Murtagh v. Registrars of Voters of Peabody

At a municipal election in the city of Peabody on November 3, 1959, the respondent Philip C. O’Donnell, a candidate for re-election to the office of mayor, received 7,374 votes and the petitioner 6,689 votes. Thereafter, the petitioner unsuccessfully asked the respondent board of registrars of voters to certify his election. The ground of objection was that on June 12, 1959, the respondent O’Donnell had been appointed a member of the Alcoholic Beverages Control Commission. See G. L. c. 6, § 43 (as amended through St. 1950, c. 785), § 44 (as amended through St. 1933, c. 376, § 1); c. 138. This…