State ex rel. Robinson v. Craighead County Board of Election Commissioners

Darrell Hickman, Justice.

The question we must answer in this case is, what is the proper legal proceeding to challenge the eligibility of a candidate and seek removal of the candidate’s name from a general election ballot? The answer is mandamus, coupled with a declaratory judgment action.

While the election has been held in this case, with the candidates’ names remaining on the ballot, we choose to decide the central legal issue presented, even though the controversy regarding the candidates’ eligibility is moot. This is not uncommon in matters pertaining to elections where there is a public…