State Ex Rel. Santini v. Swackhamer

OPINION

At the general election in November, 1972, petitioner San-tini was elected a judge of this state’s Eighth Judicial District Court, with a term ending the first Monday in January, 1975. On March 8, 1974, petitioner resigned and, on March 12, he presented to the respondent Secretary of State a declaration of candidacy for the office of Representative in the Congress of the United States, to seek nomination for such office in the forthcoming Democratic primary election. The Secretary of State refused to accept and file this declaration on the ground that petitioner is ineligible under…