Rhodes

Petitioner seeks a writ of mandate directing respondent superior court to order the plaintiffs in an action under the Political Reform Act of 1974 to post a bond in a reasonable amount to cover petitioner’s costs as a party defendant therein.

We issued an alternative writ of mandate in order to consider and determine the constitutionality of the bond provision of Government Code section 91012.

The proceedings giving rise to the present controversy may be summarized. Petitioner, the Mayor of Fremont, is a defendant in an action brought by two private citizens to challenge petitioner’s compliance with the requirements of the Political Reform Act for filing statements of economic interest. Petitioner’s statement was due April 1, 1978. The lawsuit was originally filed to require petitioner to file his statement. He did so on June 5, 1978, and thereafter moved to dismiss the complaint as moot. Plaintiffs objected that his statement failed to satisfy statutoiy requirements. The trial court denied the motion to dismiss and on September 19, 1978, this court denied a writ petition by petitioner to overturn that trial court decision (1 Civ. 45040).

This petition challenges a…