Sec. 4797. Removal of Clerk and Deputy Clerk. The clerk or deputy clerk may be removed by the state supervisor and inspector or by the deputy state supervisors and inspectors for any violation or neglect of duty or other good and sufficient cause. History:-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288. Sec. 4798. Vacancy in Offices of Chief Deputy and Clerk, How Filled. Vacancies in the offices of chief deputy, clerk and deputy clerk shall be filled in the same manner as original selections are made and be persons belonging to the same political party as that to which the outgoing officer belonged. History:-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288. Sec. 4799. Duties and Compensation of Deputy Clerk. The deputy clerk of the board of deputy state supervisors and inspectors shall perform such duties and receive such compensation, not exceeding one hundred and fifty dollars, and in all counties having cities where registration is required, not exceeding two hundred dollars, except that in counties containing cities which at the last preceding federal census had or at any subsequent federal census may have a population of three hundred and fifty thousand or more, not exceeding two hundred and fifty dollars each month, as shall be determined by the board. History:--89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288; 107 v. 690; 110 v. 307. Sec. 4800. Investigation and Prosecution of Violations of Election Laws. The board of deputy state supervisors and inspectors shall investigate and prosecute all violations of the laws relating to the registration of electors, the right of suffrage, and the conduct of elections, and make report thereof to the state supervisor and inspector. When approved by the state supervisor and inspector and by a vote of a majority of its members, each such board may incur any expense necessary to the conduct of such investigations and prosecutions. History-89 v. 459; 90 v. 266; 97 v. 223. It will be noted from the above that the authority in this section is more comprehensive than the authority given to the board of deputy state supervisors in section 4820 G. C. supra. In the latter section if prosecution for offenses relating to the conduct of elections is to be had, it is done upon the order of the board of deputy state supervisors or the state supervisor of elections, while in the former section (section 4800) the board of deputy state supervisors and inspectors of elections have authority to investigate and prosecute, and provision is made for the expenses incident thereto. We fail to find any similar provision for the expenses of the deputy state supervisors. It is my opinion, therefore, that the only expenses authorized to be incurred by the board of deputy state supervisors of election, if any, are those of the mere preliminary examination on the part of the board, but which would not include the expenses of an extensive investigation or prosecution. The expenses, if any, should be incurred by the one ordered to prosecute the offenses, which evidently would be the prosecuting attorney of the county. Op. Atty. Gen. No. 980, Dec. 10, 1923. Sec. 4801. General Powers and Duties of Board. In addition to the powers and duties conferred upon them by the preceding section, the state supervisor and inspector of elections shall have the rights, powers and duties conferred and imposed by law upon the state supervisor of elections, and boards of deputy state supervisors and inspectors of elections shall have all the rights, powers and duties conferred and imposed by law upon boards of deputy state supervisors of elections, as hereinafter provided. History:-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288. The action of the board of deputy state supervisors and inspectors of elections in rejecting a nomination paper on the ground that it does not contain the names and addresses of persons to the number of five or less as a committee who might fill vacancies caused by death or withdrawal is final, and such action cannot be reviewed by mandamus: Board of Deputy State Supervisors v. State ex rel., 16 O. C. C. (N. S.) 244; citing Chapman v. Miller, 52 O. S. 166; Randall v. State ex rel., 64 O. S. 57; State ex. rel. v. Jones, 74 O. S. 418. Art. IV, § 1, of the Ohio constitution, does not prevent the legislature from conferring upon the state supervisor and inspector of elections and upon deputy supervisors and inspectors of elections full authority to conduct elections: State ex rel. v. Graves, 90 O. S. 311. The fact that under Art. II, § 1c, of the Ohio constitution, a petition may be filed sixty-one days before the election at which it is to be voted upon, and that by Art. II, § 1g, of the Ohio constitution, a referendum petition which is properly verified is to be presumed to be sufficient in all respects unless it shall be otherwise proved not later than forty days before the election, tends to show that the determination of the validity of such petition is not to be by proceedings before the court, since the twenty-one days in which such question may have to be determined will not be sufficient for the issue and serving of process: State ex rel. v. Graves, 90 O. S. 311. The action of the board of deputy state supervisors and inspectors of elections in rejecting a nomination paper on the ground that it does not contain the names and addresses of persons to the number of five or less as a committee who might fill vacancies caused by death or withdrawal is final, and such action can not be reviewed by mandamus: Board of Deputy State Supervisors v. State ex rel., 16 O. C. C. (N. S.) 244 [citing Chapman v. Miller, 52 O. S. 166; Randall v. State ex rel., 64 O. S. 57; State ex rel. v. Jones, 74 O. S. 418]. Sec. 4802. How Term "State Supervisor” and “Clerk” Construed. In this title and other laws relating to elections, unless otherwise expressly provided therein, the term "state supervisor" shall apply to the state supervisor and inspector equally with the state supervisor, the term "deputy state supervisors" shall apply to deputy state supervisors and inspectors of elections equally with deputy state supervisors of elections, the term "board of deputy state supervisors of elections" shall apply to the board of deputy state supervisors and inspectors of elections equally with the board of deputy state supervisors of elections, and the term "Clerk" shall apply to the clerk of the board of deputy state supervisors and inspectors of elections equally with the clerk of the board of deputy state supervisors of elections. History-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288. See Opinions of Attorney General (1922), p. 1119, cited under Sec. 4877. Sec. 4803. Board of Deputy State Supervisors. Except in counties containing cities wherein annual general registration of electors is required by law, or which contains two or more cities in which registration is required by law, there shall be a board of deputy state supervisors of elections for each county consisting of four members who shall be qualified electors. History-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288; 102 v. 98. Sec. 4804. Appointment of Deputy State Supervisors; Terms. On or before the first Monday in August, 1913, the state supervisor of elections shall appoint for each such county two members of the board of deputy state supervisors of elections, who shall each serve until the first day of May, 1916, and whose successors shall then be appointed and serve for a term of two years from and after such date. And on or before the first Monday in August, 1914, such state supervisor of elections shall appoint for each such county two members of the board of deputy state supervisors of elections who shall each serve until the first day of May in the year 1917, and whose successors shall then be appointed and serve for a term of two years from and after such date. One member so appointed shall be from the political party which cast the highest number of votes at the last preceding November election for governor, and the other member shall be appointed from the political party which cast the next highest number of votes for such officer at such election. History:-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288; 103 v. 215. Sec. 4805. Recommendation by Party Committee. For the terms fixed by the preceding section to begin on the first Monday in August, if the executive committee of the two political parties in the county casting the highest and next highest number of votes in the state at the last preceding November election for state officers recommend qualified persons to the state supervisor at least fifteen days before the first day of August, the state supervisor shall appoint the persons so recommended to the number to which each such party is entitled, and for the terms fixed by the preceding section to begin on the first day of May if the executive committee of the two political parties in the county casting the highest and next highest number of votes in the state at the last preceding November election for state officers recommend qualified persons to the state supervisor at least fifteen days before the first day of May, the state supervisor shall appoint the persons so recommended to the number to which each such party is entitled. History:-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288; 103 v. 215. When a recommendation for the appointment of a qualified person as deputy state supervisor of elections, signed by the chairman, secretary and members of the county executive committee of a political party that at the present November election cast the highest number of votes for governor or secretary of state, is placed on file, with the state supervisor of elections, within the required time, it is his duty to appoint the person so recommended. Mandamus is the proper remedy to enforce the performance of that duty. State ex rel. Culbert v. Kinney, Secretary, 63 O. S. 304. Sec. 4806. Vacancies. All vacancies shall be filled and all appointments to new terms shall be made from the political party to which the vacating or out-going member belongs, unless there is a third political party which, at the next preceding November election for state officers, cast a greater number of votes in the state than did the party to which the retiring member belonged, in which event the vacancy shall be filled from such third party.. History:-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288. Sec. 4807. Recommendations to Fill Vacancy. If, within five days after such vacancy occurs in the membership of a board of deputy state supervisors, the executive committee of the party entitled to the appointment to fill such vacancy recommends a qualified person to the state supervisor, he shall appoint such person to fill such vacancy for the unexpired term. If no such recommendation is made, the state supervisor shall make the appointment as provided in this chapter. History -89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288. Sec. 4808. How Rightful Executive Committee Determined. When recommendations are made to the state supervisor for appointment to new terms or to fill vacancies in the office of deputy state supervisor by more than one committee, each claiming to be the rightful executive committee of a political party entitled to recommend qualified persons for appointment on such board, such state supervisor, before making any such appointment, shall notify the chairman of the state central committee of the political party entitled to such appointment, and he shall recognize that committee as the rightful executive committee which such state central committee shall certify to be the rightful committee of such party. If such committee fails to make such certification for ten days from the giving of such notice, the state supervisor shall determine which of such disputing bodies or committees is the rightful committee of such party and shall make the appointment as provided in this chapter. History-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288. The board of deputy supervisors is without authority to ignore the committee recognized by the state central committee: State ex rel. Heckler v. Fitzgerald et al., 77 Ö. S. 641. Sec. 4809. Oath of Deputy State Supervisor. Before entering upon his duties, each deputy state supervisor of elections shall appear before a person authorized to administer oaths and take and subscribe to the following oath, which shall be filed with the clerk of the court of common pleas in the county where such deputy resides: State of Ohio,‒‒‒‒. ---county, ss. I do solemnly swear that I will support the constitution of the United States and of the state of Ohio, and perform the duties of deputy state supervisor of elections to the best of my ability. Sec. 4810. Any Removal of Deputy State Supervisor of Election. deputy state supervisor may be summarily removed from office for failure to obey any of the provisions of section 5089 of the General Code applicable thereto and may be removed by the state supervisor for any other misfeasance, malfeasance or nonfeasance in office or other good and sufficient cause. In filling vacancies caused by re moval, if no person belonging to the political party of the person removed can be induced to accept such appointment, the vacancy can be filled by appointment from another political party. History-89 v. 455; 90 v. 263; 93 v. 364; 97 v. 218; 98 v. 288; 110 v. 24. The state supervisor has no authority to remove a member of the board, except for mis feasance or malfeasance in office, or other good and sufficient cause. Section 4811. Organization of Board. Within fifteen days after such appointments in each year, the deputy state supervisors shall meet in the office of the county commissioners and organize by selecting one of their number as chief deputy, who shall preside at all meetings, and a resident elector of such county, other than a member of the board, as clerk, both of which officers shall continue in office for one year. History-89 v. 455; 90 v. 265; 91 v. 118; 92 v. 145; 93 v. 365; 97 v. 221. Sec. 4812. Selection of Clerk. The balloting for such officer shall commence at or before one o'clock afternoon on the day of convening, and at least one ballot shall be taken every twenty minutes until such organization is effected. The clerk shall be first selected by the votes of at least three members. If, after five ballots, no person shall be agreed upon as clerk, the clerk shall be selected by lot from two persons of opposite politics, to be nominated by the deputy supervisors, the two deputy supervisors of the same politics to name one candidate for clerk and the two deputies of opposite politics to name the other. History:-89 v. 455; 90 v. 265; 91 v. 118; 92 v. 145; 93 v. 365; 97 v. 221. A justice of the peace may serve as clerk of the board of deputy state supervisors of elections. Atty. Gen. 11-30-1909. Sec. 4813. Selection of Chief Deputy. After the selection of the clerk, the chief deputy shall be selected from deputies of opposite politics to that of the clerk. If, upon the first ballot, no person shall be agreed upon as chief deputy, the deputy of opposite politics to the clerk, having the shortest term to serve, shall be chief deputy and preside at all meetings. When such organization is perfected, the clerk shall forthwith report it to the state supervisor. History-89 v. 455; 90 v. 265; 91 v. 118; 92 v. 145; 93 v. 365; 97 v. 221. Sec. 4814. Oath of Clerk. Before entering upon his duties, the clerk of the board of deputy state supervisors of elections for each county shall take and subscribe the following oath, which shall be filed with the clerk of the court of common pleas of the county where he resides: State of Ohio,‒‒‒‒ --county, ss. I do solemnly swear that I will support the constitution of the United States and of the state of Ohio and discharge the duties of a clerk of the board of deputy state supervisors for. county to the best of my ability and preserve all records, documents |