Malinou v. LaFrance

271 A.2d 808, 108 R.I. 42, 1970 R.I. LEXIS 701

Opinions

Kelleher, J.

This is an appeal by the plaintiff from a judgment of the Superior Court denying and dismissing a civil action wherein the plaintiff alleged that certain portions of G. L. 1956, chap. 15 of title 17 dealing with the positioning and placing of candidates on the primary election ballot were in violation of the equal protection clause of the fourteenth amendment of the United States Constitution. The plaintiff here is the petitioner in Malinou v. Board of Elections, 108 R. I. 20, 271 A.2d 798. His complaint was brought on the assumption that he would be a candidate in the Democratic Party Primary of September 15, 1970. Since we have affirmed the Board of Elections’ finding that the plaintiff failed to qualify as a candidate in the primary, the issues raised in this appeal are moot.

The plaintiff’s appeal is denied and dismissed.