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DIAMOND v. ALLISON

Docket No. L.A. 30050.

8 Cal.3d 736 (1973)

505 P.2d 205

106 Cal. Rptr. 13

ROGER JON DIAMOND, Petitioner, v. JAMES S. ALLISON, as Registrar of Voters, etc., et al., Respondents; LEGISLATURE OF THE STATE OF CALIFORNIA et al., Real Parties in Interest.

Supreme Court of California. In Bank.

January 26, 1973.

Attorney(s) appearing for the Case

COUNSEL

Roger Jon Diamond, in pro. per., and Hecht, Diamond & Freis for Petitioner.

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

Evelle J. Younger, Attorney General, Iver E. Skjeie, Assistant Attorney General, Henry G. Ullerich, Deputy Attorney General, John D. Maharg, County Counsel, Edward H. Gaylord, Chief Deputy County Counsel, and Joe Ben Hudgens, Deputy County Counsel, for Respondents.

George H. Murphy, Legislative Counsel, and Herman F. Selvin 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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