State Ex Rel. Baldwin v. Strain

This is an action in mandamus brought originally in this court by relator to compel the respondent, the county clerk of Thayer County, to accept the filing of relator as a candidate for delegate to the Democratic county preprimary and post-primary conventions for the years 1950 and 1952.

The action involves the constitutionality of section 32-1172.02, R. S. Supp., 1949, which provides: “No person shall be eligible to be a delegate to either a county, state, or congressional pre-primary convention who holds a position or employment under (1) the government of the United States, or (2) this…