State ex rel. Carter v. Board of Ballot Commissioners
State ex rel. Carter v. Board of Ballot Commissioners
Opinion of the Court
In the district of Fayetteville, in the county of Fayette, there are to be elected at the election to be held in November next two members of the school board, one of said members so to be elected being for the regular term of four years, and the other to fill the unexpired term of a member who resigned. The relator R. H. Carter filed with.the clerk of the circuit court a declaration of his intention to become a candidate for member of the board of education of said district on the Democratic ticket; likewise the relator K. A. Atkinson filed his declaration to become a candidate for member of said board on the Republican ticket. Neither of these applications designated whether the relators desired to be candidates for the regular term or for the unexpired term. There was filed an application from a Democrat and one from a Republican in which the applicants designated that they desired to become candidates for the long term, and several applications were filed in a form similar to the applications of the relators. .In making up the ballot the board of ballot com
It appears that when these declarations were examined the board of ballot commissioners had some question as to what disposition to make .of the ones in which no designation was made as to the particular term for which the applicants desired to be candidates, and it was understood among them that they would call up the parties filing the applications' and ascertain from them their desire, and make up the ticket accordingly. Acting upon this the relator in each of these cases was called by the chairman of the board of ballot commissioners, and they each informed him that they desired to become candidates for the loud or regular term, and were left under the impression that they were so to be placed upon the ballot. It developed, however, that subsequently two of the ballot commissioners determined that this could not be done, and made up the ballot in the manner above indicated. Application was then made for this writ to compel the ballot commissioners to print the names of the relators as candidates for the regular or long term as it is designated on the ballot.
After the relators found that the ballot had been made up in the manner we have above pointed out they requested the board of ballot commissioners to permit them to amend their applications by indicating thereon for which of the terms they desired to become candidates, if this should be thought necessary, but the ballot commissioners declined to allow them to do so. It is argued that after the declarations were filed by the relators of their intention to become candidates, no change of any kind or character could be made therein. We cannot agree with this conclusion. In the making up of the ballot the board of ballot
Our conclusion is that the board of ballot commissioners should hare permitted these relators -to make the amendments desired- by them in the declarations of their respective 'candidacies, and then to have made up the ballot accordingly. The writs prayed for will, therefore, issue.
Peremptory writs of mandamus awarded.
Reference
- Full Case Name
- State ex rel R. H. Carter v. Board of Ballot Commissioners State ex rel, K. A. Atkinson v. Board of Ballot Commissioners
- Status
- Published