Wade

Does a city elections official have authority to refuse to certify an initiative petition based on extrinsic evidence relating to the manner of its circulation? We conclude that she does not, and that an elections official’s role in certifying an initiative petition is confined to the ministerial task of examining the four comers of the petition for compliance with submission requirements. Here, a city clerk refused to certify an initiative petition after deciding based on extrinsic evidence that it was circulated in violation of state law. This fact finding exceeded the scope of the clerk’s lawful ministerial duties, and the trial court properly issued a writ of mandate directing the clerk to certify the initiative petition. Therefore, we affirm.

Factual and Procedural Background

In June 2001, respondent Alliance for a Better Downtown Millbrae (Alliance) circulated a petition seeking to have the “Downtown Zoning Initiative” (DZI) placed on the Millbrae ballot. If passed, the DZI would have amended Millbrae’s zoning ordinance to restrict the density of restaurants, adult businesses, and certain other establishments in a specific section of downtown Millbrae. After…