State Ex Rel. Smith v. Appling

Elmo Smith, the relator, is the 1960 primary election nominee of the Republican party for the office of United States Senator. On August 30, 1960, he tendered to the Secretary of State his statement and picture for printing in the “General Election Pamphlet,” an election document described in ORS 255.211. The Secretary of State, acting on the advice of the Attorney General, refused to accept it. He contends that it was not filed within the time fixed by that section of the code; that is, that a filing on August thirtieth did not comply with the requirement that the statement must be filed-…