Walter John Harris v. Joseph L. Donovan

Supreme Court of Minnesota

Walter John Harris v. Joseph L. Donovan

129 N.W.2d 797, 269 Minn. 574, 1964 Minn. LEXIS 816

CourtSupreme Court of Minnesota

DecidedJuly 31, 1964

Docket39,594

StatusPublished

Cited by4 cases

This text of 129 N.W.2d 797 (Walter John Harris v. Joseph L. Donovan) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walter John Harris v. Joseph L. Donovan, 129 N.W.2d 797, 269 Minn. 574, 1964 Minn. LEXIS 816 (Mich. 1964).

Pincite

Opinion

Per Curiam.

Pursuant to Minn. St. 203.38, petitioner seeks an order requiring the secretary of state to accept his affidavit of candidacy for nomination as Republican representative in Congress for the Eighth Congressional District in the primary election to be held September 8, 1964.

The statutory deadline for the secretary of state’s acceptance of the affidavit was 5 p. m., Tuesday, July 14, 1964. §§ 202.04, subd. 1, and 202.06, subd. 2. On Monday, July 13, 1964, at 11 a. m., petitioner took the affidavit to the main post office at Duluth, Minnesota, for mailing to the secretary of state, and was assured by the postal clerk that it would be delivered the following morning. At 9 p. m. on Tuesday, July 14, 1964, some 4 hours after the statutory deadline, petitioner discovered that the affidavit had not left the Duluth post office. It was, therefore, not presented to the office of the secretary of state until Wednesday, July 15, 1964.

Minn. St. 202.06, subd. 2, prohibits the secretary of state from receiving affidavits of candidacy after the statutory deadline has elapsed. Depositing the affidavit in the United- States post office does not constitute filing within the meaning of the statute. State ex rel. O’Hearn v. Erickson, 152 Minn. 349, 188 N. W. 736. The petition is therefore denied. '

Petition denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Pursuant to Minn. St. 203.38, petitioner seeks an order requiring the secretary of state to accept his affidavit of candidacy for nomination as Republican representative in Congress for the Eighth Congressional District in the primary election to be held September 8, 1964.

The statutory deadline for the secretary of state’s acceptance of the affidavit was 5 p. m., Tuesday, July 14, 1964. §§ 202.04, subd. 1, and 202.06, subd. 2. On Monday, July 13, 1964, at 11 a. m., petitioner took the affidavit to the main post office at Duluth, Minnesota, for mailing to the secretary of state, and was assured by the postal clerk that it would be delivered the following morning. At 9 p. m. on Tuesday, July 14, 1964, some 4 hours after the statutory deadline, petitioner discovered that the affidavit had not left the Duluth post office. It was, therefore, not presented to the office of the secretary of state until Wednesday, July 15, 1964.

Minn. St. 202.06, subd. 2, prohibits the secretary of state from receiving affidavits of candidacy after the statutory deadline has elapsed. Depositing the affidavit in the United- States post office does not constitute filing within the meaning of the statute. State ex rel. O’Hearn v. Erickson, 152 Minn. 349, 188 N. W. 736. The petition is therefore denied. '

Petition denied.

Cite This Page — Counsel Stack

Bluebook (online)

129 N.W.2d 797, 269 Minn. 574, 1964 Minn. LEXIS 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walter-john-harris-v-joseph-l-donovan-minn-1964.

Opinion

Related

Cite This Page — Counsel Stack