SWAINSON, J.
On December 19, 1972, Coleman Young attempted to file nominating petitions and a filing fee as a candidate for Mayor of Detroit in the primary election to be held on September 11, 1973. The filing was rejected by the defendant, City Clerk George Edwards, on the ground that Coleman Young, as an incumbent state senator, is barred from running for Mayor of Detroit by Const 1963, art 4, § 9, which provides:
"No person elected to the legislature...
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