State ex rel. Trosclair v. Parish Democratic Committee

Citations

• 120 La. 620
• 45 So. 526
• 1908 La. LEXIS 548

Syllabus

<p>1. ELECTIONS — PBIMAEIES—BALLOTS.</p> <p>Where under section 11 of Act No. 49, p. 69, of 1906, known as the “compulsory primary law,” an elector filed with the chairman of the Democratic parish committee his written notification of his intention to become a candidate for the office of sheriff at the primary election, with the declaration therein that he was a “white Democrat,” and made the required money deposit, held, that such committee was without jurisdiction to question and inquire into the truth of the declaration that the applicant was a member of the Democratic party, and that it was the plain ministerial duty of the committee to have the name of the applicant placed on the official ballot.</p> <p>2. Mandamus — Pebeokmance oe Public Duties.</p> <p>The courts have jurisdiction by mandamus to compel officers charged with the conduct of elections to perform the specific duties imposed upon them by law.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 33, Mandamus, §§ 150-157.]</p> <p>3. Elections — Primaeibs—POWERS oe Political Committees.</p> <p>The object of Act No. 49, p. 66, of 1906, commonly known as the “compulsory primary law,” was to secure to the people, free from political dictation the right and privilege of choosing their public servants. The interference of a political committee in a matter not authorized by the statute is repugnant to the reason and spirit of the law.</p> <p>(Syllabus by the Court.)</p>