State Ex Rel Sandy v. Johnson

Petition for Writ of Mandamus WRIT GRANTED AS MOULDED Submitted: September 24, 2002 The relator, Larry R. Sandy, seeks a writ of prohibition from this Court against the Honorable Gary L. Johnson, sitting by designation as Judge of the Circuit Court of Webster County, in order to prohibit the enforcement of the circuit court's order directing the Ballot Commissioners of Webster County to remove Larry R. Sandy's name from the official ballot for the November 5, 2002, general election as the Democratic candidate for the office of County Commissioner. The circuit court's order was based on its finding that Sandy was ineligible to be a candidate for the office of county commissioner due to his failure to meet the residence requirement for that office. On September 25, 2002, this Court entered an order by which a writ of mandamus, as moulded, was awarded. 1 Specifically, the Court directed the ballot commissioners of Webster County to include the name of Larry R. Sandy on the ballot as Democratic candidate for the office of county commissioner of Webster County. The Court noted in its order that the syllabus points adjudicated would be prefixed to a written opinion which would follow in due course.