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DOUVILLE v. DOCKING

No. 46,937

210 Kan. 285 (1972)

501 P.2d 778

ARTHUR W. DOUVILLE, Plaintiff v. GOVERNOR ROBERT DOCKING, ELWILL M. SHANAHAN, Secretary of State, CLAY HEDRICK, State Auditor, VERN MILLER, Attorney General, and ELWILL M. SHANAHAN, Secretary of State, CLAY HEDRICK, State Auditor, VERN MILLER, Attorney General, Sitting as Contest Board Pursuant to K.S.A. 25-308, and TONY F. BRAUCHI, Defendants.

Supreme Court of Kansas.

Opinion filed October 4, 1972.

Attorney(s) appearing for the Case

Arthur W. Douville, of Overland Park, argued the cause pro se, and Jim Wright of Topeka, was with him on the brief for plaintiff.

John Martin, assistant attorney general, argued the cause, and Vern Miller, attorney general, was with him on the brief for the state.

Robert F. Bennett, of Bennett, Lytle & Wetzler, of Prairie Village, argued the cause, and John L. Vratil, of the same firm, was with him on the brief for the defendant John T. Brauchi.

MEMORANDUM OPINION

ELECTIONS — Professional Title of Candidate on Ballot.

Per Curiam:

This is an original action in mandamus in which the plaintiff seeks to establish that despite losing the primary election of August 1, 1972, by two votes, he is nevertheless the lawful Republican nominee for representative to the Kansas legislature from the twentieth district. The state officials named as defendants are members of the state board...

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