Walling v. Lansdon

Citations

• 15 Idaho 282
• 97 P. 396
• 1908 Ida. LEXIS 100

Syllabus

<p>Political Parties — Factions—Jurisdiction op Courts — Primary Election Law — Legal Eights — Eights op a Majority op Legal Delegates — Authority ■ op State Committees and State Conventions.</p> <p>1. Courts will not undertake to control the internal affairs of a political party, unless the same encroaches upon, violates or contravenes the law.</p> <p>2. In an application for a writ of mandate to compel the secretary of state to file a certificate of nominations as the Democratic state tieket, when his answer thereto denies the allegations of the petition and alleges that the convention making such nominations was not the regular Democratic state convention, a general demurrer to the answer will be overruled.</p> <p>3. The act known as the primary election law (Laws 1903, p. 360) is mandatory, and applies to and governs all political parties not therein specifically excepted.</p> <p>4. Every right conferred upon a voter at a primary election held under this law is a legal right which may be protected, defended and enforced by appropriate legal methods in the courts of this state.</p> <p>5. In determining factional disputes in a political organization and the legality of party primaries and conventions, the courts will go as far. as the law goes, and protect all legal rights conferred by law upon all persons participating therein..</p> <p>6. Where the legislature of the state has regulated the method and manner of holding primary elections, the selection of delegates and the conduct and duty of conventions, the courts will not be governed or controlled by the action or decision of the party authorities in such matters, but will determine and protect the legal rights of the citizen participating therein.</p> <p>7. In a contest between two factions of a political party as to which is the regular organization and entitled to represent the party, the court will look to the law, and if the matter is regulated by law, the respective rights of the factions will be determin