D'AGOSTINO

Introduction

Petitioner Lea Purwin D’Agostino (petitioner) seeks a writ of mandate which would command real party in interest, the Los Angeles City Clerk, Elias Martinez (City Clerk), to place D’Agostino’s name on the ballot for the special election of a member of the city council for the fifth council district, which is set for April 11, 1995, on the ground that she has substantially complied with the provisions of the city charter and the Elections Code, or, in the alternative, to allow her to submit additional signatures to qualify. Petitioner’s name was not put on the ballot because, according to the City Clerk, her nominating petition did not contain the required 500 valid signatures of registered voters from the district.

Specifically, the requested writ would direct the respondent superior court to vacate its order denying her petition for a writ of mandate directing the City Clerk to place her name on the ballot, and to enter an order granting the petition.

Issue

Is petitioner in substantial compliance with Los Angeles City Charter and the Los Angeles Elections Code requirement that a nominating petition for Los Angeles City Council contain the valid…