Committee to Retain Judge Byers v. Elections Board

The Committee to Retain Judge Byers and Donald Zuidmulder appeal from a judgment 1 that affirmed a State Elections Board decision not to certify Zuidmulder as a candidate for circuit court judge. Judge James Byers had originally been certified by the Board as a candidate, but died on February 8,1980. Since Judge Byers’ death occurred after the statutory deadline for filing nomination papers, his campaign committee sought to replace Judge Byers on the April 1 ballot with Zuid-mulder through the sec. 8.35(2), Stats., procedure. Because we conclude that sec. 8.35(2), does not apply to the office…