De Stefanis v. Rhode Island State Board of Elections
De Stefanis v. Rhode Island State Board of Elections
Opinion of the Court
The question is whether Raymond De Stefanis is a domiciliary of the 7th Representative District and thereby qualifies within the purview of G. L. 1956 (1969 Reenactment) §17-14-2
The trial justice in considering whether De Stefanis satisfied the §17-14-2 eligibility requirements for candidacy
While in other circumstances we would probably remand to the Superior Court so that the trial justice might clarify and complete his decision, that alternative is not reasonably open to us in this case. Here time is of the essence. The primary at which the Democratic candidate for representative in the 7th District will be nominated has been scheduled by the Legislature for Tuesday, September 15, and we have grave doubts concerning our power to invade the legislative province and postpone that primary. See Annotations 70 A.L.R. 733, 33 A.L.R. 1376.
We treat the case, therefore, not as statutory certiorari to review a decision of the Superior Court, but as if it were common-law certiorari to review the decision of the Board of Elections. In reviewing, of course, we do not pass on the weight of the evidence which the Board con
The petition for certiorari is granted, the decision of the Superior Court is quashed, the decision of the Board of Elections is affirmed, and the records and the papers in the case are ordered returned to the Superior Court and by it to the Board of Elections with our decision endorsed thereon.
17-14-2 reads: “No person shall be eligible to file a declaration of candidacy, or be eligible to be a candidate or be eligible to be voted for or to be nominated or elected in a party primary unless such person shall, at the time of filing such declaration be qualified to vote in a primary within the district for the office which he seeks.”
42-35-15 (g) in pertinent part reads: “The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. * * *”
Reference
- Full Case Name
- Raymond H. De Stefanis v. Rhode Island State Board of Elections
- Cited By
- 16 cases
- Status
- Published