PROCEEDINGS AFTER THE CLOSE OF THE POLLS.

Signing of poll-books.-The first duty of the judges, after the close of the polls, is to sign the poll-books; and of the clerks, to attest the same, after having counted the names and set down the number at the foot of the poll-books, as provided in the above form. 2956.

Counting the votes.-After the poll-books are duly signed, the ballot-boxes are to be opened, and the ballots taken out, one at a time, by one of the judges, who is required to read, distinctly, while the ticket remains in his hand, the name or names therein contained, and then deliver it to the second judge, who should examine the same, and pass it to the third judge, who is to string the ticket on a thread, and carefully preserve it; the same method to be observed in respect to each ticket taken from the ballot-box, until the number taken out is equal to the number of names in the poll-books, and any ballots in the box in excess of the number of names in the poll-books, together with the ballots strung as aforesaid, must be left in the box and locked, and the box and contents delivered to the officer authorized to receive and keep the same, and the minority judge of the election is required to keep the key or keys, and the box to remain locked until the expiration of the time within which any legal notice of contest can be given; and if such notice be given, shall remain locked until the trial of such contest, when the same is to be delivered into the custody of the court in which such contest is pending.1 2957.

Duty of clerks as to counting the votes-The clerks must enter, in separate columns, by tallies under the names of the persons voted for, as provided in the following form, all the votes so read out by the judges:2

1The original tally sheet of a municipal election, duly certified by the officers thereof, is, on a proceeding in quo warranto, prima facie evidence of the election to the office of mayor of the person for whom it shows a majority of the ballots cast for said office was given. The State ex rel. v. Donnewirth, 21 Ohio St. 216. 2 As amended 78 Ohio Laws, 29.

No. 46. FORM OF TALLY-SHEET.

NAMES OF PERSONS VOTED FOR, AND FOR WHAT OFFICE,

CONTAINING THE NUMBER OF VOTES GIVEN FOR EACH CANDIDATE.

2960.

We do hereby certify that A B had votes for governor; C D had votes for governor: E F had votes for lieutenantgovernor; G H had — votes for secretary of state; I K had votes, etc.

LK Clerks.

C D Judges of Election.

Double ballots.-Whenever two or more ballots are found folded or rolled together, it must be held conclusive evi dence that they are fraudulent. 2953.

Ballot containing too many names for same office.—If any ballot be found to contain a greater number of names for one office than the number of persons required to fill the office, it is to be considered fraudulent as to all the names designated to fill such office, but no further. 2954.

Ballot containing less than enough names not fraudulent.— A ballot is not to be considered fraudulent for containing a less number of names than are authorized to be inserted. 2955.

Proclamation of result.—The number of votes enumerated for each candidate is to be proclaimed to the people present, after the counting is completed. 2959.

Counting not to be postponed, or ballot-box removed.-A judge of election who, after the counting of votes commences, as required by law, postpones the counting of votes cast at such election, or adjourns for any time, or to any place, or removes the ballot-box from the place of voting, or from the custody or presence of all the judges, is liable to a fine of not more than one thousand nor less than one hundred dollars, and to be imprisoned not more than ten days. 7056.

Penalty for knowingly counting fraudulent vote.-A judge of any election who knowingly permits any ballot or ticket fraudulently placed in the ballot-box, if the same can be designated, to be counted, is liable to imprisonment in the penitentiary not more than three nor less than one year. 7057.

Penalties for misconduct of judges.—A judge of an election who knowingly receives or sanctions the reception of a vote from any person not having all the qualifications of an elector prescribed by law, or receives, or sanctions the reception of a ballot from any person who refuses to answer any question put to him in accordance with the requirements of the laws of this state elating elections, or re

.

fuses to take the oath prescribed by the laws, or refuses or sanctions the refusal of any other judge of the election board to which he belongs, to administer any oath required by law, or refuses to receive, or sanctions the rejection of, a ballet from any person, knowing him to have all the qual ifications of an elector prescribed by law, or refuses, if requested, to perait the respective candidates at such an election, or not exceeding three of the friends of each of such candidates, to be present in the room where the judges are during the time of receiving and counting the ballots; and a judge or clerk of an election on whom any duty is enjoined by law, who willfully neglects the same, or is guilty of any corrupt conduct in the execution of his duty, is required to be fined not more than one thousand nor less than three hundred dollars, and imprisoned not more than six nor less than three months.1 7058.

SECTION 6.

CERTIFYING And ReturninG POLL-BOOKS.

It

Poll-books to be sealed, and directed to clerk of court of common pleas.-After canvassing the votes according to law, the judges, before they disperse, must put under cover one of the poll-books, seal the same, and direct it to the clerk of the court of common pleas of the county. is to be observed that what is usually called the "tallysheet" is treated by the law as a part of the poll-book, and hence the requirements as to returning apply to both. 2961. How the poll-book is to be returned.—After having been duly sealed and directed, the poll-book must be conveyed by one of the judges (to be determined by lot, if they can not otherwise agree) to the clerk of the court of common pleas, at his office, within three days after the day of the election. Returns of township elections are to be made, in like manner, to the township clerk within one day after the election; but returns of the precinct or precincts in which the township clerk does not reside, must be made to

177 Ohio Laws, 267.

the township clerk within three days after the day on which the election is held. 2961, 2996, 1394.

Disposition of the other poll-book. The other poll-book is to be left with the township clerk, there to remain for the use of any person who may choose to inspect it, after the expiration of the time within which any legal notice of contest could be given. 2961.

SECTION 7.

COMPENSATION OF OFFICERS. Pay.-Judges and clerks of election are entitled to two dollars as a compensation for their services at each election, to be paid out of the county treasury; except in case of township elections only, it is to be paid out of the township treasury. 2963.1

Mileage for returning poll-book.-If two or more pollbooks are required to be returned, of an election held at the same time and place, the same judge must return both, and he is entitled to the same mileage, whether there be one or more, to wit, ten cents per mile from the place of election to the seat of justice, to be paid out of the county treasury. 2964.

In case of two boards of judges and clerks.-If there be two boards of judges and clerks conducting the election, each of such judges and clerks is entitled only to one dollar for his services. 2963.

SECTION 8.

QUALIFICATIONS OF ELECTORS.

Who may vote.-Any male citizen of the United States, over the age of twenty-one years, who has been an actual resident of the state for one year, of the county for thirty days, and of the township for twenty days next preceding the election, unless disqualified by conviction of a crime punishable by imprisonment in the penitentiary, is entitled to vote in such township, and no other, except where the person offering to vote is the head of a family, and has actually resided in the state and county the required length 1As amended, 84 Laws, 217.