State ex rel. Gulden v. Johnson
| Decision Date | 10 September 1902 |
| Docket Number | 13,172 |
| Citation | 91 N.W. 604,87 Minn. 221 |
| Parties | STATE ex rel. JOHN L. GULDEN v. ROBERT L. JOHNSON |
| Court | Minnesota Supreme Court |
Petition on Rehearing Filed October 17, 1902
Application to the supreme court, in behalf of John L. Gulden, for writ of mandamus requiring Robert L. Johnson, as county auditor of Mower county, in making up and printing the official ballots to be used in that county at the primary election to leave certain blank spaces thereon, or show cause why such changes should not be made. Application denied.
Primary Election -- Ballot.
In making up the ballots for primary election, blank spaces or lines need not be left after the name of the last candidate for each office, and under the title of each office for which candidates are to be selected, wherein an elector of a party can write the name of the candidate of his choice.
Blank Spaces on Ballot.
The primary election law, in so far as it does not require blank spaces to be left in the primary ballots for electors to write the names of their candidates, is constitutional.
Arthur W. Wright, for applicant.
W. B Douglas, Attorney General, and R. E. Shepherd, County Attorney, for respondent.
The application having been submitted after oral argument, the following decision was filed September 10, 1902:
Upon the affidavit of the relator, alleging that certain errors have been committed by the respondent in making up the official ballots for the primary elections to be held in the county of Mower on September 16, 1902, an order was made by a justice of this court, requiring the respondent to correct such alleged errors, or show cause before the court why he should not do so. The respondent appeared on the return day of the order, and asked that he be discharged, for the reason that the ballots were made up as required by the primary election law.
This presents the question whether, in making up the official ballots for primary elections, blank spaces or lines must be left after the name of the last candidate for each office and under the title of each office for which candidates are to be selected, wherein each elector of a party may write the names of the candidates of his choice. No such spaces were left in any of the ballots here in question. Such being the case, are the proposed ballots in accordance with the requirements of the primary election law? The necessity for a...
To continue reading
Request your trial