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PARKER v. NOBLES

No. B-3801.

496 S.W.2d 921 (1973)

John PARKER et al., Appellants, v. Edward B. NOBLES, Judge, et al., Appellees.

Supreme Court of Texas.

June 13, 1973.

Attorney(s) appearing for the Case

McDonald & McDonald, Gabrielle K. McDonald, Houston, for appellants.

Tom Curtis, Dist. Atty., Naomi Harney, County Atty., Amarillo, for appellees.

DANIEL, Justice.

This is a direct appeal to this Court under Article V, Section 3-b of the Constitution of the State of Texas, Article 1738a and Rule 499a1 challenging the constitutionality of Article 8.22(a), V.A.T.S., of the Texas Election Code, which provides as follows:

"(a) If a nominee dies or declines the nomination before the election, or is declared ineligible to be elected...

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