Jones

General demurrer to plaintiffs’ complaint for injunction was sustained and leave to amend was granted. Plaintiffs filed their written “Election to Stand upon Complaint.” Judgment was thereupon entered in favor of defendants, and plaintiffs appeal.

The complaint was filed 11 days before the general election of 1956. It alleges that shortly before the June primary election defendants had mailed postcards and published newspaper advertisements in support of the candidacy of defendant MeCollister for assemblyman from the Seventh Assembly District, consisting of the counties of Sonoma and Marin (Gov. Code, §491). Card and advertisement were headed “Fellow Democrats:”, urged support for MeCollister, stated, in part: “Dick MeCollister is fully endorsed and recommended by labor, welfare, pension, farm, and other democratic groups. We should re-elect him,” and were signed by “MarinSonoma Democratic Committee for MeCollister.” The advertisement also bore, immediately below the name of the committee, the words “Carl Youngberg, Chairman.” Plaintiffs allege that they constitute a majority of the members of the Democratic Central Committee of Sonoma County; that defendant MeCollister is and…