Peck v. Monson

In addition to concurring in the Court’s opinion, I deem it desirable to elaborate a threshold consideration not treated there.

Appellant urged the district court to dismiss this suit because it was not timely. All of the pertinent facts in the controversy were known within a few days after the April 26th filing deadline. The party central committee’s nomination of Peck (May 22nd) was certified to the appellant by letter dated May 24th. His refusal to place her on the ballot, communicated by letter dated May 26th, defined the issue in this case and provided the final fact necessary to its…