MACKEY v. THIEL

Docket No. 32101.

262 Cal.App.2d 362 (1968)

68 Cal. Rptr. 717

MALCOLM H. MACKEY, Plaintiff and Respondent, v. WALTER C. THIEL, as City Clerk, etc., Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

May 22, 1968.


Attorney(s) appearing for the Case

Roger Arnebergh, City Attorney, Bourke Jones and Claude E. Hilker, Assistant City Attorneys, and Jerome Montgomery, Deputy City Attorney, for Defendant and Appellant.

Edward T. Butler, City Attorney (San Diego) and Brian J. Newman-Crawford, Deputy City Attorney, as Amici Curiae on behalf of Defendant and Appellant.

Malcolm H. Mackey, in pro. per., and Stanley Sapiro for Plaintiff and Respondent.


LILLIE, J.

In January of 1967 petitioner was a candidate for city councilman in the 14th district and requested defendant to provide him with an appropriate form on which to set forth a statement of his qualifications as provided by section 10012.5, Elections Code.1 Defendant refused to comply, asserting that the provisions of the statute do not apply to the City of Los Angeles as a chartered city (art. XI, § 8, Cal. Const.). An alternative...

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