and shall in. dorse certificate upun poll book. election, and shall indorse a certificate of having administered such oath or affirmation on the poll book or packet delivered to him, and shall moreover give the judge, delivering the poH book, a receipt for the same, which receipt the judges shall file with the clerk of the proper county; and the said sheriff, on the receipt of the poll books, shall deliver or cause the same to retary of State be delivered to the Secretary of State, at his office, within eleven days after the election, under the penalty of one thousand dollars, to be recovered as is provided in the third section of this act. Sheriff to deliver poll book to sec under penalty of $1000. tary of State and governor, etc. Secretary to make an ab. stract. Governor to make certificates and transmit to ench Elector e lected, and cause election to be Sec. 5. That the said poll books, on the twelfth day after Poll books to be the election, shall be opened by the Secretary of State, in the opened by secre- presence of the Governor, and the aforesaid sheriffs, or such of them as choose to attend; the Secretary shall cause the poll books as they are opened to be read aloud, and shall make out a fair abstract of the names of the persons voted for, and the number of votes given to each, and the Governor shall forthwith make out, for the persons having the greatest number of votes, certificates of their having been duly elected Electors of President and Vice President of the United States, and transmit, by special messenger, the proper certificate to each person so elected, and shall cause the election of Electors to be publish. ed in the newspapers printed at the seat of government; but if more than the number of persons to be elected, have the greatest and an equal number of votes, then the election of those lection to be de- having such equal number of votes, shall be determined by lọt, to be drawn by the Secretary of State, in the presence of the Governor and sheriffs aforesaid; the Governor shall transmit the proper certificate, and cause publication to be made as aforesaid, and the said poll books shall be kept in the Secreta ry's office, subject to the inspection of any person, who may choose to examine the same. published. Votes equal, e cided by lot. Electors to meet at seat of gov. erument and perform their duty. Persons who Sec. 6. That the Electors who shall be chosen as aforesaid, shali, at twelve o'clock on the day which is or may be directed by the Congress of the United States, meet at the seat of government of this State, and shall then and there perform the duties enjoined upon them, by the constitution and laws of the United States. Sec. 7. That the several persons who shall be appointed to conduct the election of Electors of President and Vice Presiconduct election dent of the United States, shall, for neglect of duty, or for improper conduct, be liable to the same penalties and forfeitures as are or may be provided by the law for regulating elections in this State. liable for neg lect. Sec. 8. That each Elector of President and Vice President Electors to give of the United States, shall, before the hour of twelve o'clock, notice to gover. on the day next preceding the day fixed by the law of Congress to elect a President and Vice President of the United States, give notice to the Governor, that he is at the seat of government, and ready at the proper time, to perform the duties of nor when met. names. an Elector, and the Governor shall forthwith deliver to the Governor to de Electors present, a certificate of all the names of the Electors; liver to Electors and if on examination thereof, it should be found, that one or a list of all the more of said Electors are absent, and shall fail to appear before nine o'clock in the morning of the day of election of President and Vice President as aforesaid, the Electors then pre-Electors present sent shall immediately proceed to elect by ballot, in the pre- to fill vacancies sence of the Governor, a person or persons to fill such vacancy or vacancies, as may have occurred through the non-attend ance of one or more of the Electors. votes, etc. to be Sec. 9. That if more than the number of persons required, to fill the vacancy or vacancies as aforesaid, shall have the Equal and higirgreatest and an equal number of votes, then the election of est number of those having such equal and highest number of votes, shall be determined determined by lot, to be drawn by the Governor, in the presence of the Electors attending; otherwise he or they, to the number required having the greatest number of votes, shall be considered elected to fill such vacancy or vacancies. lot Electors' names notify each Elec Sec. 10. That immediately after such choice is made in manner aforesaid, the name or names of the person or persons thus chosen to be so chosen, shall forthwith be certified to the Governor, by the certified to Gov Electors making such choice, and the Governor shall cause im-ernor who shall mediate notice in writing to be given to each and every of tor chosen to fill the Electors chosen to fill such vacancy or vacancies as afore-vacancy. said; and the said person or persons so elected and notified, Electors so choand not the person or persons in whose place he or they shall sen and not have been chosen, shall be Electors, and shall meet the other those originally Electors at the same time and place, and then and there dis- Electors. charge all and singular the duties enjoined on him or them, as Electors as aforesaid, by the Constitution and laws of the Uni ted States and of this State. elected shall be act, Sec. 11. That the sheriffs of the different counties shall Sheriffs' fees for each receive for his services performed under this act, the fol- duties under this lowing fees, to wit: for advertising the election of Electors, the sum of fifty cents for each township within his county; for attending at the seat of justice, to receive the township returns, the sum of two dollars; for delivering the poll books to the Secretary of State, at his office, the sum of two dollars for every twenty-five miles travel, to and from the seat of government, the distance to be estimated from their respective seats of justice, on the most usual rout to the seat of government; which fees shall be allowed by the Auditor, on the certificate of the Treasurer of Secretary of State, and paid by the Treasurer of State. To be paid by State. Compensation of Sec. 12. That each and every Elector who shall attend as an Elector at the seat of Government as aforesaid, shall be entitled to receive three dollars for each and every day's attend-how paid. ance, and three dollars for every twenty-five miles travel, of the estimated distance by the most usual rout, from his place of residence to the seat of government, and the like sum for returning; which sum shall be allowed by the Auditor, on the certificate of the Governor, and paid by the Treasurer, out of any moneys in the Treasury not otherwise appropriated: ProProviso, in case vided, however, That when a member of the General Assembly general assem shall be appointed an Elector, he shall not be entitled to the compensation herein allowed. of member of the bly. Compensation of judges and clerks of election. Sec. 13. That the judges and clerks of the township elections, held under this act, and the clerks of the different counties, shail be paid the like compensation, out of their respective county treasuries, and in like manner, as they are entitled to for similar services under and by virtue of the act entitled, "An act to regulate elections." JOSEPH RICHARDSON, Speaker of the House of Representatives. ALLEN TRIMBLE, February 15, 1820 Speaker of the Senate. What officers elected under the provisions of this act. except Cincinna AN ACT to regulate elections. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That all elections hereafter to be holden for governor, sheriff, coroner, county auditor, county assessor, county commissioners, county treasurer, county recorder, senators and representatives to the general assembly, and representatives to congress, shall be held and conducted in the manner prescribed in this act. Sec. 2. That each township in the several counties, except Each township, the township of Cincinnati, in the county of Hamilton, shall ti, to compose an compose an election district; the elections to be held at such election district. place as the trustees in each township shall direct: and each ward of the city of Cincinnati shall compose an election district; the elections therein to be held at such places as the compose an elec- members of the city council, for their respective wards, shall direct: and in all elections holden under this act, they shall serve as judges, and perform the duties required of township trustees in like cases. Each ward in tion district. Sheriff to pro ship. Sec. 3. That the sheriffs of the several counties shall cause vide ballot box to be provided, at the expense of the county, a ballot box for for each town each township which may be destitute of the same, and cause it to be deposited with the township clerk; whose duty it shall be Township clerk to the preserve same, for the use of the elections, and carry said to carry box and ballot box, with a copy of the laws containing this act, to the to the election, place of holding elections in his township, when, and as often as it may be necessary, to meet and vote for officers under this copy of this act act. Sec. 4. That it shall be the duty of the sheriff, and he is Sheriff to give hereby authorized and required, fifteen days at least before time of holding the holding of any general election, or ten days before the notice of the holding of any special election, to give public notice by pro the election, and clamation, throughout his county, of the time of holding such number of offielection, and the number of officers at that time to be chosen; cers to be chosen. one copy of which shall be set up at each of the places where the elections are appointed to be holden, and inserted in some newspaper published in the county, if any be published therein. Sec. 5. That at all elections to be holden under this act, and closing the the poll shall be opened between the hours of eight and ten in Time of opening the morning, and closed at four in the afternoon of the same polls. day; except in the city of Cincinnati, where the polls shall be opened between the hours of eight and ten in the morning, and closed at six in the afternoon. Sec. 6. That at all elections to be holden under this act, the trustees of the several townships shall serve as judges, and the Who shall be clerk of each township, and such other person as the judges clerks of the shall choose, shall serve as clerks of the election; who, toge- election. ther with the judges aforesaid, shall receive seventy-five cents Their compensa per day each, as a compensation for their services, to be paid tion. out of the treasury of their proper county. Sec. 7. That if either of the trustees, common councilmen the electors shall elected to take or clerk of any township, shall fail to attend at the time and In certain cases place of holding elections, or if either of them should be a can- choose judges didate, then it shall be the duty of the electors present to and clerks. choose, viva voce, suitable persons, (as the case may require,) having the qualifications of electors, to act as judges, or clerk, (as the case may be) of the election: and previous to any votes being received, each judge and clerk, not being a trustee or Persons thus clerk of the township, shall take an oath or affirmation, which an oath. may be administered by a justice of the peace, trustee or clerk of the township, in the following form: "You, A. B. do solemnly swear, (or affirm, as the case may be) that you will perform the Form of the duties of a judge or clerk of this election, (as the case may be) oath according to law and the best of your abilities; and that you will studiously endeavor to prevent fraud, deceit or abuse, in conducting the same." Sec. 8. That if any trustee, common councilman, or township Penalty for refu clerk, shall refuse to discharge the duties imposed by law, or if sing to serve as those who may be chosen to act in their stead shall refuse to act, judge or clerk. the person so offending shall forfeit and pay a sum not exceeding ten dollars, for the use of the county in which he or they may reside; to be recovered, with costs, before any justice of the peace of the township, in an action of debt. Sec. 9. That each elector shall, in full view, deliver to one Manner of vo of the judges of the election, a single ballot or piece of paper, ting. on which shall be written or printed the names of the persons voted for, with a pertinent designation of the office which he Elector not to or they may be intended to fill; but no elector shall vote, except township. in the township in which he resides: Provided, That nothing in this section contained, shall be so construed as to prevent any elector from voting for State and county officers, in any vote out of his claim the name of elector, etc. other township of the county in which he may reside, during the term of his actual employment in the business of his trade, occupation or profession, in such other township. Sec. 10. That the judge to whom any ticket shall be deliJudge receiving vered, shall, upon the receipt thereof, pronounce with an audithe ticket to pro- ble voice the name of the elector; and if no objections be made to him, and the judges be satisfied that the elector is a citizen of the United States, and legally entitled, agreeably to the constitution and laws of this State, to vote at the election, he shall immediately put the ticket in the box, without inspectClerk to enter ing the names written thereon; and the clerks of the election shall enter the name of the elector, and number, in the poll books, agreeably to the form pointed out in the twentieth sec= tion of this act. name in poll book. Penalty for voting in more than one township or ward. Judges may ex amine elector on his right to vote, and may exa Sec. 11. That if any person shall vote in more than one township or ward, at the same election, he shall, on conviction thereof, be fined in the sum of fifty dollars, and be imprisoned in the jail of the county for any time not exceeding ten days, at the discretion of the court. Sec. 12. That where objections are made to an elector, and in all other cases where it is unknown to either of the judges, oath, touching whether the person offering his ballot has a right to vote at that election, the judges shall have power to examine such person mire witnesses. on oath or affirmation, touching his qualifications as an elector; and they may also inquire into the qualifications of such elector, on the oath or affirmation of some disinterested witness or witnesses; which oath or affirmation, either of the judges is hereby authorized to administer. Sec. 13. That at the close of the polls, the poll books shall Poll books to be be signed by the judges, and attested by the clerks; and the signed by judges names therein contained shall be counted, and the number set down at the foot of the poll books, in the manner hereinafter provided in the form of the poll books. and attested by clerks. ming and disposing of the ballots. Sec. 14. That after the poll books are signed, in the manner Manner of exa hereinafter contained, in the form of the poll books, the baliot boxes shall be opened, and the tickets or ballots therein contained shall be taken out, one at a time, by one of the judges, who shall read distinctly, while the ticket remains in his hands, the name or names contained therein, and then deliver it to the second judge, who shall examine the same, and pass it to the third judge, who shall string it on a thread, and carefully preserve the same: the same method shall be observed, in respect to each of the tickets in the ballot box, until the number of tickets taken out of the ballot box is equal to the number of names in the poll book. Sec. 15. That the clerks shall enter in separate columns, Clerks to enter under the names of the persons voted for, as hereinafter provi ded in the form of the poll books, all the votes so as aforesaid read by the judges. the votes as read by the judges. Ballots rolled to Sec. 16. That when two or more ballots are found folded or |