[House Bill No. 1329.]

AN ACT

To make appropriations for the support of the common schools of the state.

Be it enacted by the General Assembly of the State of Ohio: SECTION I. That there be, and is hereby appropriated, from any moneys raised or coming into the state treasury for the support of the common schools, for the fiscal year ending November 15, 1908, the sum of two million, four hundred and thirty-five thousand dollars ($2,435,000.00), to be distributed for that purpose at the rate of one dollar and ninety-five cents ($1.95), for each enumerated youth; and paid in the manner provided by section 3956 of the Revised Statutes.

Be it enacted by the General Assembly of the State of Ohio: SECTION 1. The words and phrases in this act shall, unless the same be inconsistent with the context, be construed as follows:

I. The word "primary," the primary election provided for in this act, to nominate candidates to be voted for at the ensuing general election.

2. The words "board of election," the board of deputy state supervisors of election, or board of deputy state supervisors and inspectors of elections, as the case may be.

3. The words "November election," the election held on the first Tuesday after the first Monday in November, in any year..

4. The words "general election," the November election in the years when state and county officers are to be elected.

5. The word "precinct," a district established by law within which all qualified electors vote at one polling place.

6. The word "district," any election district, circuit

or other subdivision of the state comprising more than one county or part of county within which an officer or officers are to be elected.

Nominations

for elective offices, etc.,

regulated.

SECTION 2. Candidates for members of congress, and all other public elective offices, delegates provided for herein, ⚫and members of the controlling committees of all voluntary political parties or associations, which at the next preceding general election polled in the state or any district, county or subdivision thereof, or municipality at least ten per centum of the entire vote cast therein shall be nominated or selected in such state, district, subdivision or municipality, in accordance with the provisions of this act, and persons not so nominated shall not be considered candidates and their names shall not be printed on the official ballots. Delegates, and party controlling committees whose mem- Party conbers have not been so selected, shall not be recognized by mittees. any board or officer. But nothing in this act shall be construed to repeal the provisions of any act relating to the nomination of candidates for office by nomination papers, Nomination and no elector shall be disqualified from signing a petition papers. for such nomination of candidates for office by nomination papers, because such elector voted at a primary provided for herein to nominate candidates to be voted for at the same election or because such elector signed nomination papers for such primary.

SECTION 3. The provisions of this act shall not be construed to extend to delegates selected under and in pursuance of the call of the national committee of any political party.

SECTION 4. Candidates for state offices and district of fices, where the district contains more than one county, shall be nominated by delegate conventions, the delegates to which have been chosen at the primary elections herein provided for, or at county conventions composed of delegates chosen at primaries as herein provided, as may be determined by the state or district committee respectively of the party, by a majority vote thereof, and certified by it to the proper county central committees at least forty days prior to the time fixed for holding such primaries.

trolling

com

State and

district of

fices.

tion, how determined.

SECTION 5. State and district committees respectively Representashall by resolution, determine the representation in all conventions held to nominate candidates for office, and shall apportion the delegates throughout the state or district in proportion to the party vote for governor cast in the several counties, at the last preceding general election. Delegates to a state convention shall be apportioned to each State delecounty on the basis of one delegate for each 500 such votes and fraction of 250 or more so cast. Not less than forty days before the day fixed for holding the primary, such state or district committee shall transmit a copy of its resolution of apportionment to the central committee of the proper party and to the board of elections of each county in the state or district, as the case may be.

gates, apportionment of.

County convention.

Election

dis

SECTION 6. When delegates are to be selected by a county convention, it shall be the duty of the county central committee, at least thirty days before the primary, by resolution passed by a majority vote, to fix and apportion the representation thereto throughout the county. And the said county committee shall provide that delegates to county conventions shall be apportioned to and elected by election districts in such county; and in case delegates to state or district conventions are to be chosen by direct vote, that they be apportioned to such election districts and elected in the same manner. All such election districts shall consist trict, defined. of a precinct, township or ward, if such precinct, township or ward has a sufficient number of votes to entitle it to a representative. If, however, the political party represented by such committee did not poll a sufficient number of votes in any precinct, township or ward at the next preceding general election to entitle it to one or more delegates under such apportionment, then such committee shall annex such precinct, township or ward to such adjacent precincts, townAnnexation to ships or wards the combined votes of which when so annexed under the basis of representation fixed by such committee will entitle the district so formed to elect one or more delegates to such convention. If after apportioning the delegates to all the election districts as herein provided, the full number to which a county is entitled is not provided for, the remaining number shall be required by the committee to be elected at large by the proper electors of the county. Delegates to county conventions shall meet in convention at such time and place, but not later than twenty days after the primary election, as the county committee, at the time of fixing the apportionment of delegates thereto shall designate.

adjacent precincts.

Elected at large, when.

County central committee to act, when.

Direct vote.

SECTION 7. When a state or district committee does not require that all delegates to a state or district convention shall be elected by direct vote, it shall be lawful for such committee to provide that the county central committee shall determine the method of choosing the delegates from such county, either by direct vote at the primary or at county conventions composed of delegates elected at the primary. Such determination shall be by resolution adopted by majority vote, not less than thirty days before the next primary.

SECTION 8. All members of county controlling committees shall be elected, and all candidates for offices to be elected in a county or sub-division thereof, or a municipal corporation, shall be nominated by direct vote, except as otherwise provided herein for judicial and legislative offices. Their names shall be placed upon the official ballot as provided in section 16 hereof. The candidate or candidates as the case may be, receiving the greatest number of votes shall be the nominee or nominees, whose names shall be printed on the official ballot at the succeeding election; and the person receiving the highest number of votes for com

mitteeman shall be the member of such controlling committee.

committees,

SECTION 9. The controlling committees of all such Controlling voluntary political parties or organizations shall be a state designated. central committee, consisting of one member from each congressional district in the state, to be chosen by the delegates to the state convention from the counties composing such congressional district; a district committee for each district, consisting of two members from each county or part of county in such district, to be chosen by the delegates to the district convention from such county; a county central committee, consisting of one member from each ward and township or of one member from each precinct in the county, as the outgoing committee may determine, to be chosen by direct vote at the primary held in the even Even numnumbered years, and the members chosen from a city shall bered years. constitute a city committee; provided that existing state, district, county and and city committees shall continue to act and be recognized as such, until their successors are chosen hereunder. And where a judicial sub-division or district or congressional district is included within a county, the members of the county central committee who are residents of such district shall also act as the judicial or congressional committee. Within fifteen days after their selection all such committees shall meet and organize by the election of a chairman and secretary, and may select an executive committee.

Time for organization.

vice.

SECTION IO. All party controlling committees, the selection of which is herein provided for, shall serve for two Term of seryears and until their successors are selected. In case of vacancies caused by death, resignation or removal from the territory from which a committeeman was chosen, the committee of which he was a member shall fill the vacancy by majority vote.

SECTION II. Primaries under the act to nominate candidates for county offices or to select delegates to nominate candidates for state or district offices, shall be held in each county at the usual polling places on the third Tuesday of May of even numbered years, and primaries held to nominate candidates for township and municipal offices and members of the school board shall be held in each county at the usual polling places on the first Tuesday after the first Monday in September of odd numbered years.

Vacancy, how filled.

Primaries for

county off

cers, when

held.

Primaries for municipal officers, when

township and

held.

Direct vote

in certain

SECTION 12. In counties wherein four or more members of the general assembly are to be elected, and in coun- counties. ties comprising a judicial sub-division or district wherein a common pleas judge or judges are to be elected, candidates for such offices shall be nominated by direct vote, unless the county controlling committee shall, by a majority vote, at least forty days before the day fixed herein for a primary, direct that candidates for any such offices be nominated by delegate convention the delegates to which shall be elected at the primary, in which case they shall be so nominated.

For congressional candidates, direct vote, where.

Election boards, duties of.

Election of

United States

Senator, ef

mary.

SECTION 13. Candidates for congress, where a single county or part of a county composes the congressional district, shall be nominated by direct vote as provided herein. SECTION 14. At all such elections the polls shall be open between the hours of 5:30 A. M. and 5:30 P. M. Election boards shall, with respect to primary elections, have all the powers granted and perform all the duties imposed by the laws governing general elections, including furnishing materials and supplies, printing and distributing ballots, providing voting places, protecting electors, guarding the secrecy of the ballot, and making rules and regulations not inconsistent with law, for the guidance of election officers; and all statutory provisions relating to general elections, including the requirement that part of such election day shall be a legal holiday, shall, so far as applicable, apply to and govern primary elections.

SECTION 15. At primary elections, where candidates may be chosen to a general assembly whose duty it shall fect upon pri- be to elect a United States senator, the names of candidates for such office may be placed upon the official ballots, through petitions signed by one-half of one per cent. of the electors in the state of the party of which said candidate for senator is a member, as shown by the last general election. Such petition shall be filed at least forty days before such primary with the secretary of state, who shall thereupon certify such names to the board of elections of the several counties. Such boards of election shall canvass the votes and certify the result to the secretary of state, who shall certify said result to the general assembly.

Nomination papers.

Form of nomination pa

pers.

SECTION 16. Nominations for places on the primary ballot shall be by nomination papers which shall be filed with the board of elections at least twenty days before the day for holding the primary election. Such nomination papers shall be signed by two per cent. of the party voters in the county, municipality, precinct, ward, or other political sub-division for which such nomination is to be made. The basis of percentage in each case shall be the vote of the party for the head of the ticket at the last preceding November election for the same office in such territory.

SECTION 17. The name of no candidate for office or for committeeman or delegate shall be printed upon an official ballot used at any primary unless at least twenty days prior to such primary nomination papers shall have been filed with the board of elections in his behalf in substantially the following form:

We, the undersigned, qualified electors of (the... precinct of, the township of

.) or (the

.), county

members of the

Street of

.) or (in the

), in the county of...