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BENESCH v. MILLER

No. 1058.

446 P.2d 400 (1968)

Walter BENESCH, Gordon Carlson, David Gray and Guy Richard Martin, a/k/a A.M. U. — U. of A. Gruening Write-in Committee, Petitioners, v. Keith H. MILLER, Secretary of State for the State of Alaska, Respondent.

Supreme Court of Alaska.

October 22, 1968.

Attorney(s) appearing for the Case

Allen McGrath, Anchorage, for petitioners.

G. Kent Edward, Atty. Gen., Juneau, Dorothy A. Haaland, Asst. Atty. Gen., Anchorage, for respondent.

Before NESBETT, C.J., DIMOND and RABINOWITZ, JJ.

OPINION

NESBETT, Chief Justice.

Ernest Gruening, a duly elected United States Senator for Alaska, was an unsuccessful candidate for party nomination at the primary election held on August 27, 1968. Petitioners are members of a committee formed for the purpose of supporting and advocating his write-in candidacy for the office at the general election to be held on November 5, 1968.

AS 15.15.360(11), which provides that a write-in vote for a person...

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