State Ex Rel. McAulay v. Reeves

— This is an application for a writ of mandate, directed to the secretary of state, requiring her to accept and file relator’s declaration of candidacy for the office of judge of the supreme court.

The facts are undisputed. The relator is a senator of the state of Washington and, as such, was a member of the legislature during the 1937 session. His legislative term will not expire until January, 1941. He has never held judicial office, at least in this state. On July 21, 1938, he presented his declaration of candidacy, in form as prescribed by the statute for the office of judge of the supreme…