Hinkley

Petitioner Hinkley, as a registered elector of Contra Costa County, circulated in that county a peti tion proposing a new law in the form of an initiative measure to be submitted to the electors of the state under section 1 of article IV of the constitution. Petitioner Kurtz was one of the qualified electors of Contra Costa County who signed one of such petitions. When the petition was filed with respondent as county clerk of Contra Costa County a defective affidavit was attached—defective in that the circulator stated therein that he was a “resident” of said county, whereas the constitution requires that the circulator should be a “qualified elector” of the county in which he obtains the signatures. Upon the filing of the petition the respondent, in accordance with the terms of the constitution, examined the same and certified to the Secretary of State, as required, the number of qualified electors who had signed the same, first having been satisfied" by an examination of the records of registration that the circulator of the petition was a duly qualified elector of the county and that the petition was in due form. The respondent thereupon attached his certificate of such…