Legal Opinion · Concurrence

State Ex Rel. Andrews v. Gray

Supreme Court of Florida

Decided July 23, 1936Published

1Concurrence

My view is that the Executive Committee not only had the power to call these special primaries, as they did do, but that it was their positive duty to do so. Under our statutory primary system, they did not, in my opinion, have any other alternative. This would of course apply to the State Executive Committee of any other party which constitutes a political party in this State as defined by the statute.

The matter of holding party primaries under statutory regulations and at the expense of the State, or the county, as the case may be, is nothing new in Florida. It has been done right along…

2Cases cited9 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Bailey v. Van PeltSupreme Court of Florida · 1919
  3. State ex rel. Merrill v. GerowSupreme Court of Florida · 1920
  4. Ex Parte: Hawthorne and MahoneySupreme Court of Florida · 1934
  5. State Ex Rel. Chamberlin v. TylerSupreme Court of Florida · 1930

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