Ibarra

Plaintiff and appellant Thomas Ibarra is the named proponent of a municipal initiative measure which he seeks to submit to the voters of the City of Carson. Defendant and respondent Helen S. Kawagoe, as City Clerk of the City of Carson, certified to defendant and respondent City Council of the City of Carson that the proponents had failed to collect enough valid voter signatures on the initiative petition to qualify it for the ballot at the next municipal election. Contending that the city clerk misinterpreted the election laws, appellant petitioned the superior court for a writ of mandate to compel placing the measure on the ballot. The trial court denied the petition, concluding that appellant had not proved that sufficient legally valid signatures were collected. Appellant appeals.

One issue is dispositive. Under Elections Code section 4003, subdivision (b), the proponents of the initiative were required both to publish in the newspaper and to post in three public places within the city a notice of intention to circulate the petition. The proponents began circulating the petition before complying with the posting element of this requirement. It is undisputed that if,…