176 N.W. 743 | S.D. | 1920
Application for writ to compel the defendant, as secretary of state, to place the name of plaintiff on the Republican -ballot, at the primary election, as a Republican candidate for railroad commissioner. Plaintiff filed in the defendant’s office an individual candidate proposal petition. The defendant contends that the office of railroad commissioner is a state office, and that the petition filed was insufficient, in that it did not have signatures enough attached thereto. Plaintiff contends that those seeking nominations for the office of railroad commissioner are elected “from -districts,” and that, under section 7118, Rev. Code 1919, the number of signers necessary for a proposal petition is based on the vote cast for candidates for Governor in the district, and not that cast in the state. The
The writ sought is granted.