Friends of Assemblywoman Marian W. La Follette v. Superior Court

Petitioner, an unincorporated political committee supporting a member of the California State Assembly who is a candidate for an additional term in office, seeks a writ of mandate or prohibition against respondent superior court to command respondent to dissolve a preliminary injunction entered by it on June 17, 1982. Respondent issued the injunction at the request of real party in interest Steven Afriat (herein real party), who is the General Election opponent of Assemblywoman Marian La Follette in the 1982 General Election for State Assembly in the 38th District.

The preliminary injunction provides that petitioner is enjoined and restrained from:

At issue is the question: Is a person who is an incumbent for ballot designation purposes under Elections Code section 10212, a representative who may service all residents of that newly reapportioned district even though the new district includes geographic territory from which the official was not elected at the prior General Election?

We answer that question in the affirmative and direct respondent court to vacate its injunction.

Facts

Based on the declarations filed with the trial court, it appears that in the General…