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MEXICAN-AMERICAN POLITICAL ASSOCIATION v. BROWN

Docket No. Sac. 7951.

8 Cal.3d 733 (1973)

505 P.2d 204

106 Cal. Rptr. 12

MEXICAN-AMERICAN POLITICAL ASSOCIATION et al., Petitioners, v. EDMUND G. BROWN, JR., as Secretary of State, etc., et al, Respondents; THE PEOPLE et al., Real Parties in Interest.

Supreme Court of California. In Bank.

January 26, 1973.

Attorney(s) appearing for the Case

COUNSEL

Sidney M. Wolinsky, Jo Ann Chandler, Betty J. Browner and Frederick R. Remer for Petitioners.

A.L. Wirin, Fred Okrand and Laurence R. Sperber as Amici Curiae on behalf of Petitioners.

Evelle J. Younger, Attorney General, Iver E. Skjeie, Assistant Attorney General, Henry G. Ullerich, Deputy Attorney General, Edward A. Goggin, City Attorney, Clifford Dang, Assistant City Attorney, and David A. Self, Deputy City Attorney, for Respondents.

John D. Maharg, County Counsel (Los Angeles), Edward H. Gaylord, Chief Deputy County Counsel, and Joe Ben Hudgens, Deputy County Counsel, as Amici Curiae on behalf of Respondents.

No appearance for Real Parties in Interest.

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...

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