State ex rel. Hildebrandt v. Stewart

Citations

• 71 Ohio St. (N.S.) 55

Syllabus

<p>Conduct of elections — Procedure in nominations — Section 2966-28, Revised Statutes — Duties of election boards — Chief deputy of state supervisors — Once called together, having acted and adjourned — Their functions at an end — Section 2966-22,- Revised Statutes — Limitation of power to file certificate of nomination.</p> <p>1. Section 2966-23, Revised Statutes, requires that objections or other questions arising in the course of nominations for candidates for district offices “shall be considered by the chief deputy state supervisors and clerks of said election boards of the several counties comprising the district;” but such chief deputies are not thereby constituted a board with continuing functions, nor a board in any sense. Randall v. State, 64 Ohio St., 57, approved and followed.</p> <p>2. When such chief deputy state supervisors and clerks have been called together to consider objections to and controversies concerning rival nominations, and they have considered the same and rendered their decision thereon and adjourned sine die, their functions as to such objections and controversies are at an end, and such decision is final in the sense that it is so far conclusive as to those objections and controversies that the same cannot be again considered by the said chief deputy state supervisors and clerks nor by those succeeding them in office.</p> <p>3. The requirement of - section 2966-22, Revised Statutes, which provides that certificates of nomination and nomination papers of candidates for offices to be filled by the electors of á district, etc., shall be filed' with the chief deputy state supervisor of the county in the district,- etc., containing the greatest number of inhabitants, as ascertained by the last federal census, not less than twenty-five days previous to the day of election, is a limitation- upcm the.power to so file, and is not intended to require that objections and other questions arising in the course of nominations of candidates shall b