Mexican-American Political Association v. Brown

Opinion

THE COURT.

In this proceeding we issued an alternative writ of mandate on the basis of allegations that placing the name of an incumbent first on the ballot results in an unconstitutional preference in an election because a substantial number of electors vote for the first person listed on the ballot merely because his name is listed first. In their returns respondents have denied that any such preference based on ballot position exists.

The existence of the alleged preference is not a fact which is either of such common knowledge or which is subject to such accurate determination by…