Robinson

This dispute arose after the 1984 primary and general elections *336 and involves the interpretation of Elections Code section 25304 1 and California Constitution, article VI, section 16.

In January 1983, the Governor appointed defendant, Mark Robinson, as a judge of the Orange County Superior Court. Thereafter, defendant filed his declaration of candidacy and nomination papers for the June 1984 primary election. Twenty days after the final date for filing nomination papers, no other candidates had filed nomination papers nor had any write-in candidate petitions been filed for the primary election.

Since the defendant was the incumbent and the only candidate, it was determined, pursuant to section 25304, that neither his name nor his office need appear on the ballot. Section 25304 provides: “In any county or any judicial district in which only the incumbent has filed nomination papers for the office of superior court judge,... his name shall not appear on the ballot unless there is filed with the county clerk or registrar of voters, within 20 days after the final date for filing nomination papers for the office, a petition indicating that a write-in campaign will be…