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State v. Brodigan

December 31, 1914

STATE OF NEVADA, EX REL. H. B. MAXSON, PETITIONER, V. GEORGE BRODIGAN, AS SECRETARY OF STATE OF THE STATE OF NEVADA, AND RICHARD A. MCKAY, RESPONDENTS.


Cole L. Harwood and H. V. Morehouse, for Petitioner.

Geo. B. Thatcher, Attorney-General, and Prince A. Hawkins, for Respondent Brodigan.

Richard A. McKay, in pro. per.

By the Court, Talbot, C. J.:

Relator asks for a writ of prohibition restraining the secretary of state from certifying or causing to be placed or printed the name of respondent McKay upon the official ballot as the nominee of the Republican party for

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attorney-general at the ensuing election to be held on November 3, because of his failure to file a statement of his campaign expenses under the law relating to the purity of elections passed at the last session of the legislature.

Late in the day or night of Saturday, August 1, 1914, which was the last day for filing nomination papers, McKay and Raymond A. Gott each filed his nomination paper for the Republican nomination for the office of attorney-general, and paid the filing fee of$100. On the following Monday, August 3, Gott filed with the secretary of state his purported withdrawal from the nomination, and about half an hour later McKay filed with the secretary of state his purported withdrawal from the nomination. Acting pursuant to the order of this court, the secretary of state, on August 9, accepted the withdrawal of Gott, and refused to accept the purported withdrawal of McKay.

In our decision in the proceeding which resulted in that order, we said:

“In the case at bar, as we view it, there was nothing in the law which would prevent the first party applying to withdraw from having his application complied with. In other words, Raymond A. Gott, having applied to the secretary of state to have his name withdrawn, could, in our judgment, properly have that request complied with. As soon, however, as his name was withdrawn, the other party to the contest for Republican nomination—namely, Richard A. McKay—became, by operation of the law (subdivision 9, c. 14), the party nominee for the office of attorney-general, and, having become the party nominee, under the statute, and under the rule as laid down by this court in the case of Donnelly v. Hamilton, 33 Nev. 418, 111 Pac. 1026, he could not withdraw.” (State, ex rel. Thatcher, v. Brodigan, 37 Nev. 458, 142 Pac. 522.)

Upon the argument yesterday afternoon a number of questions were presented, of which it is necessary to determine only the one, as to whether McKay was required to file a statement five days before and fifteen days after

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the primary election. He has appeared and asserted before this court that, acting in good faith, he failed to file a statement of campaign expenses incurred by him because, under his belief, no such statement was required by the law. Section 8 provides:

“Every candidate for nomination or election to public office, including candidates for the office of senator of the United States, and representatives in Congress, shall, five days before and fifteen days after the election at which he was a candidate, file with the secretary of state, if a candidate for senator of the United States, representative in Congress, or for any state or district office in a district composed of one or more counties, and with the county clerk, if a candidate for state senator, or assemblyman, or for county and precinct offices, and with the city clerk if for a city office, an itemized sworn statement setting forth in ...


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