Faulder

I.

INTRODUCTION

Petitioner Keith A. Faulder (petitioner) filed a petition for writ of mandate (petition) seeking a stay of the general election for the office of Mendocino County District Attorney scheduled to take place on November 7, 2006, and directing the Mendocino County Board of Supervisors and Mendocino County Assessor-Clerk-Recorder Marsha Wharff (collectively referred to as the County) to cancel the election and to hold a special election, pursuant to Elections Code section 8026. Petitioner claims that the special election provision in section 8026 was triggered when the incumbent district attorney, Norman L. Vroman, who was a candidate in a two-person race for reelection, died on September 21, 2006, less than 68 days before the scheduled election.

The County, joined by the surviving candidate, real party in interest (RPI) Meredith J. Lintott, contends that the special election provision of section 8026 applies only to primary elections, and not to general elections. They argue that the circumstances presented by this case are governed instead by section 15402. Section 15402 does not require a special election but rather compels that a deceased candidate’s…