In Re State Ex Rel. Munn

The opinion of the Court was delivered by

Mr. Justice Fraser.

This is a proceeding in the original jurisdiction of this Court to enjoin the authorities of the Democratic party from placing on its ticket for the November election the name of Mr. W. E. DePass, Jr., as a candidate of the Democratic party, for a seat in the House of Represenatives from Kershaw County.

It is alleged that Mr. DePass is not qualified to fill the office by reason of the fact that he has not paid his poll tax. This does not disqualify him.

In the case of State v. Mittle, 120 S. C., 535, 536; 113 S. E., 338, 339, we find:

“A…