Bill

I dissent. I agree with the majority’s analysis that “[ajppellants advance two theories: (1) under the statute, supervisorial *539 candidates in some counties encounter a lesser signature requirement for their ‘in lieu’ petition than supervisorial candidates in other counties; and (2) the signature requirement for counties such as Sonoma is so onerous and impractical that few, if any, candidates can gain access to the ballot through the petition procedure, leaving the ballot accessible only to those candidates who are able to pay the filing fee.”

I

Speaking to the second theory first, I also agree that appellants were required to make an evidentiary showing that they had exercised “reasonable diligence” in their attempt to collect 1,758 signatures in lieu of the $439.40 filing fee otherwise required for the supervisorial candidacy of appellant Bill. I do not agree with the majority’s stated interpretation of the record that “[tjhere was no evidence of how diligent an effort was made to gather the required showing of support or of how close the candidates came to collecting the requisite number of signatures.”

The “how close” factor is irrelevant: “how close the candidates came”…

Robert W. Bill and associated plaintiffs have appealed from a judgment denying declaratory and injunctive relief sought against Eugene D. Williams, County Clerk of the County of Sonoma. The action challenged the requirement that appellant Bill pay a filing fee or in lieu thereof submit a petition containing the signatures of 1,758 registered voters, to qualify for a place on the ballot as a candidate for the office of supervisor. After a temporary restraining order had been granted, appellants' request for a preliminary injunction was submitted on the pleadings; no evidence was presented. The court denied a preliminary injunction and dissolved the temporary restraining order. Upon stipulation of the parties, the court treated that disposition as a determination of the merits of the cause of action and judgment of dismissal was rendered. The present appeal followed.

Declarations were filed in support of the application for a temporary restraining order. But neither those declarations nor any other evidence was offered at the hearing on the order to show cause for preliminary injunction. Nevertheless, the facts stated in the declarations will be related to…

Robert W. Bill and associated plaintiffs have appealed from a judgment denying declaratory and injunctive relief sought against Eugene D. Williams, County Clerk of the County of Sonoma. The action challenged the requirement that appellant Bill pay a filing fee or in lieu thereof submit a petition containing the signatures of 1,758 registered voters, to qualify for a place on the ballot as a candidate for the office of supervisor. After a temporary restraining order had been granted, *534 appellants’ request for a preliminary injunction was submitted on the pleadings; no evidence was presented. The court denied a preliminary injunction and dissolved the temporary restraining order. Upon stipulation of the parties, the court treated that disposition as a determination of the merits of the cause of action and judgment of dismissal was rendered. The present appeal followed.

Declarations were filed in support of the application for a temporary restraining order. But neither those declarations nor any other evidence was offered at the hearing on the order to show cause for preliminary injunction. Nevertheless, the facts stated in the declarations will be related to illustrate…