Crutcher

Defendants were charged by-indictment in two counts returned by the Grand Jury with violating section 8603 [11703] of the Elections Code, and in count II, with violating section 8604 [11704] of the Elections Code. It was alleged that they posted, or caused to he posted, cani paign literature showing an endorsement by an unofficial political group bearing as part of its name the name of a political party or derivative thereof without the qualifying legend required by the statutes in question. Defendants demurred to the indictment, and the demurrer was sustained without leave to amend. The People appeal, pursuant to Penal Code section 1238, subdivison 2.

The chapter of the Elections Code which is here involved, 1.5, is known as the Truth in Endorsements Law. There are two sections clearly embodying penal provisions in this law. Section 11702, after declaring what political bodies are “official governing bodies” of a political party, prohibits any such body from endorsing, supporting, or opposing a candidate for nomination to partisan office in the direct primary election. Also, this section prohibits any such candidate, or any person on behalf of such candidate, from claiming he is…