STATE EX REL. SOC. WKRS. PARTY OF MO. v. KIRKPATRICK

No. 58784.

513 S.W.2d 346 (1974)

STATE of Missouri ex rel. SOCIALIST WORKERS' PARTY OF MISSOURI, and Barbara Mutnick, Relators, v. James C. KIRKPATRICK, Secretary of State, State of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

September 11, 1974.


Attorney(s) appearing for the Case

Robert M. Sears, St. Louis, Steven K. Brown, University City, for relators.

John C. Danforth, Atty. Gen., John C. Klaffenbach, C. B. Burns, Jr., Asst. Attys. Gen., Jefferson City, for respondent.


HOLMAN, Judge.

This is an original proceeding in mandamus. Relators seek to require the Secretary of State to review their nominating petition and to determine whether it contains a sufficient number of signatures of "qualified voters" to warrant inclusion on the ballot for the general election to be held on November 5, 1974. The question presented for decision is whether the persons signing said petition must be registered voters.

The nominating petition...

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