Lee v. Superior Court

This proceeding was commenced on August 14, 1968, by a “petition for writ of prohibition” asking this court to overturn an order of the superior court made on August 12, 1968, hi a proceeding entitled Recall Reagan Committee, Inc. et al. v. Lee, et al., No. 936777.

*50 In view of the necessity for a prompt determination of the important issue, this court ordered the original superior court file transmitted here, together with a reporter’s transcript of the proceedings of August 12, and set the case for hearing on August 20. After considering the record and the law

and the arguments of all counsel appearing in this proceeding, the court is of the opinion that the order of August 12 exceeded the jurisdiction of the superior court and should be set aside.

The facts will be stated briefly. The real parties in interest (hereinafter called the Committee) did on July 31, 1968, file with the petitioner, Ray B. Lee, as Registrar of Voters, a petition for the recall of Governor Reagan, pursuant to article XXIII, section 1, of the California Constitution, and sections 27000-27004 of the Elections Code. The Constitution provides: “Any recall petition may be presented in sections, but each…