STATE v. FIORINA

No. 6831.

355 P.2d 497 (1960)

67 N.M. 366

State of New Mexico ex rel. M.E. NOBLE, Petitioner, v. Betty FIORINA, Secretary of State of the State of New Mexico, Respondent.

Supreme Court of New Mexico.

September 24, 1960.


Attorney(s) appearing for the Case

Standley & Kegel, Santa Fe, for petitioner.

Robert E. Fox, Melvin Yost, Santa Fe, amici curiae.

Hilton A. Dickson, Jr., Atty. Gen., Boston E. Witt, F. Harlin Flint, Assts. Atty. Gen., for respondent.


CARMODY, Justice.

This is an original proceeding in mandamus, instituted to require the respondent to place the name of the petitioner on the ballot to be voted on at the general election in November of 1960.

Briefly, the facts giving rise to the controversy are that the New Mexico primary election, at which time the major political parties nominated their candidates to run in the general election was held in May of 1960. In that primary, there were two positions...

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