Schweitzer v. Plymouth City Clerk

1. The Facts.

Peter Schweitzer lives in the city of Plymouth. Sometime before January 3, 1967, he decided to become a candidate for the office of city commissioner. He submitted to the city clerk petitions signed by 40 electors, requesting that plaintiff Schweitzer’s name be printed on the ballot in the 1967 spring election.

*488The defendant clerk refused to accept the petitions. He wrote plaintiff Schweitzer as follows:

“Since you do not meet- all of the eligibility and qualification requirements as enumerated in section 4.4 of the city charter, your nominating petition for the office of city…