MacKey

In January of 1967 petitioner was a candidate for city councilman in the 14th district and requested defendant to provide him with an appropriate form on which to set forth a statement of his qualifications as provided by section 10012.5, Elections Code. Defendant refused to comply, asserting that the provisions of the statute do not apply to the City of Los Angeles as a chartered city (art. XI, § 8, Cal. Const.). An alternative writ of mandate was issued and subsequently, upon submission of the cause, a peremptory writ which ordered defendant to provide the form sought and otherwise comply with the statute in question. Thé instant appeal is from the judgment directing the issuance of the peremptory writ.

In his answer to the petition for the peremptory writ, defendant alleged that section 8% of article XI specifically grants to chartered cities the right to provide the manner in which municipal elections shall be conducted; that pursuant thereto and further pursuant to charter authority (§ 306) an Election Code for the City of Los Angeles was adopted in 1946 providing for a comprehensive set of rules governing all phases of city elections; and that the Election Code thus adopted…