Johnson v. State Ballot Law Commission
Johnson v. State Ballot Law Commission
Opinion of the Court
This is an appeal from a final decree affirming a decision of the State Ballot Law Commission (commission) that the name of the plaintiff not appear as a candidate for nomination for the office of representative in Congress on the ballot to be used at the primary to be held on Tuesday, September 19, 1972 (primary).
The case was heard and decided in the Superior Court on a statement of agreed facts which we summarize in pertinent part. On July 11,1972,
General Laws c. 53, § 48, as amended, provides that “[t]here shall not be printed on the ballot at a state primary the name of any person as a candidate for nomination for . . . representative in congress, . . . unless a certificate from the registrars of voters of the city or town wherein such person is a registered voter that he is enrolled as a member of the political party whose nomination he seeks is filed with the state secretary on or before the last day herein provided for filing nomination papers.” This statute required the plaintiff to file a certificate of his enrollment as a member of the Republican party with the Secretary on or before July 11, 1972.
The parties agree that the plaintiff made the following filings with the office of the Secretary. In July, 1969, he filed a certificate of his enrollment as a member of the Republican party in connection with his candidacy in a special election for the office of representative to the General Court. In June, 1970, he filed a similar certificate in connection with his candidacy for the same office. On January 24, 1972, he filed a nomination paper listing his name as one of a number of candidates for election as members of the Republican party ward committee for ward 12 in Boston, and on the paper there appeared a certificate of the election commissioners of Boston that he and certain other persons listed were “enrolled in the Republican Party.” The plaintiff contends that these three filings, either separately or in combination, satisfy the requirements of § 48 that he file a certificate of enrollment as a member of the Republican party for the purpose of the forthcoming primary of September 19, 1972. This contention is without merit.
The statutory requirement of such a certificate was obviously intended to provide “some assurance that a candidate belongs to the party whose primary he wishes to enter.” Rep. A. G., Pub. Doc. No. 12, 1965, pp. 40, 41. Certainly the statute intended that the assurance relate to the situation reasonably contemporaneous with the
We hold that the plaintiff cannot rely on any of the certificates of enrollment or nomination papers filed by him in the years 1969 and 1970, and on January 24, 1972, as constituting the certificate of party enrollment which he was required to file for his intended candidacy in the forthcoming primary of September 19, 1972. Rep. A. G., Pub. Doc. No. 12, 1955, p. 50. Those earlier filings did not survive the primaries for which they were made. The Secretary, when deciding whether the name of a person should be placed on a ballot for a primary, is not required to search for, take notice of, or give any effect to any certificates of party enrollment or nomination papers filed by that person in prior primaries. In any event, G. L. c. 53, § 16, requires him to preserve such records for only one year.
The judge correctly held that the decision of the commission should be affirmed. However, having affirmed the decision, the decree should not have included the further provision dismissing the bill. The latter provision is struck out. The decree, as thus modified by limiting it to the affirming of the commission’s decision, is affirmed.
So ordered.
The stipulation of facts signed by the parties and several pleadings give this date as “July 12, 1972,” but this would seem to be an error. By G. L. c. 53, § 48, as amended through St. 1971, c. 920, § 7, the nomination papers were required to be filed “on or before the tenth Tuesday preceding the day of the primaries.” The tenth Tuesday before September 19, 1972, was July 11, 1972. There is no claim that the nomination papers were not seasonably filed.
Reference
- Full Case Name
- George A. Johnson v. State Ballot Law Commission
- Status
- Published