State ex rel. Hitchcock v. Till

Section 7236, Rev. Code 1919, makes it the duty of the county auditor to- place on the ballot for the general election the name of every candidate whose nomination has been certified or filed with the county auditor. Relator was proposed at the Democratic county proposal meeting for the office of state senator. Pie did not sign the declaration. Thereby a vacancy was believed to exist, and he was certified as the nominee 1o fill the vacancy. In State ex rel Picton v. Doolittle, 50 S. D. —, 209 N.W. 851, this court held on July 23, 1920, that such could not be done, although previously under a…