Legal Opinion

Adams v. Lansdon

Idaho Supreme Court

Decided August 11, 1910PublishedCited by 37 opinions

This is an original proceeding for a writ of prohibition to restrain the secretary of state from certifying to the several county auditors of the state a list containing the names, post-office address and party designation, etc., of candidates as required by the primary election law. The provision in see. 14 -of the act, “Vote for both first and second choice if there are more than twice as many candidates as there are positions,” is ambiguous and uncertain.

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This is an original proceeding for a writ of prohibition to restrain the secretary of state from certifying to the several county auditors of the state a list containing the names, post-office address and party designation, etc., of candidates as required by the primary election law. The provision in see. 14 -of the act, “Vote for both first and second choice if there are more than twice as many candidates as there are positions,” is ambiguous and uncertain. If it was intended to be a mandatory provision compelling the voter to vote for first and second choice as to candidates for a…

1Opinion of the CourtSullivan, C. J.

This is an original proceeding brought by the plaintiff for a writ of prohibition to prohibit and restrain the defendant, who’ is secretary of state, from certifying to the several county auditors of the state a list containing-the names, postoffice address and party designation of the persons whose nomination papers have been filed with the defendant as secretary of state to be voted for at the primary election to be held August 30, 1910. A general demurrer to-the complaint was filed and the case was heard upon the demurrer.

The plaintiff contends that the law commonly known as the primary…

2Cases cited3 opinions

  1. State ex rel. Zent v. NicholsWashington Supreme Court · 1908
  2. Leonard v. Commonwealth ex rel. CassidySupreme Court of Pennsylvania · 1886
  3. State ex rel. Brady v. BatesSupreme Court of Minnesota · 1907

3Cited by37 opinions

  1. Cook v. MasseyIdaho Supreme Court · 1923
  2. Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
  3. Kelso v. CookIndiana Supreme Court · 1916
  4. Van Valkenburgh v. Citizens for Term LimitsIdaho Supreme Court · 2000
  5. State v. OmaechevviariaIdaho Supreme Court · 1915

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