Merrill v. Dade County Canvassing Board

The petitioner has filed a motion for an emergency hearing without notice and for entry of an emergency injunction. For reasons to follow and pursuant to Florida Appellate Rule 4.5(g), we have considered this case on the merits as a full appeal.

The petitioner, Clark Merrill, defendant below, was a qualified candidate for the Florida House of Representatives in District 115, in the Democratic primary election held on September 10, 1974. He received 7,948 votes in the election.

His opponent, James F. Eckhart, also a qualified candidate in the same race, who *29appeared through counsel and argued in…