State, Ex Rel. v. Culbreath, (1936)
Court: Supreme Court of Florida
Number:
Visitors: 17
Judges: PER CURIAM.
Attorneys: Edwin Brobston, in Propria Persona;
John B. Sutton and John M. Allison, for Respondent.
Filed: May 12, 1936
Latest Update: Mar. 02, 2020
Summary: The relator in applying under Section 383 (326) C.G.L., to qualify as "a candidate for nomination for the office of" member of the House of Representatives in the Legislature of Florida subscribed to an oath that he is a qualified (but not registered) voter of Hillsborough County, Florida, the words, "but not registered" shown in parenthesis, being added by the relator to the statutory oath. The respondent refused to accept the relator's oath, so qualified as a proper one to be made, in becoming
Summary: The relator in applying under Section 383 (326) C.G.L., to qualify as "a candidate for nomination for the office of" member of the House of Representatives in the Legislature of Florida subscribed to an oath that he is a qualified (but not registered) voter of Hillsborough County, Florida, the words, "but not registered" shown in parenthesis, being added by the relator to the statutory oath. The respondent refused to accept the relator's oath, so qualified as a proper one to be made, in becoming ..
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I was absent when this case was presented but concur in the opinion and judgment
for the following additional reason to those stated in the opinion: a candidate, to be eligible to run in a Democratic primary, must be a member of the Democratic party as well as a "qualified" elector. No "qualified" elector whose party affiliation is not that of a registered Democrat can lawfully be deemed a member of the Democratic party for the purpose of being a candidate in a Democratic primary election.
Source: CourtListener
