Kellam

Petitioner Lawrence Kellam (Kellam) sought the office of Assemblyman from the 44th District in the special primary election held May 31, 1977, as an independent candidate. He was informed by the Registrar-Recorder for the County of Los Angeles that he must obtain 500 valid signatures of registered voters from the 44th Assembly District before his name could be placed on the ballot. He subsequently submitted petitions to the registrar, who found only 456 signatures valid and therefore declined to certify Kellam’s candidacy. Petitioners then filed their petition for writ of mandate in the Los Angeles Superior Court, contending that the Secretary of State had erred in interpreting California Elections Code section 7201 as ultimately requiring independent candidates for a special primary election to submit 500 valid signatures pursuant to Elections Code section 6831, while qualified party candidates need submit only 40 signatures. In the alternative, petitioners claimed that relevant statutory provisions for special elections are unconstitutional, if the interpretation by respondent was allowed to stand, in that section 6831 discriminates against independent candidates. An…