Mr. Bailey's name appeared throughout this time on the voting lists as a qualified elector in his district; no formal objection to his qualifications was made to the Board of Canvassers, Board of Elections or House of Representatives by any qualified elector of the 19th Representative District. However, allegations concerning Mr. Bailey's qualifications were contained in a letter to the Board of Elections from Colonel Walter E. Stone of the State Police, and the board held a hearing on these allegations. The board unanimously decided it had no jurisdiction to question his qualifications as an elector and subsequently certified Mr. Bailey's name as a duly elected representative from the 19th district to the Secretary of State.
On January 2, 1977, a special informal meeting was held by prospective members of the House. At this meeting, Mr. Bailey and the other members-elect were informed that an objection might be made to his qualifications by prospective house members on the ground that he might possibly be in violation of art. XXXVIII of amendments to the Constitution of this state "in that an act he allegedly committed in 1962 was or might be in violation of this 1973 Amendment." On the following day, two prospective members filed such objections.
Mr. Bailey further alleges that on January 4, 1977, the Secretary of State refused to perform his ministerial duty under art. *205 IX, § 5 of the state Constitution by refusing to administer the oath of office to Mr. Bailey.