Eu

This appeal challenges the constitutionality of Elections Code section 7203, on equal protection and due process grounds. To pinpoint the problem: the section, by its wording, prevents an independent candidate in a special election from participating in a runoff election when no candidate receives a majority vote in the primary election.

The underlying facts to this appeal are as follows: In accordance with the laws governing an Assembly vacancy the Governor called a special election for the 44th Assembly District to fill an unexpired term ending December 4, 1978. Petitioner Lawrence Kellam’s name appeared on the ballot for the special primary election held May 31, 1977, pursuant to an order of the Los Angeles Superior Court. (See companion case Kellam v. Eu (1978) ante, p. 463 [ 147 Cal.Rptr. 884 ].) Kellam was the only independent candidate in a field of 13, and he placed 11th, receiving 193 of 48,130 votes cast. Because no candidate received a majority in this primary election, the leading Democrat who placed first among the thirteen candidates, and the leading Republican who placed fourth, were named on the general election ballot. Petitioner Kellam was notified that…