STATE, EX REL. ROBERT J. BOONE,
v.
R. A. GRAY, SECRETARY OF STATE

Fla. | 1936-08-01
Whitfield, C. J., and Terrell, Brown and Buford, J. J., concur.
125 Fla. 104 Florida Supreme Court (1936)
Also reported at: 169 So. 611

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Supreme Court denied a petition for a writ of mandamus, holding that the Secretary of State had no legal duty to recall a statement that the relator's campaign expense statement was not timely filed and to notify county commissioners of the relator's qualification for the ballot.


Holding

No, the Secretary of State has no legal duty to perform the acts requested by the relator. The court denied the petition for a writ of mandamus.


Key Quotes

“The relator's "petition for Alternative Writ of Mandamus requiring the Respondent to recall from the Board of County Commissioners from the several Counties, the statement that Relator's campaign expense statement was not received and filed within the period required by statute and that said Secretary of State, the Respondent herein, should be required to immediately notify all County Commissioners of the several counties that your Relator was properly qualified and his name should be printed upon the official ballot of the primary election for August 11, 1936" is denied.”

This quote states the court's decision to deny the relator's petition for a writ of mandamus.

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Facts & Procedural History

The relator sought a writ of mandamus to compel the Secretary of State to recall a statement indicating his campaign expense statement was not filed o…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court
Per Curiam.

Per Curiam.

— The relator’s “petition for Alternative Writ of Mandamus requiring the Respondent to recall from the Board of County Commissioners from the several Counties, the statement that Relator’s campaign expense statement was not received and filed within the period required by statute and that said Secretary of State, the *105Respondent herein, should be required to immediately notify all County Commissioners of the several counties that your Relator was properly qualified and his name should be printed upon the official ballot of the primary election for August 11, 1936” is denied. There is no showing of a legal duty of the respondent Secretary of State to perform the acts stated in the prayer of the petition for an alternative writ of mandamus.

Petition denied.

Whitfield, C. J., and Terrell, Brown and Buford, J. J., concur.


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