Mairs v. Peters
Decision Date | 25 May 1951 |
Citation | 52 So.2d 793 |
Parties | MAIRS v. PETERS et al. |
Court | Florida Supreme Court |
Robert L. Achor, Miami, and J. Kentner Elliott, Chicago, Ill., for appellant.
Richard W. Ervin, Atty. Gen., Howard S. Bailey and Mallory H. Horton, Assts. Atty. Gen., for appellees.
This appeal is from a decree disclosing that:
'Plaintiff on or about January 23, 1950, as a duly registered elector of the Republican Party in Dade County, Florida, sought to qualify in the 1950 primary as a candidate of that party for nomination for the office of school board member for District 3 in said County, and complied with all requirements of law with respect thereto except the execution and filing of the candidate's oath required by Section 102.29 [F.S.A.]. Plaintiff voted for candidates of both the Republican and Democratic parties in 1948 and announces her intention to vote for candidates of both such parties at the 1950 general election; hence, plaintiff alleges that she was unable to execute said oath because of the following required parts thereof: '* * * that he did not vote for any nominee of any other party, national, state or county, at the last general election; * * * and that he pledges himself to vote for all nominees of such party--national, state or county, whose names shall appear upon the ballot at the next succeeding general election;'
The lower court was of the opinion that:
'The right of suffrage is not one of the necessary privileges of a citizen of the United States; such right of suffrage, with exceptions not of moment here, deriving from the State (Minor v. Happersett, 21 Wall. 162, 22 L.Ed. 627; U. S. v. Cruikshank, 92 U.S. 542, 23 L.Ed. 588; Pope v. Williams, 193 U.S. 621, 24 S.Ct. 573, 48 L.Ed. 817).
We are urged to hold the legislative act unconstitutional in that it is violative of the United States Constitution and the federal statute. To reach such a conclusion we must be convinced beyond a reasonable doubt that the act contravenes the superior law. This act and similar ones have been a part of our election laws for many years and have generally been accepted and held to be a reasonable party regulation. Kelso v. Cook, 184 Ind. 173, 110 N.E. 987; State ex rel. Webber v. Felton, 77 Ohio St. 554, 84 N.E. 85; State ex rel. Landis v. Carson, 114 Fla. 451, 154 So. 150; State ex rel. Chamberlin v. Tyler, 100 Fla. 1112, 130 So. 721; 29 C.J.S., Elections, § 111, pages 146-149; 18 Am.Jur., page 286, Section 147. The statute, no doubt, does preclude plaintiff from complete freedom to exercise her personal desire to participate in political elections. However, that is not the test for in fact all laws impair to some degree the citizen's liberty....
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