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TOUHEY v. DONOVAN

No. 38,217.

259 Minn. 63 (1960)

105 N.W. (2d) 849

DOROTHY E. TOUHEY AND ANOTHER v. JOSEPH L. DONOVAN AND ANOTHER.

Supreme Court of Minnesota.

October 28, 1960.

Attorney(s) appearing for the Case

George H. Elwell, for appellants.

Walter F. Mondale, Attorney General, and Harold J. Soderberg, Assistant Attorney General, for respondent Donovan.

George M. Scott, County Attorney, and Douglas K. Amdahl, Assistant County Attorney, for respondent Fitzsimmons.

KNUTSON, JUSTICE.

Plaintiff James Malcolm Williams was a candidate for nomination for the United States Senate on the Republican ticket at the primary election held on September 13, 1960. Plaintiff Dorothy E. Touhey is an independent voter in the State of Minnesota. By this action, both challenge the constitutionality of Minn. St. 203.35, subd. 7, which reads:

"The party ballot shall be headed by the words, `Consolidated Primary Election Ballot.' Each political...

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