Clement v. Daniels

I agree with the majority opinion on the merits but write because I question the lateness of Mr. Clement’s petition.

Mr. Halter filed for lieutenant governor on March 21, 2006. Forty-five days later, Mr. Clement filed his petition for writ of mandamus on May 5, 2006, and it was heard by the circuit court on May 9, 2006. On May 10, 2006, the circuit court entered its order. This court expedited the appeal on May 12, 2006, at the request of both parties, and asked for simultaneous briefs, which were filed on May 15, 2006. The election will be held six days from this writing.

Absentee voting under…