White v. Manchin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that election contest statute does not eliminate use of proceedings for mandamus, quo warranto, or prohibition as means for resolving questions relating to qualifications of candidates for office
• “Turning to the issue of the term ‘resident’ as used in [the West Virginia Constitution], we note initially that in West Virginia, the term ‘residence’ is synonymous with the term ‘domicile’ for election law purposes.”
• applying strict scrutiny based on the fundamental right “to become a candidate for public office” but upholding state constitutional requirement that state senators have resided in their district for at least one year before their election
• applying strict scrutiny based on the fundamental right “to become a candidate for public office” but upholding state constitutional require- ment that state senators have resided in their district for at least one year before their election
• “Domicile is a combination of residence (or presence) and an intention of remaining. If domicile has once existed, mere temporary absence will not destroy it, however long continued.” (internal quotations and citation omitted)
• affirming one year residential requirement for state senator

Source: CourtListener parenthetical corpus (CC0).