Moore

This is an original application to compel the City Council of Maywood and the City Clerk of Maywood to call and conduct a special election for the recall of Councilman John P. Kearney and Councilwoman Maymie R. Anderson based upon two recall petitions filed on March 29, 1966. There is no disagreement as to the facts.

The petitioners attempted to recall Kearney and Anderson on two separate occasions. The first attempt to remove these two public officials was made on January 10, 1966, by presenting Isabel L. Dedmore, the City Clerk of May-wood, with a set of recall petitions. These petitions were accepted by the clerk and marked with this notation: “Received for Filing . . . , Subject to Checking in Accordance with the Elections Code. ” The petitions were not eligible for circulation and signing under section 27507, Elections Code, until December 17, 1965. While checking signatures with the records of registration, she discovered the dates added by some of the signers were prior to December 17,1965.

The clerk immediately requested a legal opinion from the city attorney, who advised her by letter, “If the remaining number of signatures does not amount to twenty-five (25) per cent…