22 S.D. 343 | S.D. | 1908
This original special proceeding was instituted to compel the defendant, as Secretary of State, to receive and file nomination certificates of certain Democratic party candidates, and to certify the names of such candidates to the auditors of the several counties for the purpose of having them printed on the official ballots to be voted at the coming general election, in accordance .with the provisions of article 6, c. 19, Rev. Pol. Code. It appears from the application that the Democratic Party is an organized political party that has participated in state, county, township, and municipal elections for 12 years last past, during which time it has regularly, presented to the electors of this state its party candidates to be voted for at such elections; that it participated
As we understand the argument of counsel it is contended (1) that the Primary Election Law (Laws 1907, p. 285, c. 139) should
Though numerous particular provisions of statutes relating to primary elections have been attacked in the courts as unconstitutional or subversive of inherent rights, we are aware of no decision wherein it i's held that the Legislature is without power to prescribe any mandatory rule whatever for the regulation of party procedure so far as it concerns nominations to public officesl On the contrary, all the decisions we have examined either declare or as
So we conclude that plaintiff’s contention as to the invalidity of the (Statute is noit tenable, that plaintiffs are not entitled to have their names printed on the general election ballots as candidates of the Democratic Party, and that defendant is entitled to a judgment of dismissal upon the merits.