Morrison

The present appeal is from a judgment denying a petition for a peremptory writ of mandate directing the Secretary of State to certify the result of the June 6, 1978, primary election for Office No. 2 of the Municipal Court for the Eureka Judicial District, and requiring the Secretary in substance to do all things necessary to facilitate plaintiff’s assumption of that office.

In 1975 the California Legislature added a second office to the Eureka Judicial District, the vacancy thus created to take effect on January 1, 1976.

On May 6, 1976, the Governor appointed Lawrence A. Truitt to that office, and since the election scheduled for November of that year was less than 10 months’ away, under Government Code section 71180 no election was held.

When the office again opened for election in 1978, Judge Truitt and appellant both qualified as candidates. But on May 11, 1978, a few weeks before the election, the Governor appointed Truitt to a superior court vacancy in the same county, and then appointed John Buffington, the incumbent district attorney, to fill the vacancy created by Truitt’s elevation.

*510 Since, again, less than 10 months remained before the impending June…