Garrison v. Merced

At issue in this appeal is whether the failure of a candidate for State representative in a State primary to designate the political party (Democratic) whose nomination he seeks on one of his nomination papers as required by G. L. c. 53, § 45, is fatal to having his name printed on the ballot at the primary election. The State Ballot Law Commission (commission) ruled that, absent proof that the voters who signed the nomination paper were misled, it was not fatal. On appeal from the commission’s decision, the judge in the Superior Court held that the name of the political party was necessary…