Bottomly v. Ford

Opinion:

This proceeding seeks a declaratory judgment determining that sections 631 to 670, Revised Codes (the direct primary laws) are applicable to nominations of candidates for a special election to fill a vacancy in the office of Representative in the Congress of the United States.

The facts are that in the general election in Montana in November 1944 James F. O’Connor was elected Representative in Congress in the Second Congressional District for the term commencing on January 3, 1945, and ending on January 3, 1947. After qualifying and taking the office, he died. There is now a vacancy in…