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HENRY v. YSURSA

No. 35580.

231 P.3d 1010 (2008)

In the Matter of the Petition for an Alternative or Peremptory writ of Prohibition. Patrick Brian HENRY, Chris L. Henry, Vince E. Carlson, Cole Shane Odom, Eugene L. Rice, Al Holl, Doug Bunch, Royce Neil Fifer, David Parrie, and Bob Prigg, qualified electors of the State of Idaho, for and on behalf of themselves and all qualified electors of the State of Idaho, Petitioners, v. The Honorable Ben YSURSA, Secretary of State of the State of Idaho, Respondent. and Idaho Republican Party, Intervenor,

Supreme Court of Idaho, Boise, September 2008 Term.

September 24, 2008.

Attorney(s) appearing for the Case

Dennis J. Sallaz, Boise, for petitioners.

Charles F. McDevitt, Boise, for intervenor.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Michael S. Gilmore, Deputy Attorney General, argued.

EISMANN, Chief Justice.

This is a petition for a writ of prohibition to keep the Secretary of State from placing the name of Rex Rammell on the 2008 general election ballot for the office of United States Senator. Because the Secretary of State is required by statute to place Rammell's name on the ballot, the Secretary will not be exceeding his powers in doing so. Therefore, we deny the petition for a writ of prohibition.

I. FACTS AND PROCEDURAL HISTORY<...

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