Cathey v. Weissburd

Opinion

THE COURT.* The petition for a writ of mandate or other extraordinary relief, filed May 12, 1988; the opposition of real party Barry J. Glanell, filed May 19, 1988; the opposition of respondent, filed May 19, 1988; petitioners’ reply, filed May 20, 1988; the response of real party R. Thomas Wire, filed May 31, 1988; the response of real party Barry J. Glanell, filed June 9, 1988; and the response of respondent, filed June 13, 1988, have been read and considered.

Facts

In an original proceeding before this court, petitioners, candidates for two municipal court offices in the June 7, 1988, primary election, requested that this court order respondent Registrar/Recorder of the County of Los Angeles (Registrar) to save, count, report and certify the results of the scheduled election of June 7, 1988, for Judge of the Municipal Court, Los Angeles Judicial District, Office No. 4 and Office No. 6.

Petitioner Juelann Cathey and real parties in interest R. Thomas Wire and Barry J. Glanell are candidates for Office No. 4 for Judge of the Municipal Court of the Los Angeles Judicial District; petitioners Robert Zakon and John Gunn are candidates for Office No. 6 for Judge of the Municipal Court of the Los Angeles Judicial District. Petitioners Gunn and Zakon each paid $21,000 to the Registrar to have candidate’s statements printed and mailed to registered voters in the Los Angeles Judicial District.

The incumbent of Office No. 4, Judge Harold J. Sinclair, retired effective April 29, 1988; and the incumbent of Office No. 6, Judge James E. Satt, retired effective March 31, 1988. The Registrar informed the candidates by letter that, since each of the offices was vacated between the last day to file nomination documents and the primary election date of June 7, 1988, the election for these offices was to be postponed until the general election on November 8, 1988, pursuant to Government Code section 71180, subdivision (b).1 While the names of the candidates would appear on the sample [985]and official ballots, and the votes would be counted, the votes would not be reported nor certified. The candidates would be required to refile nomination documents between July 18 and August 12, 1988, for the November general election, but no additional filing fees would be required. Petitioners Gunn and Zakon were further informed that the fee of $21,000 for the candidate’s statement would not be refunded, there being no statutory basis for so doing.