White

Upon order of the California Supreme Court we directed the Clerk of San Mateo County and the County of San Mateo (respondents) to show cause why they should not be mandated to certify the results of the June 3,1986, election for the office of sheriff and why Elections Code section 17113.5 should not be found unconstitutional.

Section 17113.5 was enacted by Assembly Bill No. 2739 (AB 2739) which became effective May 19, 1986. This urgency legislation cancelled the June 3, 1986, election for sheriff in San Mateo County and scheduled a new election for August 26, 1986. Jim White (petitioner), a candidate for Sheriff of San Mateo County, successfully petitioned the Supreme Court to stay the law’s operation pending determination of its constitutionality. Having ordered respondents to proceed with the election but not to count the ballots, the Supreme Court transferred to us the question of its constitutionality. We hold that section 17113.5 is rendered invalid by the California Constitution’s prohibition against special legislation. (Art. IV, § 16.)

On its face AB 2739 cancels only the June 3, 1986, election for sheriff, and only those elections in which the incumbent…