GARRISON v. MERCED

No. 92-P-1010.

33 Mass. App. Ct. 116 (1992)

596 N.E.2d 404

ALTHEA GARRISON vs. NELSON MERCED & another

Appeals Court of Massachusetts, Suffolk.

July 30, 1992.


Attorney(s) appearing for the Case

William P. Lee for State Ballot Law Commission.

Burton A. Nadler for Nelson Merced.

Denise M. Leydon for the plaintiff.

Present: WARNER, C.J., FINE, & PORADA, JJ.


PORADA, J.

At issue in this appeal is whether the failure of a candidate for State representative in a State primary to designate the political party (Democratic) whose nomination he seeks on one of his nomination papers as required by G.L.c. 53, § 45, is fatal to having his name printed on the ballot at the primary election. The State Ballot Law Commission (commission) ruled that, absent proof that the voters who signed the nomination paper were misled, it was...

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