Sinclair

Petitioner seeks a writ of mandate requiring the Secretary of State to receive and file the affidavit made by him for the purpose of conforming to the requirements of subdivision 4 of section 5 of the Direct Primary Law [Stats. 1911, p. 773] as a candidate for the Republican nomination for representative in Congress from the eleventh congressional district, and to certify his name to the county clerks of the counties of the congressional district to be printed on the ballot to be used at the primary election to be held on August 31, 1920, as a candidiate for said nomination.

It is conceded, as it must be upon the admitted facts, that the petitioner failed to conform to a mandatory requirement of such law with relation to such affidavit, in that he failed to present such affidavit at the office of the Secretary of State for filing “on or before the thirty-fifth day prior to” the day of the primary election (subd. 4, sec. 5, and sec. 6 of the Direct Primary Law). [1] In view of the provisions of the law the Secretary of State could not properly receive the affidavit which was not tendered to Mm for filing until after the latest date for filing had passed, and unless such an…