State Ex Rel. Kirkpatrick v. Board of Election Commissioners

DIXON, Judge.

Secretary of State Kirkpatrick as plaintiff filed a suit in declaratory judgment and for injunction. The individual defendants intervened and all parties filed motions for summary judgment. The court sustained the Secretary’s motion, and the Board and Intervenors appeal.

The issue is whether the Secretary may require by regulation, and in turn the court by its decree, that a ballot label and ballot card contain only the names of candidates of one political party and further require that polling booths be identified by party label in primary elections.

At the threshold of this…