Dutcher

*1191 Opinion

Incumbent Joanne Harrold was elected to the Municipal Court, West Orange County Judicial District, in June 1982. The election was nullified after trial of a suit brought by Dan Dutcher, among others, in which the superior court found Harrold violated section 29303 of the Elections Code by knowingly filing a false declaration of candidacy. 1 The court ordered a new election between the defeated candidates, Dutcher and Ronald Nix, in the November 1982 General Election. 2 But Dutcher and Nix, each of whom paid for candidate’s statements for distribution in the voter’s pamphlet for the June election, were advised by Registrar of Voters A. E. Olson they would not be entitled to candidate’s statements for the new election without prepaying the prorated costs 3 or obtaining a superior court order to the contrary. Dutcher petitioned the superior court for relief and obtained a writ of mandate pursuant to section 10015, 4 which ordered the registrar of voters to print and distribute candidate’s statements at no cost to Dutcher or Nix.

On appeal the county counsel argues a candidate might be entitled to a free statement only if the second election is required due to errors…