Mitchell v. Warren

Petitioner, Oral L. Mitchell, as a taxpayer and legally qualified voter of the 35th assembly district, instituted this proceeding to compel the Honorable Earl Warren, as Governor of the State of California, to call an election in that district for the purpose of electing a successor to the late Samuel L. Heisinger. Heisinger was duly elected assemblyman of the 35th district in 1948, and died on September 21, 1949, during his term of office. This office has been vacant ever since said date and no election has been called by the governor to fill said vacancy.

It is alleged in the verified…