township, fails to give to any elector any ballot which such elector is entitled to have and vote, or deposits in the ballot box any ballot other than the one handed to him by the voter entitled to vote the same, or counts any ballots for or against any question or proposition other than as it is voted, or so counts any blank ballot, shall be guilty of a misdemeanor.

History:-106 v. 21.

Sec. 5169-15. Appointment of Special Deputies by Sheriff, Upon Statement and Certification of Committees. Whenever the committee provided by law for naming inspectors and challengers in any county files with the sheriff of the county at least five days before the election a signed statement that they have good reasons to believe that there will be bribery of electors or violation of election laws in certain precincts, wards or townships, of the county, at the next election, such sheriff shall appoint the persons named by such committee as special deputy sheriffs to prevent such violation of the law, but he shall not be liable on his bond for the acts of such special deputies. The sheriff shall name the persons certified to him by said committee, and such deputies shall have the same authority to make arrests and serve process as the sheriff or other public officer. Such deputies shall have the same authority as judges of elections have, as provided for in section 4890 of the General Code, to call to their aid any officer of the peace or elector to aid them in enforcing the law. Each deputy shall give a bond in the sum of $1,000 payable to the state of Ohio that he will faithfully perform the duties placed upon him to enforce the law, for an honest election. The compensation for such officers shall be paid by the committee naming them, and not more than one such officer shall be named for any one precinct by any committee.

History:-106 v. 21.

See Opinions of the Attorney General (1915), p. 1892, cited under Sec. 5080-1.

Sec. 5169-16. Violation, Prima Facie Case of Fraud. A violation of any of the provisions of this act shall constitute a prima facie case of fraud within the purview of this act.

History:-106 v. 22.

Sec. 5169-17. Penalty; Fined and Disqualified from Holding Office...Any person convicted of a misdemeanor under sections 12, 13 or 14 of this act shall be fined not less than $100, nor more than $500, and shall, at the discretion of the court, be disqualified to hold any office in connection with any election held thereafter in the state of Ohio.

History:-106 v. 22.

Sec. 5170. Meeting of Presidential Electors. At twelve o'clock on the day appointed by the congress of the United States, the electors of president and vice president of the United States, shall meet at the state house in Columbus, and then and there perform the duties enjoined upon them by the constitution and the laws of the United States.

History:-29 v. 41.

Sec. 5171. Electors Shall Give Notice to Governor of Their Presence. Before the hour of twelve o'clock on the day next preceding the day fixed by the law of congress to elect a president and vice president of the United States, each elector of president and vice president shall give notice to the governor that he is present, and ready at the proper time to perform the duties of an elector. Thereupon the governor shall deliver to each such elector a certificate of the names of all the electors.

History:-29 v. 41.

Sec. 5172. How Vacancies in the Office of Elector Filled. If any of the electors are absent, and fail to appear before nine o'clock on the morning of the day appointed for the election, the electors then present shall immediately proceed to elect by ballot in the presence of the governor, persons to fill the vacancies occurring through such nonattendance.

History-29 v. 41.

Sec. 5173. Tie Votes Determined by the Governor by Lot. If two or more persons receive an equal and the greatest number of votes at such election, the governor, in the presence of the electors attending shall determine by lot which of such persons is duly elected, otherwise he or they having the greatest number of votes shall be considered elected to such vacancies.

History:-29 v. 41.

Sec. 5174. Electors Shall be Notified by the Governor. The electors making such choice shall forthwith certify to the governor the names of the persons so chosen, and the governor shall cause immediate notice in writing to be given to each of them. The persons

so chosen and notified and not the persons in whose place they have been chosen, shall be electors, and shall meet the other electors at the time and place appointed, and then and there discharge all the duties enjoined on them as electors by the constitution and laws of the United States and of this state.

History-29 v. 41.

Sec. 5175. Compensation of Electors and How Paid. Each elector shall receive three dollars for each day's attendance at Columbus as such, and mileage at the rate of ten cents per mile for the estimated distance by the usual route, from his place of residence to Columbus. Such compensation and mileage shall be paid by the state.

History:-70 v. 272.

7-E. L.

Sec. 5175-1. "Committee” or “Organization" Defined. The term "committee" or "organization" as hereinafter used, shall include every committee or combination of two or more persons co-operating to aid or promote the success or defeat of a political party or principle,

or of any proposition submitted to vote at any election, or to aid or take part in the election or defeat of any candidate for public office; or to aid or take part in the election or defeat of any candidate for nomination at a primary election or convention, including all proceedings prior to such primary election, or of any candidate for any office, whether public or not, to be voted for at a primary election; under the primary election law; or any other organization or society soliciting or receiving money, assessments or other things of value, or in any way advocating or promoting the success or defeat of any candidate for office, or of any principal measure or proposition to be voted for at any election held in this state; but nothing herein contained shall apply to or in respect of any committee or organization for the discussion or advancement of political or economic questions.

History:-102 v. 321; 103 v. 578.

A committee or combination of two or more persons co-operating to aid in or promote the success or defeat of any proposition submitted to a vote at any election required under the law to make report of receipts and expenditures unless clearly shown to be within exempted class in section 5175-1, G. C. Op. Atty. Gen. (1919), p. 1392.

Boards of education are without authority to expend public funds in printing and mailing to each taxpayer literature and advertising matter in favor of any proposition to be voted upon by the electors at an election called by such board of education. Op. Atty. Gen. (1920), p. 915.

Sec. 5175-2. Statement of Expenditures. Every candidate who is voted for at any election or primary election held within this state, and every person, committee or association or persons incorporated or unincorporated, who may have contributed, promised, received or expended directly or indirectly, any money or thing of value in connection with any election held in this state, shall within ten days after such election file, as hereinafter provided, an itemized statement showing in detail all the moneys or things of value, so contributed, promised, received or expended, and all liabilities directly or indirectly incurred in connection with such elections; but individuals other than candidates making only contributions, the receipt of which must be accounted for by others, need not file such statement under this section.

History:-102 v. 321; 103 v. 578.

In the trial of mandamus proceedings to compel the board of deputy state supervisors to issue a certificate of election to the person who has been elected to the office of probate judge, the defendants can not introduce evidence to prove that the itemized statements filed by such successful candidate and purporting to contain a full statement of all money or other things of value promised, received or expended, and the liabilities incurred in connection with such election, and the primary election therefor, are either false or incomplete: State ex rel. v. Deputy State Supervisors, 3 Ohio App. 190, 20 O. C. C. (N. S.) 190.

When the person elected to the office of probate judge has filed itemized statements purporting to contain a full statement of all the money or other things of value promised, received or expended, and the liabilities incurred in connection with such election, and the primary election therefor, in substantial compliance with this section and G. C. § 5175-3, the board of deputy state supervisors of elections are not authorized under G. C. § 5175-8 to refuse a certificate of election to such person on the grounds that the board believes the statements filed are false and incomplete: State ex rel. v. Deputy State Supervisors, 3 Ohio App. 190, 20 O. C. C. (N. C.) 190.

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