Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Brodigan

December 31, 1914

STATE OF NEVADA, EX REL. GEO. B. THATCHER, PETITIONER. V. GEORGE BRODIGAN, AS SECRETARY OF STATE, RESPONDENT.


Geo. B. Thatcher, Attorney-General, and W. W. Griffin, for Petitioner.

Summerfield & Richards, George Springmeyer, and Richard A. McKay, for Respondent.

By the Court, McCarran, J.:

By this action, the petitioner, the attorney-general, seeks to compel the secretary of state to certify the names of Raymond A. Gott and Richard A. McKay as candidates for the Republican nomination for the office of attorney-general. by the same action petitioner seeks to prohibit the secretary of state from certifying the name of George Springmeyer as a Republican candidate for the office of attorney-general.

As appears from the petition, Richard A. McKay and Raymond A. Gott, respectively, filed their nomination papers for the Republican nomination for the office of attorney-general with the secretary of state on the 1st day of August, 1914. Thereafter and on the 3d day of August, 1914, Raymond A. Gott filed an instrument withdrawing his name as a candidate for the Republican nomination, and on the same day, and some half hour later Richard A. McKay filed a similar instrument with the secretary of state also requesting that his name be not placed on the ballot for the Republican nomination for attorney-general at the September primary election.

It appears from the petition that on the 27th day of June, 1914, George Springmeyer filed in due form his nomination paper as a candidate for the Progressive nomination for the office of attorney-general, and paid the requisite fee therefor. On the 1st day of August, 1914,

[37 Nev. 458, Page 460]

the said Springmeyer filed a second paper in the office of the secretary of state, which paper is as follows:

“State of Nevada, County of Ormsby—ss.”

“For the purpose of having my name placed on the official primary election ballot as a candidate for nomination by the Republican party as its candidate for the office of attorney-general of the State of Nevada, I, the undersigned George Springmeyer, do solemnly swear that I reside at No. 416 South Virginia Street, in the city of Reno, county of Washoe, State of Nevada, and that I am a qualified elector of the election precinct in which I reside; that I am a member of the Progressive party, and affiliated with that party at the last general election, and voted for a majority of the candidates of such party at the last general election; that there is a substantial fusion between the Republican and Progressive parties in this state at the present time; that I believe in and intend to support the principles and policies of both such political parties, as represented by such fusion, and that I intend to vote for a majority of the candidates of the Progressive party and as well of the Republican party at the ensuing election; that, if nominated as a candidate of said Republican party at said ensuing election, I will accept such nomination, and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for said office if elected thereto.

“[Signed] George Springmeyer.”

Two propositions are presented in this matter: First, may Richard A. McKay and Raymond A. Gott withdraw their names from the list of candidates to be certified by the secretary of state to the various county clerks, they having once filed their nomination papers for the purpose of having their names placed on the official primary election ballot as candidates for nomination by the Republican party and as its candidate for the office of attorney-general? Second, where a party has filed his nomination paper for the purpose of having his name placed on the

[37 Nev. 458, Page 461]

official primary ballot as a candidate for nomination by one recognized party, may he thereafter have his name placed on the primary ballot as a candidate of another recognized party, and thereby become a candidate for the nomination of two separate and distinct parties for a given office at the same primary, when he is unable to file a nomination certificate complying with all the conditions demanded by the statute?

The legislature of 1913 passed an act entitled “An act relating to elections and removals from office,” in which act chapter 3 has to do with primary elections. Section 7 of the chapter is as follows:

“The name of no candidate shall be printed on an official ballot used at any primary election unless, at least thirty days prior to the primary election, if the candidate is to be voted for at the September primary election, and at least fourteen days prior to the primary election other than the September primary election, he shall file a nomination paper with the proper official as hereinafter provided by this act, such nomination paper to be under oath and in substantially the following form:

“Nomination Paper of.........., for the Office of..........

“State of Nevada, County of.........., ss.

“For the purpose of having my name placed on the official primary election ballot as a candidate for nomination by the..........party as its candidate for the office of.........., I, the undersigned,.........., do solemnly swear (or affirm) that I reside at No........... ..........Street, in the city (or town) of.........., county of.........., State of Nevada, and that I am a qualified elector of the election precinct in which I reside; that I am a member of the..........party; that I believe in and intend to support the principles and policies of such political party in the coming election; that I affiliated with such party at the last general election of this state and I voted for a majority of the candidates of such party at the last general election (or did not vote at such general election, giving reasons); that I intend to vote for a majority of the candidates of said party at the ensuing election for which I seek to be

[37 Nev. 458, Page 462]

a candidate; that if nominated as a candidate of said ___ party at said ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for said office if elected thereto. * * *” (Stats. 1913, c. 284.)

[1] It is suggested by the attorney-general, petitioner herein, that inasmuch as under our law the primary election being set for the first Tuesday in September, and coming as it does on this occasion on the first day of September, and as the last day of filing nomination papers fell on Sunday, the 2d day of August, a non-judicial day, nomination papers might be filed on Monday, the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.