Byrle L. Dillenburg v. A. Ludlow Kramer, Secretary of State of the State of Washington, and Carl G. Erlandson, City Clerk of the City of Seattle

HUFSTEDLER, Circuit Judge:

This appeal presents the question: Does appellant’s complaint challenging the constitutionality of Article VI, § 3, of the Constitution of the State of Washington1 and of Washington’s Revised Code § 29.01.080,2 which deny voting rights to unpardoned persons convicted of crimes punishable by imprisonment in the state penitentiary, raise a substantial federal question requiring the convening of a three-judge court pursuant to 28 U.S.C. § 2281? 3

Appellant was convicted for robbery and was sentenced to state prison in Washington in 1966. He was paroled in May 1970. Since…