McDonald v. Curry

[161]

BEATTY, C. J.

This is an application based upon the provisions of section 37 of the recently enacted Primary Nomination Law. (Stats. 1909, p. 691.) The prayer of the petition is for an order directed to the defendants Curry and Keyes requiring them and each of them to desist from placing the name of defendant Martin Bekins upon the official primary ballot as ■candidate for the Democratic nomination for state senator from the thirty-eighth senatorial district. The allegations of the petition show that the petitioner, McDonald, possesses all the qualifications "entitling him to hold said office, and that he is a candidate for said nomination; that on July 14th he filed with defendant Keyes, as county clerk, certain petitions nominating him as such candidate, and that said Keyes on the same day certified that of the names signed to said petitions 460 were names of voters properly registered at the date of ■signing, and that they constituted more than the requisite three per cent of the Democratic vote cast at the last presidential election. It is further shown that said Martin Bekins is also a candidate for the same nomination, and that on July 12th he filed petitions nominating him, as such candidate; "that on July 14th said Keyes certified that the number of names signed to said petitions was only 154 registered voters, 'but that they were more than three per cent of the Democratic vote in said district at said last election. Both of these certificates together with the nominating petitions were forwarded to and duly filed in the office of the secretary of state. It is alleged that of the 154 electors whose names are signed to the Bekins petitions ninety-six were disqualified by reason ■of the fact that they had previously signed for this petitioner ■and consequently that said Bekins had only fifty-eight qualified signers where 130 were necessary to entitle him to a place on the primary ballot. Upon these grounds the petitioner lodged with the defendant, Curry, a protest against the filing of the Bekins petitions, but his protest was disregarded and said defendant is about to issue a certificate to the effect that ■said Bekins has filed in his office a regular and proper nominating petition, etc. And it is alleged that the defendant Keyes threatens to, and will, unless restrained, place the name of Martin Bekins on the Democratic primary ticket as a candidate for the Democratic nomination for state senator from the Tthirty-eighth district, thereby involving the petitioner—the