State ex rel. Piccirillo v. City of Follansbee

Miller, Justice:

Petitioner, Janet Piccirillo, brings this original mandamus action against the City of Follansbee, its Council members and Clerk to compel the respondents to place her name on the ballot for the forthcoming municipal election. She had presented her petition and filing fee as a candidate for Council but was refused access to the ballot on the ground that she did not possess the requisite property qualification as required by the Charter of *330Follansbee1, a requirement similar to the statutory provision, W. Va. Code, 8-5-7(c).2

It is not disputed that except for the failure to meet…