Constitutional Law-Elections-Jurisdiction of State Courts to Entertain Actions Arising Out of Congressional Elections

Authors

C. Douglas Kranwinkle, University of Michigan Law SchoolFollow

Abstract

Relator was the losing candidate in an election for the office of Representative to the United States Congress. He commenced proceedings in the House, pursuant to statute, contesting the seating of his opponent, and petitioned the Minnesota Supreme Court to enjoin and restrain the Minnesota Secretary of State from issuing a certificate of election until the contest was finally determined. Relator based his petition on a Minnesota statute which provides that the Secretary of State may not issue a certificate of election in case of a contest until it has been determined by the proper court. A temporary injunction and order to show cause were directed to the Secretary of State, requiring him to appear and answer relator's petition. Relator's opponent in the election entered as respondent. On final hearing, held, writ vacated, two justices concurring specially. The Minnesota statute does not apply to a contest instituted in the House of Representatives; state courts are constitutionally divested of jurisdiction to entertain cases contesting congressional elections. Odegard v. Olson, 119 N.W.2d 717 (Minn. 1963).

Recommended Citation

C. D. Kranwinkle, Constitutional Law-Elections-Jurisdiction of State Courts to Entertain Actions Arising Out of Congressional Elections, 62 Mich. L. Rev. 893 (1964).
Available at: https://repository.law.umich.edu/mlr/vol62/iss5/8