Bunting v. Board of Canvassers and Registration of City of Cranston, 2767

• Decision Date: 27 July 1959
• Docket Number: No. 2767,2767
• Citation: 153 A.2d 560,90 R.I. 63
• Parties: Frank BUNTING et al. v. BOARD OF CANVASSERS AND REGISTRATION OF CITY OF CRANSTON. Eq.
• Court: Rhode Island Supreme Court

Page 560

153 A.2d 560

90 R.I. 63

Frank BUNTING et al. v. BOARD OF CANVASSERS AND REGISTRATION OF CITY OF CRANSTON.

Eq. No. 2767.

Supreme Court of Rhode Island.

July 27, 1959.

Pontarelli & Berberian, Aram K. Berberian, Providence, for petitioners.

Frank W. Golemba, City Solicitor, Pat Nero, Providence, for respondent.

PAOLINO, Justice.

This is a petition for a writ of mandamus to order the respondent to issue to the petitioners certificates of election as members of the fourth ward Democratic committee in the city of Cranston. Pursuant to said petition the superior court issued an alternative writ of mandamus ordering the respondent to issue such certificates or to show cause why it should not do so. The cause is before this court on the petitioners' appeal from the judgment of the superior court denying and dismissing the petition.

It appears from the petition and from certain exhibits which are in evidence that petitioners and nine other persons filed declarations of candidacy, under General Laws 1956, § 17-14-1, for election to the fourth ward Democratic committee in Cranston at the primary election to be held on September 17, 1958; that the nomination papers of said candidates were signed by a sufficient number of qualified electors and duly filed with the board; that in accordance with the provisions of § 17-12-11, the incumbent ward committee endorsed nine of said candidates; that the nine so endorsed received a plurality of all the votes cast at such primary election and were declared elected by the board in accordance with the provisions of § 17-15-29; and that certificates of election were issued to them by the board under § 17-15-30. The election laws were amended in 1958 causing the renumbering of certain sections referred to herein.

It also appears that on August 15, 1958, approximately one month before the primary, and on September 17, 1958, the day of the primary, petitioners demanded from the board certificates of election to the ward committee. The board refused such demands on the ground that petitioners were not entitled to the certificates. At the hearing in the superior court the chairman of the fourth ward Democratic committee was allowed to intervene as a party respondent. No oral testimony was presented by petitioners at such hearing. They rested on their sworn petition and on certain exhibits which were in evidence by agreement. At the close of petitioners' case the board moved that the petition be denied and dismissed. Although the board had filed an answer alleging in part that the limitation relative to the number of the membership of the various ward committees of the Democratic party in the city of Cranston was regulated by the bylaws of the Democratic city committee and by usage and custom, it offered no evidence to support such allegations.

On the basis of the record before it the superior court granted the board's motion on the ground that petitioners had not established sufficient evidence to warrant going forward with the case. The petitioners contend that such ruling is erroneous. They argue that there is no lawful limitation of any kind, either constitutional or statutory, limiting the membership of said ward committee to any specific number. They also argue that there is no evidence in the record of any party rule, regulation, bylaw, usage or custom limiting or restricting such membership to any particular number. They therefore contend that all qualified electors in the ward who file declarations of candidacy for election to said committee and who obtain the required number of valid signatures on the pertinent nomination papers are entitled to certificates of election regardless of whether or not their names appear on any ballot and regardless of the results of the primary election. We do not agree with petitioners' contention.

The narrow issue before us is whether, in the absence of constitutional or statutory provision, a city committee can lawfully fix the membership of a ward committee with respect to the number of persons who can be elected thereto by voters qualified to vote in the party's...