Roberts v. Cleveland

BICKLEY, Justice.

The relator, being qualified to hold the office of Congressman, presented his declaration of candidacy for the nomination for such office as the candidate of the Republican Party at the ensuing general election.

The respondent refused to accept this declaration for filing on the ground that relator was barred by the provisions of 1941 Comp. Sec. 56-809, as amended by Laws 1943, c. 86, § 3, because he had changed his party affiliation within twelve months prior to the issuance of the proclamation by the Governor calling the forthcoming primary election.

It is not disputed that…