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eBook details

• Title: Brian J. Bartley v. John G. Davis
• Author : En Banc Supreme Court of Delaware
• Release Date : January 22, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This appeal from the Court of Chancery arises out of a dispute between the two candidates for the Office of Attorney General in the Democratic Primary Election held on August 29, 1986. One of the candidates, Brian J. Bartley (Bartley), sought a judicial declaration that the other candidate, Charles M. Oberly, III, (Oberly), the incumbent Attorney General of Delaware, had not satisfied the legal requirements for registration of his candidacy because Oberly had not made timely payment of the required filing fee. Bartley also sought injunctive relief to prevent the State Election Commissioner, John G. Davis, Jr. (Davis), from certifying Oberly's candidacy in the primary election because of the alleged defective filing. The Chancellor, in an unreported opinion, concluded that Oberly's tender of the filing fee was not in technical compliance with the applicable statute, but had been made in good faith. He held that given the directory nature of the filing statute and the overriding public interest, Oberly's candidacy should be certified. We agree and affirm. I

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