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PHELPS v. SHANAHAN

No. 46,943

210 Kan. 605 (1972)

502 P.2d 768

FRED W. PHELPS, Appellant, v. ELWILL M. SHANAHAN, Appellee.

Supreme Court of Kansas.

Opinion filed November 4, 1972.

Attorney(s) appearing for the Case

F.G. Manzanares, of Topeka, argued the cause and was on the brief for the appellant.

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

The opinion of the court was delivered by

FOTH, C.:

This case involves the eligibility of a candidate at the election of November 7, 1972. Because of the imminence of that election, we announced our decision on September 28, 1972. This opinion is intended to explain the reasoning which led to that decision.

At issue is the interpretation of that part of section 2 of chapter 71, 1972 session laws of Kansas, which prescribes the qualifications for nomination...

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