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Sec. 13351. Destroying Ballot Box, Ballots or Poll Books. Whoever, from the time ballots are cast or voted until the time has expired for using them as evidence in a contest of election, unlawfully destroys or attempts to destroy a ballot box or poll-book used at an election, or destroys, falsifies, marks or writes on a ballot cast or voted or changes, alters, erases or tampers with a name on a ballot cast or voted, shall be imprisoned in the penitentiary not less than one year nor more than five years.

History:-53 v. 59; 78 v. 30.

Sec. 13352. · Unlawfully Obtaining or Attempting to Obtain Ballot Box or Ballots. Whoever, at an election, unlawfully, either by force, fraud or other improper means, obtains or attempts to obtain possession of a ballot box or ballots therein deposited, while the voting at such election is going on or before the ballots therein are lawfully taken out and enumerated by the judges of election, shall be imprisoned in the penitentiary not less than one year nor more than three years.

History:-53 v. 59.

Sec. 13353. Possession of Forged or Altered Poll-Books, Etc. Whoever has in his possession a falsely made, altered, forged or counterfeited poll-book, tally-sheet, list or election return of an election, knowing it to be such with intent to hinder, defeat or prevent a fair expression of the popular will at such election, shall be imprisoned in the penitentiary not less than one year nor more than three years.

History :-67 v. 51.

Sec. 13354. Judges May Order Persons at Precinct to Disperse. Whoever, being one of two or more persons congregating in or about a voting place, during the receiving of ballots, so as to hinder or delay an elector in casting his ballot, having been ordered by the judges of election to disperse, refuses so to do, shall be fined not less than twenty dollars nor more than three hundred dollars or imprisoned in jail not more than six months, or both. The judges of election, upon complaint being made that such persons are so hindering or delaying an elector, and being satisfied that there are substantial grounds for such complaint, shall order such persons to disperse.

History:—74 v. 215.

Sec. 13355. Violation or Neglect in Performance of Duty by Deputy Supervisors or Their Clerk. Whoever, being a deputy state supervisor of elections, or clerk of such deputy supervisors, upon whom a duty is imposed by law, wilfully or negligently violates or neglects to perform such duty, or wilfully performs it in such a way as to hinder the objects of the law, or wilfully disobeys any law incumbent on him, shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned in jail not more than one year, or both.

History :-89 v. 460.

Sec. 13356. Same by Public Officer. Whoever, being an official upon whom a duty is imposed by an election law, wilfully or negligently violates or neglects to perform such duty, or wilfully performs it in such a way as to hinder the object thereof, or wilfully disobeys such election laws, for which no specific penalty has otherwise been provided, shall be fined not less than fifty dollars nor more than one thousand dollars or imprisoned in jail not more than one year, or both.

History :-89 v. 450.

A presiding judge at an election, who wilfully opens a ballot before it is deposited in the ballot box, learns how an elector voted and discloses such fact, is criminally liable: State v. Vause, 84 O. S. 207.

Sec. 13357. Failure of Sheriff, Etc., to Obey Order of Judges at Election. Whoever, being a sheriff, constable, policeman, officer of the peace, or by-stander at an election, fails to forthwith obey and aid in enforcing a lawful order of the judges at an election in relation to persons who congregate or loiter within one hundred feet of a polling place of an election or place of registration of electors, or in relation to the hindering or delaying of an elector in reaching or leaving such place, or in relation to the giving, tendering or exhibiting of a ballot or ticket to a person other than a judge of election within one hundred feet of a polling place, or in relation to the soliciting or attempting to influence an elector as to the casting of his vote, within one hundred feet of a polling place, shall be fined not less than twenty dollars nor more than one thousand dollars or imprisoned in the county jail not less than thirty days nor more than one year or both.

History:—39 v. 13; 74 v. 215; 82 v. 234; 83 v. 213; 86 v. 368; 97 v. 217.

Sec. 13358. Delegate or Committeeman Giving Proxy. Whoever, being a delegate or committeeman chosen at an election provided for by the laws relating to primary elections, gives or issues a proxy or authority to another person to act or vote in his stead, shall be fined not less than twenty dollars nor more than one hundred dollars and imprisoned not less than five days nor more than thirty days.

History:-99 v. 223.

Sec. 13359. Acting or Voting in Place of Delegate or Committeeman. Whoever acts or votes in place of a delegate or committeeman chosen at an election provided for by the law relating to primary elections, shall be fined not less than twenty dollars nor more than one hundred dollars and imprisoned not less than five days nor more than thirty days.

History :-99 v. 223.

Sec. 13360. When Prosecutions Must Begin. All prosecutions under this chapter must be commenced within two years after the commission of the act complained of.

History:—76 v. 75; 86 v. 364; 88 v. 467 ; 89 v. 452; 98 v. 167 ; 98 v. 227.

APPENDIX

SCHOOL ELECTIONS.

Section, 4698. Board in districts less than 50,000 population; in districts more tiran

50,000 and less than 150,000; in districts meie than 150,000. 4699. Boards must conform to the law within 30 days; resolution. 4701. Election provision in view of federal census. 4702. Term; when members elected. 4703. Electors in attached territory entitled to vote. 4704. Submission of question of number of members. 4705. When and how plans shall be submitted and for what they shall provide. 4706. Election; expense. 4707. Adoption of by majority vote. 4708. Board of education in exempted and village districts. 82. Village with less than five hundred thousand valuation not a village

district. 4682-1. When and how village school districts may dissolve and join rural dis

tricts. 4709. Terms of members chosen at first election. 4710. Election in newly created village. 4711. Assignment of electors in attached territory for voting purposes. 4712. Board of education in rural school districts. 4714. Where electors shall vote for officers and on questions. 4736. Power to create school district. 4736-1. Election of members of board of education in new district; appoint

ment in certain cases. 4726. Question of centralization to be submitted to vote. 4726-1. Submission of question of centralization. 4727. Submission of question of de-centralization. 4728. County board of education; supervision of county districts by. 4728-1. Nomination of candidates by petition; number of signers required;

election; certificates. 4729. When and how members of county board elected; term of office. 4735-1. Procedure to dissolve rural district and join to others contiguous

thereto. 7625. May issue bonds. 7626. Issue of bonds when proposition approved. 7669. Union of districts for high school purposes; tax levy; submission of

question.

CITY DISTRICTS.

Sec. 4698. Number of Members of School Board. In city school districts containing according to the last federal census a population of less than 50,000 persons, the board of education shall consist of not less than three members nor more than five members elected at large by the qualified electors of such district.

In city school districts containing according to the last federal census a population of 50,000 persons or more, but less than 150,000 persons, the board of education shall consist of not less than two mem

bers nor more than seven members elected at large or not less than two members nor more than seven members elected at large and not more than two members elected from subdistricts by the qualified electors of their respective subdistricts. The office of subdistrict member in boards of education in all such city school districts having more than two subdistrict members is hereby abolished and the terms

of members elected from such subdistricts shall terminate on the day preceding the first Monday in January, 1920.

In city school districts containing according to the last federal census a population of 150,000 persons or more, the board of education shall consist of not less than five nor more than seven members elected at large by the qualified electors of such district; the office of subdistrict member in boards of education in all such city school districts is hereby abolished and the terms of members elected from subdistricts shall terminate on the day preceding the first Monday in January, 1920.

History :-70 v. 195; 77 v. 80; 82 v. 7; 84 v. 184; 91 v. 289; 92 v. 149; 97 v. 338; 103 v. 275; 108 v. Pt. I, 192.

A city board of education consisting of seven members elected at large, in pursuance to the provisions of sections 4698 et seq., G. C., as amended in 1919, constitutes a legal board for a city school district, the population of which is more than fifty thousand and less than one hundred and fifty thousand. Such a board also conforms to the provisions of said sections relative to a board required for a city school district containing a population of more than one hundred fifty thousand. In the event that the district containing the lesser population passes the one hundred fifty thousand mark in population, this fact will not change the status of such a board, and members so elected will have a legal tenure of office, notwithstanding the change in population. Op. Atty. Gen., No. 1868, Feb. 21, 1921.

Sec. 4699. Boards Must Conform to the Law Within 30 Days; Resolution. Within thirty days after this act shall take effect, the board of education of each and every city school district in which the number of members does not conform to the provisions of section 4698 shall by resolution determine within the limits prescribed by said sections the number of members of said board of education. Said resolution shall provide for the classification of the terms of members so that they will conform to the provisions of section 4702, General Code, taking into consideration the terms of office of the existing members whose terms do not expire or terminate on the day preceding the first Monday in January, 1920.

At the same time such boards of education in city school districts containing according to the federal census a population of 50,000 persons or over, but less than 150,000 persons, and electing to have subdistricts, shall subdivide such city school district into subdivisions equal in number to the number of members of the board of education in the district, who are to be elected from subdistricts therein so established. Such subdistricts shall be bounded, as far as practicable, by corporation lines, streets, alleys, avenues, public grounds, canals, watercourses, ward boundaries, voting precinct boundaries, or present school district boundaries, and shall be as nearly equal in population as possible and be composed of adjacent and as compact territory as practicable. Such subdivision shall be numbered from one up consecutively and the lines thereof so fixed shall not be changed until after each succeeding federal census. Within three months after the official announcement of the result of each succeeding federal census, the board of education of each city school district which according to such census shall have a population of 50,000 persons or over and less than 150,000 persons, and shall elect to have subdistricts, shall redistrict such district into subdistricts in accordance with the provisions of this chapter. If the board of education of any such district fails to district or redistrict such city school district, as herein required then the state superintendent of public instruction shall forthwith district or redistrict such city school district, subject to the requirements of this chapter.

History:—70 v. 195; 77 v. 80; 82 v. 7; 84 v. 184; 91 v. 289; 92 v. 149; 97 v. 338 ; 103 v. 275; 108 v. Pt. I, 193.

Sec. 4701. Election Provision in View of Federal Census. Whenever the number of members of the board of education of a city school district is so fixed in the resolution provided for in section 4699, that the number of members of said board to be elected in the year 1921 in order to comply with the provisions of section 4702, exceeds the number of members whose terms expire on the day preceding the first Monday in January, 1922, such excess number of members of such school board shall be elected at the general school election in the year 1919 for such terms of two years necessary to comply with the provisions of sections 4698 and 4702.

Whenever the number of members of any such board of education is so fixed as provided in this act, that the number of members of said board to be elected in the year 1921, in order to comply with the provisions of section 4702, is less than the number of members whose terms expire or terminate on the day preceding the first Monday in January, 1922, the member or members to retire, so that there will be a compliance with sections 4698 and 4702, shall be determined by lot from among those whose terms would expire on the day preceding the first Monday in January, 1922, the terms of office of those on whom the lot falls shall expire on the day preceding the first Monday in January, 1920.

History:—70 v. 195; 77 v. 80; 82 v. 7 ; 84 v. 184; 91 v. 289; 92 v. 149; 97 v. 338; 103 v. 276; 108 v. Pt. I, 194.

Sec. 4702. Term of Office. The term of office of all members of boards of education in city school districts, except as provided in section 4701, shall be four years. All members in office at the time this act takes effect shall serve the unexpired portion of the terms for which they were respectively elected and until their successors are elected and qualified, unless their terms shall expire or shall have been terminated as provided by sections 4698 and 4701.

If the number of members of a board of education of any city school district to be elected at large as fixed pursuant to section 4699 be even, one-half thereof shall be elected in the preceding year, and the remaining half in the year following the calendar year divisible by four. If such number be odd, one-half of the remainder after diminishing the number by one shall be elected in the year preceding, and the remaining number shall be elected in the year following the calendar divisible by four. All members to be elected from odd numbered subdistricts shall be elected at one and the same election, and all members from even numbered subdistricts shall be elected at the alternate election.

History:—70 v. 195; 77 v. 80; 82 v. 7; 84 v. 184; 91 v. 289; 92 v. 149; 97 v. 338; 103 v. 277.

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