Maxwell v. Fleming

The petitioner, a candidate for nomination to the office of Phoenix city commissioner, at a primary election held on February 26, 1946, filed his petition for writ of mandamus. He alleged that 8,781 ballots had been issued to qualified electors, of which 205 had been wholly rejected, leaving a total of 8,576 legal votes cast. Of this number 4,306 had been cast for him, and having secured a majority, he was entitled to be declared elected to the office, under the provisions of city of Phoenix charter, chapter 12, section 15, providing as follows: “At said primary election any candidate who…