Fay v. Merrill

Summary

The court dismissed the plaintiffs’ original proceeding because a federal congressional primary is not an “election” within the meaning of the statute authorizing direct Supreme Court review. It held that challenges arising from such a primary must be brought in the Superior Court under the statute governing primary disputes, and it declined to transfer the case there under the cited appellate transfer rule. The court therefore did not reach the merits of the plaintiffs’ constitutional and executive-order challenges.