State ex rel. Sears v. Gilliam

Citations

• 93 Wash. 248
• 160 P. 757

Syllabus

<p>Judges — Vacancy—Appointment—1Teem—Election. Under Const., art. 4, § 5, providing that, if a vacancy occurs in the office of a judge of the superior court, the governor shall appoint a person to hold the office until the election and qualification of a judge to fill the vacancy, the election to be at the next general election and the judge to hold office for the remainder of the unexpired term, an appointee’s term ends at the election or when the judge elected to fill the vacancy has qualified.</p> <p>Elections — Peimaey Elections — Nominations—Office—Judges— Shoet Teem — Designation on Ballot — Stickebs—Statutes. The primary election law being an exclusive means of selecting candidates and not an essential part of the general election law, and the auditor not being required to prepare a ballot for unexpired terms unless there is a filing therefor, a person cannot be nominated for an unexpired term of judge of the superior court by the use of stickers or the writing of names on the primary election ballot, where there has been no filing for such unexpired term and hence no notice to electors of such an office to be filled, as contemplated by Rem. 1915 Code, § 4843, requiring publication thereof; especially in view of Id., § 4842, which provides that, where there is a vacancy to be filled, candidates may announce themselves for either the long or short term and the ballots “shall be arranged accordingly;” since no elector may assume to use the ballot for the selection of a candidate for an office not designated on the ballot and for which no voting arrangement is made; and stickers may be used under Id., §4843, only for offices designated on the ballot.</p>