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VAUGHN v. WAYNE COUNTY CLERK

No. 19 January Term 1974, Docket No. 55,531.

391 Mich. 1 (1974)

214 N.W.2d 320

VAUGHN v. WAYNE COUNTY CLERK

Supreme Court of Michigan.

Decided January 28, 1974.

Attorney(s) appearing for the Case

Sol Plafkin, for plaintiffs.

Aloysius J. Suchy, Corporation Counsel, George H. Cross, Chief Assistant Corporation Counsel, and Don W. Atkins, Assistant Corporation Counsel, for defendant.

Amicus Curiae: Foster, Lindemer, Swift & Collins, P.C., and Tom Downs, for Legislative Council.

J.W. FITZGERALD, J.

The question presented to us for decision may be stated as:

Does the Michigan Constitution, 1963, art 4, § 91, prevent an otherwise qualified incumbent State Representative from being a candidate to fill a vacancy in the State Senate?

We conclude that it does not.

The office of State Senator is a part of the Legislature as is the office of State Representative. We read the bar of Const 1963...

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