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· 3/2/1915

In re Contest of the Special Election

Citations

  • 91 Ohio St. (N.S.) 308

Syllabus

<p>Elections — Opening and closing polls — Statutory provisions directory — Keeping polls open after statutory hours — Does not invalidate election, when.</p> <p>1. The provision of the statute fixing the time for opening and closing the polls at an election is directory and not mandatory. (Fry v. Booth, 19 Ohio St., 25, approved and followed.)</p> <p>2. An election will not be invalidated by reason of the fact that the election officers, instead of closing the polls at 5 :30 p. m. as directed by statute, kept the same open until 6:00 o’clock p. m., where there was no fraud or collusion and where there were not illegal votes cast after the time fixed by statute for closing sufficient to change the result of the election.</p>

Judges: Donahue, Johnson, Jones, Matthias, Newman, Nichols, Wanamaker

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