Cohn
Cohn v. Isensee
Opinion
Lead Opinion
Finlayson, J.
This is an original petition for a writ of mandate to compel respondent, as the city clerk of the city of San Buenaventura, to provide for the use of the voters at a recall election, to be held in that city on the twenty-seventh day of this month, official ballots with blank spaces wherein the voter may write the names of persons whose names are not printed on the ballot.
It appears from the petition, to which a general demurrer has been interposed, that, following the filing of a recall petition, signed by the necessary number of qualified electors and petitioning for the recall of two of the city trustees, the city’s board of trustees fixed January 27, 1920, as the date for holding the recall election; that sample ballots have been provided _by respondent; that there is no blank space, on any of the sample ballots wherein the electors may write in the names of candidates; and that respondent refuses to provide, for use at the recall election, official ballots having thereon any such blank space or spaces. Attached to the petition is one of the sample ballots. From this sample ballot it appears that there is no name thereon other than the names of the two incumbent officers…