Magazzu Election Case

Opinion by

Mr. Justice Allen M. Stearns,

The question is whether under the Election Code of 1937 a candidate may receive a nomination by more than one political party. Stated more specifically: is a candidate who had filed nominating petitions as a member of one party ineligible to receive the nomination of another party for the same office by “write-in” or legal ballots or votes?

Pietro A. Magazzu was a candidate for the office of representative in the General Assembly upon the Re publican ticket. He was defeated for tbe nomination by another candidate. Milo B. Serías was the only candidate on…