Wheelright v. County of Marin

Opinion

McCOMB, J.

This is a judgment roll appeal from a judgment denying a peremptory writ of mandamus and discharging the alternative writ theretofore issued.

Petitioners, registered voters of the County of Marin, on behalf of themselves and others similarly situated sought a writ of mandate to compel the county clerk to certify that a referendum petition had attached to it the requisite number of signatures of registered, qualified electors of the county. The petition as filed contained 6,719 signatures. A minimum of 6,090 was required to qualify it.1 Section 5152 of the Elections Code…