49 A.2d 320 | R.I. | 1946
These separate petitions for mandamus and for certiorari were brought against the respondents, as they constitute the state board of elections, by the petitioners Cahir et al., as the duly nominated candidates of the Citizens' Independent Party, and by the petitioner Moses, as the duly nominated candidate of the Good Government Party, for certain offices to be voted upon at the election to be held in the city of Providence on November 5, 1946. *194
The two petitions for certiorari are substantially similar and the petitioners thereby seek to quash the alleged ruling and action of the respondent board whereby the respective political parties of the petitioners were denied the use of master levers, so called, in the voting machines at the top of their columns, although such levers were to be given to other candidates for the same offices on the city tickets of the Democrat and Republican parties.
The pertinent record of the respondent board has been certified to us as if the writ of certiorari had been issued. This record is not disputed. It shows no ruling or action taken by the respondent board whereby that board specifically denied the request of the candidates of the Citizens' Independent Party, or of the candidate of the Good Government party, for the use of a master lever in the voting machines to be used at the election in the city of Providence on November 5, 1946. It is not denied that the respondent board's duty to set up the voting machines under the law cannot be fulfilled until the secretary of state has delivered to it a diagram of the face of the voting machines and of the ballot labels to be inserted therein. Such diagram and ballot labels have not as yet been finally prepared and delivered by the secretary of state to the board.
Upon this record, therefore, there has been no pertinent and specific ruling or action of the board that is contrary to law. These petitions for certiorari are therefore prematurely brought and solely for that reason they are denied and dismissed.
The two petitions for mandamus seek to have the respondent board ordered to give to the petitioners, as candidates of their political parties, the right to have the use of master levers at the top of their columns on the voting machines to the same extent that the respondent board gives such levers to the corresponding candidates of the Democrat and Republican parties for the same offices. These petitions are based apparently on the apprehension that the respondent board will refuse such levers to the petitioners because the Citizens' *195 Independent Party and the Good Government party had not nominated a full slate of candidates for each office that was to be voted upon at the election to be held on November 5, 1946.
In the case of Cahir et al. v. Cote, Secretary of State,
M.P. No. 859, wherein our opinion was filed this date,
In view of the findings that were made on the undisputed facts in the Cahir case, supra, and the Moses case,
Under the circumstances we are of the opinion that these petitions for mandamus are prematurely brought and, solely for that reason, such petitions are denied and dismissed. *196