Andrews v. Valdez

Opinion

KITCHING, J.

Introduction

The trial court correctly issued a peremptory writ of mandate ordering the Los Angeles County Registrar to accept plaintiff’s ballot designation of her occupation as “administrative law judge.” That ballot designation reflects a title authorized by statute, accurately describes plaintiff’s occupation, and does not mislead voters. We therefore affirm the judgment.

On March 21, 1994, plaintiff Deborah B. Andrews (Andrews) filed a petition seeking a peremptory writ of mandate ordering defendant Beatriz Valdez, Los Angeles County Registrar/Recorder (Valdez), to designate Andrews’s occupation on the June 7, 1994, ballot as “administrative law judge.”

Andrews was a candidate for judge of the Long Beach Municipal Court. She designated her principal occupation as “administrative law judge,” which is her full-time, current principal occupation. She was appointed under the authority of the California Unemployment Insurance Appeals Board.

[494]

Valdez, the officer responsible for approving and disapproving ballot designations, rejected Andrews’s designation as impermissible under California Elections Code section 10211. The petition alleged that Valdez’s office required Andrews either to leave the ballot designation blank or to create an alternative principal occupation that did not include the word “judge.”

Following a March 24, 1994, hearing, the trial court’s judgment granting a peremptory writ of mandate ordered Valdez to accept the ballot designation “administrative law judge.” Valdez filed a notice of appeal on April 22, 1994.

Issue

Valdez claims that Elections Code section 10211, subdivision (b)(1)

1

and

Luke

v.

Superior Court

(1988) 199 Cal.App.3d 1360 [245 Cal.Rptr. 594]