Foote v. Hite

ASHBURN, J. This proceeding was instituted by a petition designated as an “Application pursuant to § 2900 of the [763]Elections Code,”1 and praying for mandamus requiring respondent Hite, as Registrar of Voters, to furnish to petitioner a declaration of candidacy and to accept same together with the appropriate filing fee. We issued an order to show cause.

Petitioner alleges that he is and has been a registered voter in Los Angeles County since 1954; on March 22 and March 29, 1960, he applied to respondent for a declaration of candidacy for the office of Representative in Congress and tendered the necessary fees; respondent refused to accept the fees or issue the declaration of candidacy; it is the registrar’s duty under section 2670.1, Elections Code,2 to issue such forms to any candidate3 who shall apply for same and tender the necessary fees; also his duty under section 2628 to accept the completed declaration and transmit same to the Secretary of State for filing; that petitioner is thus being deprived of the opportunity to run for Congress in his own district. The petition does not state petitioner’s party affiliation or comply with section 2501 which was enacted in 1959 and says: “No declaration of candidacy for a partisan office, either by the candidate himself or by sponsors on his behalf, shall be filed unless at [764]the time of presentation of the declaration and continuous^ for not less than three months immediately prior thereto, the candidate is shown by his affidavit of registration to be affiliated with the political party the nomination of which he seeks.”

Respondent’s return raises this point and shows that petitioner registered as affiliated with the Constitutional party in 1957 and so remained until February 28, 1960, when he registered as a Republican; this was less than three months prior to April 1, 1960, the last day for filing a declaration of candidacy. The truth of this is admitted by petitioner’s counsel. We are persuaded that petitioner’s inability to meet the requirement of section 2501 defeats his present application.

His contention that the registrar has a mandatory administrative duty to issue the form for declaration of candidacy and that this can be compelled by court action does not appeal to our notion of proper procedure. Although section 2670.1 says that “ [s]uch forms shall be distributed without charge to all such candidates applying therefor” upon prepayment of filing fees, section 2501 prohibits the filing of the completed declaration unless it discloses at least three months of affiliation with the political party whose nomination he seeks. Hence the requirement in this case of issuance of the blank form could accomplish nothing beneficial to anyone. It might complicate and delay the preparation and printing of ballots and otherwise work harm.