Prentiss v. Dittmer

Citations

• 93 Ohio St. (N.S.) 314

Syllabus

<p>Elections — Offer by candidate to accept reduced salary — Against public policy, an offense and invalidates election — Section 5175-26, General Code (102 O. L., 327) — Corrupt practices act —Contest of election — Unnecessary to prove voters influenced, when — Constitutionality of salary act cannot be challenged, how — Prior conviction not condition precedent, when.</p> <p>1. An offer by a candidate for common pleas judge, made for the purpose of effecting his election to office, that in the event of his election he will accept for his judicial services only the stipulated salary payable by the state, and that he will accept nothing that may be due and payable to him from the local or county treasury, is against public policy and an offense within the purview of Section 5175-26, General Code, which, if proven, invalidates his election.</p> <p>2. By virtue of that section, such'an offense may be set forth as a ground of contest within the terms of Section 5138, General Code, and it is not necessary to prove, in such election contest based on that sole ground, that a sufficient number of voters were so influenced by such offer as to change the election result.</p> <p>3. In a case where the law provides for the payment of the judicial salary, in part from the state treasury and in part from the local treasury, the candidate cannot, in an election contest based on the infringement of the above section of the corrupt practices act, raise the question of the constitutionality of the salary act, concerning which such illegal offers were made.</p> <p>4. Elections and election contests are controlled by specific sections of the Ohio constitution. The grant of legislative power for their control is absolute, and under such provisions the legislature had full power to and did impose conditions under which elections might be invalidated; and where the proceeding is one involving a contested election, a prior conviction of the offenses named in Section 5175-26, General Code, i