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Strode v. Sullivan

Supreme Court of Arizona

October 3, 1951

STRODE et al.
v.
SULLIVAN, City Clerk, City of Phoenix

Writ denied.

W. H. Chester, of Phoenix, for petitioners.

Laurence H. Whitlow, City Atty., Jack D. H. Hays, Asst, City Atty., of Phoenix, for respondent.

La Prade, Justice. Udall, C. J., and Stanford, Phelps, and De Concini, JJ., concur.

OPINION

La Prade, Justice.

Page 49

[72 Ariz. 361] This is an original proceeding in mandamus commenced by the petitioners, qualified electors of the City of Phoenix, for themselves and in behalf of others similarly situated. The purpose of the proceeding is to compel the respondent, Tom Sullivan, Jr., in his capacity as City Clerk of the City of Phoenix, to accept certain petitions which the petitioners had theretofore attempted to lodge with the city clerk for the purpose of creating a new political party to be called "The Democratic Party of the City of Phoenix", and have such party designated on the official ballots. It is alleged that these petitions were authorized and prepared in conformity with the provisions of chapter 97, Session Laws of Arizona, 1947, entitled:

"An Act Relating To Elections; Providing For The Recognition Of New Political Parties, And Amending Section 55-1006, Arizona Code Of 1939."

This section, as amended, in part reads as follows:

[72 Ariz. 362] "55-1006. New Political Parties. (a) A political organization which, at the last preceding general election, cast for its candidates for state office, or for any county or city office, not less than five per cent of the total votes cast in the state or in such county or city, shall be entitled to representation as a political party on the official ballot for state officers, or of such county or local subdivision. (Emp.sup.)

"(b) A new political party shall become eligible for recognition and shall be represented by an official party ballot at the next ensuing general primary election and accorded a column on the official ballot at the succeeding general election * * *.

"(c) A new political party shall become eligible for recognition and shall be represented by an official party ballot at the next ensuing primary election of a county or city and be placed on the official ballot at the succeeding regular election upon filing with the clerk of the board of supervisors or the city clerk of such county or city a petition signed by a number of qualified electors equal to not less than three per cent of the votes cast for ...


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