STATE OF FLORIDA, EX REL. FRED WAITE, ED. O. BROWN, FREDERICK VANROY, MAURICE LEE, HOWARD HAMP, O. A. CLARK, BERTHA BOOMER, MRS. W. L. FOSTER, FRED KELLOGG, AND C. P. CORRIGAN, RELATORS,
v.
R. A. GRAY, AS SECRETARY OF THE STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court denied a petition for mandamus, refusing to compel the Secretary of State to certify the names of "Liberty Party" nominees for the general election ballot. The court relied on a prior ruling concerning the statutory requirements for ballot inclusion.
No, the petition for mandamus is denied. The court found that the statutory requirements for certifying nominees to the ballot, as previously interpreted in a related case, were not met.
“This is a petition for mandamus against the Secretary of State to require that officer to certify to the Boards of County Commissioners of the several counties of Florida the names of nominees of the> “Liberty Party” to be printed upon the general election ballots for the General Election to be held November 8, 1932.”
Describes the nature of the petition and the relief sought by the relators.
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Join FLexlaw to unlock all legal intelligenceRelators, representing the "Liberty Party," petitioned the Florida Supreme Court for a writ of mandamus. They sought to compel the Secretary of State …
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This is a petition for mandamus against the Secretary of State to require that officer to certify to the Boards of County Commissioners of the several counties of Florida the names of nominees of the> “Liberty Party” to be printed upon the general election ballots for the General Election to be held November 8, 1932.
The present status of the statute law on the subject of printing) names upon the general election ballots was exhaustively reviewed and discussed in an opinion of this Court in the case of State ex rel. Barnett v. Gray, Secretary of State, filed October 18, 1932 (107 Fla. 73, 144 So. 349). Upon the authority of that opinion the issuance of an alternative writ in this case must also be denied.
Alternative writ of mandamus denied.
Bueord, C.J., and Whitfield, Terrell, Brown and Davis, J.J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ex Parte: N. Vernon Hawthorne. Ex Parte: Dan J. Mahoney, 116 Fla. 608 (Fla. 1934)…their1 nomination in a primary election. State v. Gerow, 79 Fla. 804, 85 Sou. Rep. 144; State, ex rel. Harris v. Belote, 106 Fla. 938, 143 Sou. Rep. 881; State, ex rel. Barnett v. Gray, 107 Fla. 73, 144 Sou. Rep. 349;, State, ex rel. Waite v. Gray, 107 Fla. 109, 144 Sou. Rep. 356. [*617] So a primary election held under the primary election laws of this State may properly be said to be an “election” within the purview of Section 26 of Article III of the Constitution requiring statutes to be enacted to pres…
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State v. Gray, 125 Fla. 1 (Fla. 1936)…ots, by procuring their nomination in a primary election. State v. Gerow, 79 Fla. 804, 85 So. 144; State, ex rel. Harris, v. Belote, 106 Fla. 938, 143 So. 881; State, ex rel. Barnett, v. Gray, 107 Fla. 73, 144 So. 349; State, ex rel. Waite, v. Gray, 107 Fla. 109, 144 So. 356. “So a primary election held under the primary election laws of this State may properly be said to be an ‘election’ within the purview of Section 26 of Article III of the Constitution requiring statutes to be enacted to preserve electi…
Authorities Cited
- State v. Gray, 107 Fla. 73 (Fla. 1932)