Todd v. Board of Election Com'rs

• Decision Date: 25 March 1895
• Parties: TODD v. BOARD OF ELECTION COM'RS OF KALAMAZOO, CALHOUN, BRANCH, EATON, AND HILLSDALE COUNTIES.
• Court: Michigan Supreme Court

62 N.W. 564

104 Mich. 474

TODD v. BOARD OF ELECTION COM'RS OF KALAMAZOO, CALHOUN, BRANCH, EATON, AND HILLSDALE COUNTIES.

Supreme Court of Michigan

March 25, 1895

Application upon the relation of Albert M. Todd against the board of election commissioners of Kalamazoo and other counties for writ of mandamus to compel defendants to place his name upon the election tickets of three different parties as candidate for representative in congress. Writ allowed.

Myron H. Walker (E. M. Irish and Howard & Roos, of counsel), for relator.

Fred A Maynard, Atty. Gen. (Moses Taggart, of counsel), for respondents.

LONG J.

The relator was nominated on February 28, 1895, as a candidate for representative in congress by the Prohibition party for the Third congressional district of Michigan, and on March 7th he was nominated for the same office by the Free Silver party. On February 27th the People's party nominated one Robert McDougall for the same office. On March 8th Robert McDougall withdrew as a candidate upon the People's party ticket, and the relator was substituted in his stead by the congressional committee of the People's party, such committee certifying that they were authorized by the convention to fill any vacancy upon such ticket. Certificates were filed with the election commissioners, March 7th, 8th and 9th. The relator claims that he has the right, under Act No. 190 of the Public Acts of 1891 to have his name printed upon each of these three tickets. On March 14, 1895, an amendatory act was passed by the legislature to the election law, and given immediate effect, and respondents claim that under the terms of this amendatory act the relator is not entitled to have his name appear upon the official ballot more than once. This amendatory act provides that "it shall be unlawful for the said board of election commissioners to cause to be printed in more than one column on the ballot the name of any candidate who shall have received the nomination by two or more parties or political organizations for the same office." The act contains further provisions, relating to the manner in which a choice is to be made by the candidate as to the place which his name shall have on the ballot as follows: "Any person so receiving the nomination for the same office by two or more parties or political organizations shall, within five days after his name has been certified to said election commission as having been nominated by two or more political parties for the same office, give notice to the board of election commissioners of each county in the state, if said nomination be for a state office, and to the board of election commissioners of each county in the district, if said nomination be for a congressional, judicial or legislative office and to the board of election commissioners of the county, if such nomination be for a county office specifying in such notice the column of which party or political organization on the ballot he wishes his name to be printed, and said board of election commissioners shall print the name of such candidate in such column on the ballot so specified by him, and in no other column. Such notice shall be given to said election commissioners by delivering the same either in person or by depositing the same in the post-office, in a sealed envelope, with postage prepaid, directed to the chairman of such board of election commissioners at the county seats of the respective counties provided further, that in case any such candidate so nominated by two or more parties or political organizations for the same office, and whose names shall have been certified by the chairman and secretary of the committees of such parties or political organizations to said board of election commissioners, within the time and as above provided shall refuse or neglect to give notice to said board of election commissioners as above provided, and within the time above named, specifying in which column on the ballot he wishes his name to be printed, then in such case said board of election commissioners shall cause his name to be printed in the column of the party or political organization, from the chairman and secretary of whose committee said board of election commissioners shall have first received notice of such person's nomination for said office, and said board of election commissioners shall not cause the name of such person to be printed on the ballot as a candidate for the same office in any other column." The relator contends: (1) That this amended law is wholly unconstitutional, for the reason that it discriminates between political parties, and imposes a political test as a condition to one becoming a candidate for office. (2) That if the statute be upheld as constitutional...