State ex rel. Travers v. Holt
State ex rel. Travers v. Holt
Opinion of the Court
This is an original proceeding in prohibition wherein relator, the Board of Election Commissioners, seeks to prohibit the circuit court from issuing its order dated August 18, 1978. The circuit court ordered that: (1) relator permit an inspection not to exceed three working days of the voting machine counters, the tally sheets, the voter registration cards, and the voter identification certificates of the primary election of August 8, 1978, for the First Congressional District of Missouri by three teams of two members each, to be designated by relator, one member to be from the Republican Party and one member to be from the Democratic Party, all of whom shall be non-residents of the First Congressional District, said members to serve as Deputy Election Commissioners to carry out the inspection and to be compensated by respondents herein (plaintiffs below) at the rate of pay designated by statute; (2) relator also permit Gerald Peckinuk, Lauren Brubaker, and Or-rin Ellis to participate in the inspection on behalf of respondent; (3) relator is temporarily enjoined from taking any further action with regard to any of the above described voting machine counters, tally sheets, voter registration cards, and voter identification certificates; and (4) respondents deposit into the registry of the court $500.00 as security as provided by law, including payment of the special commissioners as provided above. The circuit court further ordered that its order would not become effective until the $500.00 bond is deposited or August 22, 1978 at 2:00 p. m., whichever is later.
The issue in the proceeding is very limited; the question is whether the circuit court had the authority to issue this order. See, e. g., State ex rel Vogel v. Campbell, 505 S.W.2d 54, 58 (Mo. banc 1974); State ex rel. T. J. H. v. Bills, 504 S.W.2d 76 (Mo. banc 1974). We have examined the pleadings, the federal statutes
For this reason the preliminary writ of prohibition is made absolute.
. 28 U.S.C. § 1343 et seq.; 42 U.S.C. § 1983 et seq.
. § 115.527 et seq. RSMo Supp. 1977 (effective Jan. 1, 1978).
Reference
- Full Case Name
- STATE of Missouri ex rel. John K. TRAVERS, Judy Svetanics, George Mehan, and Donald West, constituting the Board of Election Commissioners, Relator v. Ivan Lee HOLT, Jr., Judge of the Circuit Court of the City of St. Louis
- Cited By
- 1 case
- Status
- Published