McKesson

I dissent. I am unable to find in the statutes in question any invalidity or any ambiguity or any eon *830 flict upon which to predicate an “interpretation” or “reconciliation” which inexorably has the effect of striking down a law which for a number of years has been salutary in its government of all candidacies for judicial office. This law was enacted as a legislative contribution toward building up the standards of the judiciary in this state. In providing for separate judicial offices, in requiring that all judicial candidacies be declared for specifically designated offices and that each judicial office candidate file a written notice of intention designating the office for which he would be a candidate at a time not less than five nor more than ten days before the date on which nomination papers for any office could be circulated or filed, the Legislature attempted to secure for the people—and heretofore has been consistently understood to have secured for them—a special period of not less than five days in which the people could give special consideration to the candidates for the highly important judicial offices. By requiring that candidacies for judicial office be…

This is an original proceeding in mandamus to compel the respondent, as Registrar of Voters of the County of Los Angeles, to include on the ballot for the forthcoming consolidated primary election to be held on May 16, 1944, the petitioner’s name as a candidate for “Office No. 14 (unexpired term) ” of the Superior Court of the County of Los Angeles. The matter is submitted on petition and demurrer, and on. a stipulation waiving oral argument and permitting immediate disposition of the controversy.

The determination of this proceeding requires the construction and reconciliation of certain sections of the Elections Code so as to effectuate the legislative intent with respect to the nominating procedure to be followed in presenting to the electorate candidates for judicial office.

The petition sets forth the following facts: In August, 1943, the Honorable Benjamin J. Scheinman, a duly elected and qualified Judge of the Superior Court of the County of Los Angeles, entered the armed forces of the United States, and for several months last past he has been, and now is, absent from the state on ordered military service. This situation, under the doctrine of the case of People v.…