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MATHESON v. MONSON

No. 16078.

588 P.2d 147 (1978)

Scott M. MATHESON, Governor of the State of Utah, Plaintiff and Respondent, v. David S. MONSON, Lt. Governor and Secretary of State of Utah, W. Sterling Evans, Clerk of Salt Lake County, State of Utah, Dennis D. Ewing, Clerk of Tooele County, Reed D. Pace, Clerk of Summit County, and Homer F. Wilkinson, an Individual, Defendants and Appellants.

Supreme Court of Utah.

November 24, 1978.

Attorney(s) appearing for the Case

Richard J. Carling and Kent Shearer, David L. Wilkinson, Asst. Atty. Gen., James B. Lee and James M. Elegante, Salt Lake City, for defendants and appellants.

Robert B. Hansen, Atty. Gen., Michael L. Deamer, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

MAUGHAN, Justice:

In this action we are asked to determine the validity and effect of Section 20-1-7.7(6)(2) of the Utah Code Annotated, which provides in relevant part:

(6) In cases where one or more members of the bar have filed a declaration of candidacy against a justice or judge who has filed a declaration of candidacy, then ... * * * * * * (2) if one or more candidates die, resign or become disqualified prior to the general election...

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