Sec. 4942. Compensation of Deputy State Supervisors and Clerks in Cities. In addition to the compensation provided in section fortyeight hundred and twenty-two, each deputy state supervisor of elections in counties containing cities in which registration is required shall receive for his services the sum of five dollars for each election precinct in such city, and the clerk in such counties, in addition to his compensation so provided, shall receive for his services the sum of six dollars for each election precinct in such cities. The compensation so allowed such officers during any year shall be determined by the number of precincts in such city at the November election of the next preceding year. The compensation paid to each such deputy state supervisor under this section shall in no case be less than one hundred dollars each year and the compensation paid to the clerk under this section shall in no case be less than one hundred twenty-five dollars each year. The additional compensation provided by this section shall be paid monthly from the city treasury on warrants drawn by the city auditor upon vouchers signed by the chief deputy and clerk of the board.

History:-83 v. 225; 84 v. 123; 86 v. 286; 88 v. 179; 92 v. 431; 93 v. 620; 94 v. 668; 97 v. 212; 99 v. 512.

Sec. 4943. Maximum Compensation of Deputy State Supervisors and Clerks. In such counties containing registration cities, the whole amount of annual compensation paid to each deputy state supervisor and clerk under the preceding section and under section forty-eight hundred and twenty-two, shall not exceed in any year the following:

In counties containing cities having a population of three hundred thousand or more, as ascertained in the manner hereinbefore provided, each deputy state supervisor, eighteen hundred dollars and the clerk twenty-five hundred dollars. In counties containing cities having a population of seventy-five thousand and less than three hundred thousand, each deputy state supervisor, fifteen hundred dollars and the clerk, two thousand dollars.

In counties containing cities having a population of fifty thousand and less than seventy-five thousand, each deputy state supervisor, twelve hundred dollars and the clerk fifteen hundred dollars.

In counties containing cities having a population of twenty-five thousand and less than fifty thousand, each deputy state supervisor, eleven hundred dollars, and the clerk fourteen hundred dollars.

In all other counties containing such registration cities, each deputy state supervisor, three hundred dollars, and the clerk four hundred dollars.

History:-83 v. 225; 84 v. 123; 86 v. 286; 88 v. 179; 92 v. 431; 93 v. 620; 94 v. 668; 97 v. 212; 99 v. 512; 107 v. 684.

The provisions of section 20 of article II of the constitution do not apply to members of the board of deputy state supervisors of elections, and they can draw the increased compensation as provided for in section 4943, G. C. (107 O. L. 684), even though they were holding office at the time said amendment became effective, for the reason that they do not draw a salary as therein contemplated, but merely compensation. Op. Atty. Gen. (1918), p. 1565.

Sec. 4944. Compensation of Judges and Clerks and Registrars. The registrars of each election precinct in such cities shall be allowed

and paid for their services as registrars four dollars per day and no more for not more than six days at any one election. In registration cities having a population of three hundred thousand or more by the last preceding federal census, the judges of election, including the registrars as judges and clerks of election, shall each be allowed and paid ten dollars for each general election and five dollars for each special election, at which they serve and no more, either from the city or county. In all other registration cities, the judges of election, including the registrars as judges and clerks of election, shall each be allowed and paid eight dollars for each general election and five dollars for each special election at which they serve and no more, either from the city or county. No registrar, judge or clerk shall be entitled to the compensation so fixed except upon the allowance and order of the board of deputy state supervisors made at a joint session, certifying that each has fully performed his duty according to law as such, and stating the number of days' service actually performed by each. Such allowance and order shall be certified by the chief deputy and clerk of the board to the city or county auditor.

History:-83 v. 225; 84 v. 123; 86 v. 286; 88 v. 179; 92 v. 431; 93 v. 620; 94 v. 668; 97 v. 212; 99 v. 512; 101 v. 344; 107 v. 691.

Registrars of electors in registration cities are entitled to compensation for one day for applying to the deputy state supervisors of elections for lists, registers and maps and making and delivering the alphabetical lists of registered clectors where such compensation is allowed, and ordered by the deputy state supervisors of elections according to the provisions of section 4944, G. C., and the total number of days for which compensation is so allowed does not exceed six. Op. Atty. Gen. (1916), p. 1692.

The expression "general election" in G. C. § 4944, which provides for the compensation of judges of election and clerks of election, means the election which is held on the first Tuesday after the first Monday in November, in accordance with the provisions of Art. XVII, § 1, of the constitution of Ohio; and it does not include an election ordered at another time by a constitutional convention under the provisions of G. C. § 32-4. Such election is a special election, and the election officials must be paid at the rate provided for special elections, although the work at such election may be equal to the work at the ordinary general election. While the compensation in such case may not be sufficient, the question is one for the legislature and not for the court: Yeatman v. State ex rel., 28 O. C. A. 10, 29 O. C. D. 420.

Sec. 4945. Expenses Other Than Registration Must be Paid by County. For November elections held in even-numbered years, the county in which such city is located shall pay the general expenses of such election other than the expenses of registration. Such allowance and order of the board for such expenses and compensation to such judges and clerks of election shall be certified by the chief deputy and clerk to the auditor of such county, who shall issue his warrants upon the county treasury for the amounts so certified.

History:-83 v. 225; 84 v. 123; 86 v. 286; 88 v. 179; 92 v. 431; 93 v. 620; 94 v. 668; 97 v. 212; 99 v. 512.

Sec. 4946. Registration Expenses; How Paid. The additional compensation of members of the board of deputy state supervisors and of its clerk in such city hereinbefore specified, the lawful compensation of all registrars of electors in such city, the necessary cost of the registers, books, blanks, forms, stationery and supplies provided

by the board for the purposes herein authorized, including poll books for special elections, and the cost of the rent, furnishing and supplies for rooms hired by the board for its offices and as places for registration of electors and the holding of elections in such city shall be paid by such city from its general fund. Such expense shall be paid by the treasurer of such city upon vouchers of the board, certified by its chief deputy and clerk and the warrant of the city auditor. Each such voucher shall specify the actual services rendered, the items of supplies furnished and the price of rates charged in detail.

History:-82 v. 232, 233; 83 v. 225; 84 v. 123; 86 v. 286; 88 v. 179; 92 v. 431; 93 v. 620; 94 v. 668; 97 v. 212; 99 v. 512; 103 v. 545.

A county is not liable for the cost of election booths constructed for use within a municipality located in that county: Conrad v. Davies, 14 O. C. C. (N. S.) 475.

That the election expenses are to be paid out of the general revenue fund of the city, see Columbus v. Jeffrey, 2 O. N. P. (N. S.) 85, 14 O. D. (N. P.) 609.

In cities which had a population of eleven thousand eight hundred and less than one hundred thousand, as announced by the secretary of state in his official proclamation of January 21, 1921, a general registration of all the electors in such cities shall only be had quadrennially at each and every presidential election, and the first general registration in such cities following the official announcement of the federal census of 1920, would take place in such cities in the presidential year 1924.

The members and the clerks of the boards of deputy state supervisors of elections and the boards of deputy state supervisors and inspectors of elections, as the case may be, cannot draw the additional compensation provided in section 4942, G. C., until the presidential year of 1924 following the official announcement of the federal census by the secretary of state on January 21,

1921.

The cities of the state which had a population of eleven thousand eight hundred and less than one hundred thousand, as announced in the proclamation of the secretary of state of January 21, 1921, do not begin paying their share of the registration expenses provided under section 4946, G. C., until the presidential year of 1924. Op. Atty. Gen. (1921), p. 474.

The provisions of section 4946, G. C., as to the election expenses mentioned therein applying only to cities in which registration actually is required and the cities of the state which had a population of eleven thousand eight hundred and less than one hundred thousand, as announced in the proclamation of the secretary of state on January 21, 1921, do not begin paying their share of the election expenses provided under section 4946, G. C., until the presidential year of 1924. Op. Atty. Gen. (1922), p. 983.

Sec. 4947. Council of Other Cities and Villages May Provide for Registration. The council of any city or village in which registration is not now required by law may provide for a general registration of electors in the several wards or precincts thereof in the manner and at all times and on the days provided by law for registration in cities which have quadrennial registration. When the council so provides, no person shall have acquired a legal residence in any ward or election precinct in such city or village for the purpose of voting therein at any general or special election, nor shall he be permitted to vote at any election therein unless he shall have caused himself to be registered as an elector in such ward or precinct in the manner and at the time required by law in cities which have quadrennial registration.

History:-98 v. 270.

The compensation of judges and clerks in cities which have provided for registration is governed by section 4944, the latter not being made applicable to villages. Atty. Gen. 11-18-08.

In cities having population in excess of 11,800, the council has no authority relating to registration. Atty. Gen. 8-4-09.

Under the provisions of section 4947, G. C., the council of any city or vil lage having a population of less than eleven thousand eight hundred may provide for a general registration of the electors in such municipality, but such general registration brought about by action of the council of a municipality can take place only in the presidential years and in the manner and at the time required by law in those cities which have quadrennial registration. Op. Atty. Gen. (1921), p. 475.

CHAPTER 6.

PRIMARY ELECTIONS.