Beck

The clerk of the City of Beverly Hills appeals from a judgment granting mandate to compel the clerk to return to petitioners Hermine Beck and Shulames Rose, a referendum petition submitted by them to permit them to utilize the period of one hour and thirty-six minutes to add appropriate precinct numbers to the signatures thereon.

On July 21, 1970, the City Council of Beverly Hills passed and adopted a resolution authorizing the addition of fluoride to the city’s water supply. The petitioners, residents of the city, obtained a referendum petition of 2,629 signatures opposing the city council’s action, with respect to water fluoridation. Petitioners submitted the petition to the city clerk. It was received and stamped on August 20, 1970', at 3:24 p.m.. This was the last day of the statutory period for filing the referendum, 30 days from the date the resolution passed the City Council of Beverly Hills.

The deputy city clerk immediately determined that the precinct numbers which were required by law were missing from the petition. The persons submitting the petition were so advised orally but the deputy city clerk failed to return the petition at that time (Elec. Code, §…