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KELLER v. SMITH

No. 13382.

553 P.2d 1002 (1976)

Robert S. KELLER, Plaintiff and Petitioner, v. Ethyl SMITH, In her capacity as Clerk and Recorder of Flathead County, Montana, Defendant and Respondent.

Supreme Court of Montana.

Argued August 10, 1976.

Attorney(s) appearing for the Case

Robert S. Keller, pro se.

Robert Woodahl, Atty. Gen., William Anderson, Asst. Atty. Gen., argued, Helena, Patrick M. Springer, County Atty., Stewart A. Pearce, II, Deputy County Atty., appeared, Kalispell, for defendant and respondent.

Daniel J. Shea, argued, Missoula, amicus curiae.

HASWELL, Justice.

This is an original proceeding seeking a declaratory judgment from this Court on the constitutionality of sections 23-4510.1 and 23-4510.2, R.C.M. 1947. These statutes provide for a general election ballot on retention or rejection of all unopposed incumbent district court judges and supreme court justices seeking election.

Petitioner is Robert S. Keller, a voter, resident and taxpayer of Flathead County, Montana. Defendants who have entered...

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