21 S.D. 86 | S.D. | 1906
This original application for a writ of mandamus commanding the defendant, as auditor of Day county, to print the names of certain persons on the ballots to be used at the coming elections in that county, as Republican candidates for county commissioners, and to not print thereon the names of certain other persons as Republican candidates for the same office, was heard in connection with another original application for a similar writ on behalf of those sought to- be excluded by this- proceeding, and decided in favor of the relators herein. The reasons for such decision will now be given. It was stipulated by the parties that the Republican county convention, duly called and held in Day county at the time prescribed by law, nominated four candidates for the office of county commissioner, whose nominations were properly certified, the certificate being filed with the county auditor; that the call for such convention' provided for the nomination of such candidates ;■ that, while -such convention was. in session and when it was.about to consider the .question of nominating -commis
An organized political party cannot have, at one time, more than one candidate for the same office. If the county convention was authorized to nominate county commissioners,' the names of its nominees'are the only ones which can lawfully be printed on the ballots as Republican candidates for that office. State v. Metcalf, 18 S. D. 393, 100 N. W. 923. The so-called “Caucus Raw” (chapter 107, p. 145, Raws 1905) contains the following provisions:
“Section x. All party nominations of candidates for representatives in Congress, state, judicial and county officers, presidential electors and delegates to. the national, state and county conventions, shall be made in the manner herein provided. All other nominations for such candidates shall be by petition in the manner now provided by law, providing that no nominations made by petition shall be filed previous to making of nominations under this act, and no name of a party or ticket nominated by petition shall contain the name or part of the name of a party ticket nominated under the provisions of this act.”
“Sec. 5.’ All party county conventions held for the purpose of nominating candidates for county officers and members of the Tegislature shall be held on the first Tuesday after the third( Monday in September next preceding the election at which such candidates are voted on.”
It also prescribes the time for holding conventions for the purpose of nominating federal and state officers, circuit judges, and. members of the Tegislature, where more than one county is embraced by a senatorial or legislative district. It makes no provision for-commissioner district conventions. Prior to its enactment,, the
For these reasons the relators in this proceeding were given the relief prayed, and the application on behalf of the candidates nominated by the district conventions was dismissed.