Reites v. Wilkerson

THE COURT.

This is an original proceeding in this court against the City Clerk of the City of Los Angeles to compel him to examine certain recall petitions to determine whether the same are signed by the requisite number of qualified electors and certify the results of such examination to the city council. Respondent city clerk has filed a demurrer and answer to the petition filed herein.

It is agreed that to call an election for the recall of Mayor Fletcher Bowron of Los Angeles, it is necessary to have upon the petition therefor at least 89,497 names, qualified in accordance with the provisions of the city charter. A petition for recall was filed containing 129,662 purported signatures. The petition consisted of 1,743 sections.

Five hundred nine-three of these sections were declared invalid by the superior court, which by its judgment directed the city clerk not to count the 50,734 names thereon. Subtracting 50,734 from 129,662 leaves 78,928 names, or not enough to call the election.

The sections ruled out appeared to be proper as to form. They were adjudged insufficient because the affidavits of the persons circulating the petitions failed to certify them in accordance with the provisions of the city charter.

A recall in a chartered city is a municipal affair.

(Muehleisen

v.

Forward,

4 Cal.2d 17 [46 P.2d 969].)

The city clerk is the exclusive judge of the sufficiency of recall petitions in all particulars and courts are excluded

[829]

from inquiry concerning them.

(Baines

v.

Zemansky,

176 Cal. 369 [168 P. 565].)

Of course, the duty of the city clerk is to be performed impartially and if done fraudulently or arbitrarily, his action may be controlled by mandamus.