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STATE EX REL. BILLING v. POINT PLEASANT

No. 22837.

460 S.E.2d 436 (1995)

194 W.Va. 301

STATE of West Virginia ex rel. Brian BILLINGS, Relator, v. The CITY OF POINT PLEASANT, a Municipal Corporation; Marilyn McDaniel, City Clerk; Russell Holland, Mayor of the City of Point Pleasant, and All Council Members of the City of Point Pleasant, Respondents.

Supreme Court of Appeals of West Virginia.

Decided May 18, 1995.

Attorney(s) appearing for the Case

James M. Casey, Point Pleasant, for relator.

Barry L. Casto, Casto & Casto, Point Pleasant, for respondents.

CLECKLEY, Justice:

In this original mandamus proceeding, the relator challenges the constitutionality of W.Va.Code, 3-5-7(b)(6) (1991), which provides that a candidate for public office must file with a designated clerk a "certificate of announcement" that includes the name of the candidate's political party and a statement verifying that he or she "has not been registered as a voter affiliated with any other political party for a period of sixty days before the day...

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