 4882, General Code. No part of such compensation is paid by the registration city. Op. Atty. Gen. (1914), p. 723.

Section 4990, G. C., provides for additional compensation to deputy state supervisors of elections for services in conducting a primary election, and where a member who has performed a part of such services and for any reason ceases to be such officer before the services are completd, such compensation should be apportioned between such member and his successor, but since there is no authority in the county auditor, or the board of elections to make such apportionment, the warrant for the payment of such compensation should be withheld until the persons entitled thereto agree as to the division thereof or the same is otherwise determined according to law. Op. Atty. Gen. (1915), p. 1430.

Deputy state supervisors of elections and clerks of boards of deputy state supervisors of elections may not be paid compensation under authority of section 4990, G. C., for services in conducting primary elections in those counties in which no primary election is authorized to be held by reason of the provisions of article V, section 7 of the constitution and section 4951, G. C., 103 O. L., 476. Op. Atty. Gen. (1915), p. 1612.

Section 4990, G. C., provides an annual compensation for members of boards of deputy state supervisors and deputy state supervisors and inspectors of elections, and the clerks of such boards, which is required to be paid quarterly under the provisions of section 4822, G. C., in the same manner as the compensation for services in conducting other elections is paid.

The compensation authorized for services in conducting primary elections is not dependent upon or affected by the number of primary elections held within the official. Op. Atty. Gen. (1916), p. 694.

The fact that in statutes where an annual compensation is provided for, as in G. C. § 4822, the expression "during any year," or some similar expression, is used, tends to show that in statutes such as this section, where such expression is not found, the legislature does not intend to fix an annual salary: Nussdorfer v. State ex rel., 6 Ohio App. 121, 27 O. C. A. 188, 29 O. C. D. 43 [motion for an order directing court of appeals to certify its record overruled, Nussdorfer v. State ex rel., 14 O. L.. R. 488, 61 Bull. 370].

The compensation provided for deputy state supervisors of elections for the holding of primary elections is two dollars for each and every election precinct in the county for each and every primary election held under authority of law: Nussdorfer v. State ex rel., 6 Ohio App. 121, 27 O. C. A. 188, 29 O. C. D. 43 [motion for an order directing court of appeals to certify its record overruled: Nussdorfer v. State ex rel., 14 O. L. R. 488, 61 Bull. 370].

Sec. 4991. Expenses, How Apportioned and Paid. All expenses. of primary elections, including cost of supplies for election precincts and compensation of the members and clerks of boards of deputy state supervisors, and judges and clerks of election, shall be paid in the manner provided by law for the payment of similar expenses for general elections except that the expenses of primary elections in political divisions less than a county shall be a charge against the township, city, village or political division in which said election was held, and the amount so paid by the county shall be retained by the county auditor, from funds due such township, city, village or political division, at the time of making the semi-annual distribution of taxes. The amount of such expenses shall be ascertained and apportioned by the deputy state supervisors to the several political divisions and certified to the county auditor. In municipalities situated in two or more counties, the proportion of expense charged to each of such counties shall be ascertained and apportioned by the clerk or auditor of the municipality and certified by him to the several county auditors.

County commissioners, township trustees, councils, boards of edu

cation or other authorities, authorized to levy taxes, shall make the necessary levy to meet such expenses.

History:-99 v. 223; 103 v. 510.

If the expenses of a primary election have been paid, a proceeding in error to reverse a judgment concerning such payment becomes a mere moot question, and the petition in error will be dismissed: State ex rel. v. Deputy State Supervisor, 84 O. S. 450.

A special statute providing for the compensation of election officers for primary elections in a given county was held to be unconstitutional: Cincinnati v. Ehrman, 6 O. N. P. 169.

Sec. 4991-1. Party Platform, When and by Whom Framed. In the year 1914, and every fourth year thereafter, the candidates for state offices, except judicial offices, the candidates for member of the general assembly, the members of the state executive and central committees and the chairmen of the county central and executive committees of each political party which shall have selected candidates at the primary election of such year shall meet at such place as the state central committee of such party may designate on the second Tuesday after such primary and shall forthwith formulate the state platform of such party, which said state platform of each political party shall be so framed at such time that it shall be made public not later than six o'clock in the afternoon of the following Thursday.

History:-103 v. 486.

Sec. 4992. Nomination of Candidates. Except as provided by the preceding chapter of this title, nominations of candidates for public office may be made as herein prescribed.

History-88 v. 455; 89 v. 434; 103 v. 843.

A citizen's ticket, nominated by petition, and which polled at least one per cent. of the entire vote, does not entitle a similar ticket to a place on the ballot at a subsequent election, without a petition as provided by sections 4996 and 4999. Only those parties which have a state organization, and which cast the requisite number of votes in the entire state are entitled to representation on the ballot as a party

Where a "citizens' ticket" has been nominated by a caucus or convention and the certificate thereof filed with the board of deputy state supervisors, it is the duty of the deputy state supervisors to disregard and reject such ticket. The proper manner for electors to procure the nomination of a citizens' ticket is by petition.

A ticket nominated by petition is not entitled to go under a party ticket, as a regular party ticket.

A primary election must be held under the auspices of some party. Under the law there cannot be a nonpartisan primary. The method provided for placing a person on the ticket without regard to party is by petition.

The requirements of section 6 (89 O. L. 434) that certified nominations of candidates for public offices must be made by "convention, caucus, meeting of qualified electors, primary election held by such electors or central or executive committee, representing a political party, which at the next preceding election polled at least one per cent. of the entire vote cast in the state" is not repugnant to any provision of the constitution. State ex rel. Richard Plimmer v. Poston et al., 58 O. S. 620.

A number of citizens cannot caucus for the purpose of nominating a ticket.

A ticket may be nominated by caucus only by an existing political party. A citizens' ticket must be nominated by petition.

A political party does not have the right to fill a vacancy on its ticket by petition.

A person who has been a candidate at the primary is not thereby prevented from circulating a petition to be an independent candidate, and persons who voted at the primary are not thereby prevented from signing the same. Sec. 4950, G. C.

A political party casting more than one per cent. of the total vote for state officers in the state is entitled to exercise rights under section 4992 in and with respect to any of the political subdivisions of the state regardless of the number of votes cast by it in such subdivisions. Its rights under section 4992 are to be determined by the votes cast in the state at large for state officers. Atty. Gen. 4-28-10.

This and the following sections are constitutional: State ex rel. v. Poston, 58 O. S. 620; State ex rel. v. Evans, 90 O. S. 243.

If two certificates of nomination are filed by the same party for the same office, the court of common pleas has no authority in a mandamus proceeding to compel the printing of one of these two names, and one only, upon the ballot State ex rel. v. Thompson, 71 O. S. 76.

A court will not compel a board of deputy state supervisors to hear and determine objections to the nomination of candidates for office, the determination of which requires a recount of the ballots cast at the primary election, where the written objections are filed after the time fixed by statute for the destruction of these ballots: State ex rel. v. Swan, 91 O. S. 61.

Whether a political party is nominating by petition or by convention, it is entitled to have its witnesses and challengers at the polls; and mandamus will lie to compel the supervisors of elections to permit such challengers and witnesses to be present at the polls: Pendleton v. Board of Supervisors, 2 O. L. R. 304.

Sec. 4993. Certificate of Nomination. Each certificate of nomination shall state such facts as are in this chapter required for its acceptance and be signed by the proper officers of such convention, caucus, meeting, primary election or committee, who shall add to their signatures their places of residence and postoffice addresses and make oath before an officer qualified to administer it that the facts stated in the certificate are true to the best of their knowledge and belief. A certificate of the oath shall be annexed to the certificate of nomination.

History:-88 v. 455; 89 v. 434.

Within the meaning of section 2966-18, Revised Statutes (G. C. Sec. 4993), the chairman and secretary of a nominating convention are "proper officers" to execute certificate of nominations made by such convention.

A person who acts as secretary of two rival conventions may be compelled by mandamus to execute certificates of nomination made by each convention, in order that rival candidates may present their claims for determination by the election board named in section 2966-23, Revised Statutes (G. C. § 5007).

Upon an application of this character the court will consider only questions relating to the relator's right to such certificate of nomination, leaving all questions involved in the validity of the claims of rival candidates to be the nominee to be determined by said election board. State ex rel. Milner v. Jones, Secretary, 74 O. S. 418.

Political parties, being voluntary associations, the conventions of such parties are necessarily the sole judges of the elections, returns and qualifications of their members, and courts of equity can not restrain the members of such conventions or the members of the committees on credentials from arbitrarily seating certain delegates therein. In re. Contempt v. Grear, Jr., 6 N. P. 312.

Either political party may nominate and have placed on its ticket as can