Grant and McNamee v. Payne

The election held on November 5, 1940, was in my opinion, a general election within the meaning of the proviso in sec. 12, art. IV of the state constitution, as amended in 1922. Appointment by the county commissioners is to be made only in cases where no general election takes place between the occurrence of the vacancy and the next succeeding session of the legislature. Senator Horsey resigned July 29, 1940. Thus the general election of November 5, 1940, took place between the occurrence of the vacancy and the next session of the legislature.

To hold that "general election," as used in the…