6 N.W.2d 40 | Minn. | 1942
Since the facts are not in dispute, these may be thus summarized: Judge Mathias Baldwin had served with honor and distinction as district judge of Hennepin county over a period of many years. His last election took place in November 1940, at which time he was elected for a full six-year term commencing the first Monday in January 1941, and continuing, had he lived, to January 1947. He died October 1, 1942. On the next day petitioner's nominating petition came to the office of the auditor, who duly accepted and filed the same. Next day (Saturday, October 3) came a similar petition in behalf of one Shaughnessy. That, too, was accepted and filed. On the following Monday, October 5, the auditor accepted and filed a similar petition on behalf of respondent Palmer. All these men claim to be duly nominated and as such entitled to have their names entered upon the ballot at the November 3, 1942, general election. There are other aspirants to the same office, not parties to the present cause.
The inquiry presented is whether these petitions are timely, the vacancy having occurred after the primaries but more than 30 days before the general election, or if, as claimed by petitioner, only the two presented on October 2 and 3 may lawfully be entered by the auditor as the sole nominees to fill the vacancy.
Minn. Const. art.
"In case the office of any judge shall become vacant before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, until a successor is elected and qualified. And such successor shall be elected at the first annual election that occurs more than thirty days after the vacancy shall have happened."
The parties do not question that under this provision an election to fill the vacancy caused by Judge Baldwin's death is to be determined at the November 3 election. Whoever is then elected will hold a full six-year term. Minn. Const. art.
In the instant case, of course, there was no vacancy in the office of Judge Baldwin, nor was anyone a candidate for that office at the time of the primary election. So, the determinative question here is whether our statute, Minn. St. 1941, §
"202.26. No nomination for any office shall be made either by petition or otherwise within 30 days before the time of holding a general election, except nominations to fill a vacancy in a nomination previously made, or to nominate a candidate for an office in which a vacancy has occurred and for which no person is a candidate.
"202.27. Certificates of nomination shall be filed * * * with the county auditor, to be placed upon the india tint ballots, on or before the third Tuesday preceding the day of election."
It is interesting to note that §
Petitioner's position is that the portion of §
We think both sections should be "construed with reference to each other" since they are in pari materia. 6 Dunnell, Dig.
Supp. § 8984, note 3. This result is especially desirable if, by so construing them, just and reasonable results are obtained. So construing them, the plain legislative purpose of §
We know of no statutory or constitutional limitation upon the number of candidates who may file, or otherwise qualify, for any elective office. That is the situation before the primary election when candidates are chosen, and the same freedom of choice is given to those who become candidates underId. §
By reading §
We think these principles applicable in cases of this type:
1. Statutes relating to primaries and elections do not confer rights of qualified persons to become candidates for office but merely regulate the exercise of such rights in an orderly way.
2. Statutory regulations of the election franchise must be so construed as to insure, rather than defeat, full exercise thereof when and wherever possible.
3. Narrow construction of statutes fixing time for filing primary nomination papers should be avoided. Manning v. Young,
Order to show cause discharged and petition denied.