Mayock v. Kerr

THE COURT.

Petitioner seeks by writ of mandate to compel the respondent as Registrar of Voters of Los Angeles County to accept for filing and certification certain sections of a petition seeking to place upon the ballot at the next general election an initiative measure relating to the foreclosure of mortgages and trust deeds. The respondent refuses to accept the petition or to certify the names thereon, for the reason that there does not appear on the petition the precinct numbers of the respective signers thereof. It is the contention of petitioner that the duty of affixing the precinct numbers rests upon the Registrar of Voters and not upon the Signers or proponents of the petition. Respondent contends that the duty to affix such precinct numbers does not rest upon him, and that he cannot be compelled to certify any names unless such precinct numbers appear on the' petition. It should be noted that the respondent has offered to the proponents of the petition a reasonable time within which to place the precinct numbers thereon.

[173]

We are of the opinion that the respondent has properly refused to examine the petition and to certify the names thereon, when such precinct numbers do not appear on the face of the petition. The Constitution expressly provides in reference to referendum and initiative petitions (art. IV, sec. 1) that “each signer shall add to his signature his place of residence, giving the street and number if such exist.

His election precinct shall also appear on the paper after his name. . . .

This section is self-executing, but legislation may be enacted to facilitate its operation, but in no way limiting or restricting either the provisions of this section or the powers herein reserved.” Thus the Constitution itself provides that the precinct numbers must appear on the petition, and this must necessarily mean that such precinct numbers must appear on the petition at the time the petition is presented to the Registrar of Voters. Inasmuch as the Constitution plainly requires this information to appear on the petition it is needless to speculate as to why the framers of the Constitution saw fit to insert this limitation on the exercise of the right. The provision was probably inserted as a mechanical aid to the Registrar of Voters in investigating, identifying and verifying the persons and signatures of the purported signers. (See