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MEYERS v. ROBERTS

No. 46439.

246 N.W.2d 186 (1976)

David MEYERS, et al., Appellants, v. Ken W. ROBERTS, Nobles County Auditor, Respondent.

Supreme Court of Minnesota.

September 24, 1976.

Attorney(s) appearing for the Case

James H. Manahan, Mankato, for appellants.

Warren Spannaus, Atty. Gen., Richard G. Mark, Asst. Sol. Gen., Thomas H. Jensen, Sp. Asst. Atty. Gen., St. Paul, Harris I. Darling, County Atty., Worthington, for respondent.

Considered and decided by the court en banc.

TODD, Justice.

In the election of November 5, 1974, plaintiff David J. Meyers ran for the office of court commissioner of Nobles County. Although Meyers' name was not included on the ballot, he received 275 write-in votes of a total of 413 votes cast. The Nobles County auditor, defendant in the case at bar, refused to certify Meyers as elected to the office because Meyers was born on March 11, 1955, and would not be 21...

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