J. Argyle Jordan v. C. Kelly Pearce

During the 1966 election year, respondent-defendant C. Kelly Pearce declared his candidacy and ran for the office of the Probate Judge of Bannock County while still occupying the appointive office of County Probation Officer of that county. During that year respondent-defendant Emmette Spraker declared his candidacy and ran for the office of Clerk of the District Court of Bannock County while still serving as Chairman of the Board of County Commissioners of that county, an elective office, and respondent-defendant W. H. Jensen declared his candidacy and ran for the office of Representative to the Legislature from the representative district of that county while he still served as Probate Judge of that county, an elective office. J. Argyle Jordan, appellant herein, brought this action in 1966 to have each respondent declared to be ineligible to be a candidate for the respective office he sought. Appellant brought the action as a resident, taxpayer and elector of Bannock County and also as a candidate for the office of Probate Judge. Inasmuch as each respondent has, since instituting this action, been elected to the office he sought, appellant on this appeal now seeks to have each respondent removed from his office on the ground that his candidacy was invalid. I.C. § 34-2001(2), § 34-2101(2).