Legal Opinion

Ingle v. State Board of Elections

Supreme Court of North Carolina

Decided June 5, 1946PublishedCited by 8 opinions

Appeal by petitioner from Harms, J., at May Term, 1946, of Wake. Petition for writ of mandamus to require respondents to proceed in lawful manner to cause petitioner’s name to be placed on tbe official ballot as candidate or nominee of tbe Eepublican Party for tbe office of Associate Justice of tbe Supreme Court of North Carolina to be voted on in tbe general election to be beld 5 November, 1946. Tbe substance of tbe petition is, that on 15 March, 1946, tbe petitioner duly…

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Appeal by petitioner from Harms, J., at May Term, 1946, of Wake. Petition for writ of mandamus to require respondents to proceed in lawful manner to cause petitioner’s name to be placed on tbe official ballot as candidate or nominee of tbe Eepublican Party for tbe office of Associate Justice of tbe Supreme Court of North Carolina to be voted on in tbe general election to be beld 5 November, 1946. Tbe substance of tbe petition is, that on 15 March, 1946, tbe petitioner duly filed with tbe State Board of Elections notice of bis' candidacy for tbe nomination by tbe Republican Party as its…

1Opinion of the CourtStacy, C. J.

The question for decision is whether the notice of candidacy filed by the petitioner with the State Board of Elections complies with the provisions of the Primary Election Law. The trial court answered in the negative, and we approve.

It is provided by G. S., 163-147, that in any primary election when there are two or more vacancies for Chief Justice and Associate Justices of the Supreme Court to be filled by nominations, “all candidates shall file with the state board of elections at the time of filing notice of candidacy a notice designating to which of said vacancies the respective…

2Cases cited11 opinions

  1. Nixon v. HerndonSupreme Court of the United States · 1927
  2. Person v. DoughtonSupreme Court of North Carolina · 1923
  3. Person v. . DoughtonSupreme Court of North Carolina · 1923
  4. Barnes v. Commissioners.Supreme Court of North Carolina · 1904
  5. White v. . Comrs. of JohnstonSupreme Court of North Carolina · 1940

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3Cited by8 opinions

  1. Erickson v. StarlingSupreme Court of North Carolina · 1952
  2. Moody v. Transylvania CountySupreme Court of North Carolina · 1967
  3. St. George v. HansonSupreme Court of North Carolina · 1954
  4. Steele v. Locke Cotton Mills Co.Supreme Court of North Carolina · 1950
  5. Ponder v. JoslinSupreme Court of North Carolina · 1964

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