MacKey

Malcolm H. Mackey is a judge of the Municipal Court of the Los Angeles Judicial District. He also is presently a candidate for election to office number three of the Superior Court of Los Angeles County. The primary election for that office is to be held on June 3, 1980.

On April 3, 1980, Judge Mackey filed a petition for a writ of mandate in the Supreme Court of California. By that petition he sought an order directed to the Registrar of Voters of Los Angeles County requiring the latter to print and mail Judge Mackey’s “candidate’s statement” which statement is authorized by Elections Code section 10012.

Judge Mackey alleged that the registrar had refused to accept his “candidate’s statement” without prepayment of the sum of $17,000. The registrar, in demanding prepayment, relied on the provisions of Elections Code section 10012 which authorizes a local agency to establish a prepayment requirement based on an estimate of the cost of preparing such statement.

The petition for mandate attacks the constitutionality of both the prepayment requirement and the amount of the charges.

On April 10, 1980, the Supreme Court transferred Judge Mackey’s petition to this court in…