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ALLIANCE FOR A BETTER DOWNTOWN MILLBRAE v. WADE

No. A099453.

133 Cal.Rptr.2d 249 (2003)

108 Cal.App.4th 123

ALLIANCE FOR A BETTER DOWNTOWN MILLBRAE et al., Plaintiffs and Respondents, v. Cheryl Mitchell WADE, as City Clerk, etc., Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

April 25, 2003.

Attorney(s) appearing for the Case

Hanson, Bridgett, Marcus, Vlahos & Rudy and Michael A. Duncheon, Joan L. Cassman and Stephen B. Peck, San Francisco, for Appellant.

Fogarty & Watson, Dennis Scott Zell, Janet Fogarty & Associates, Mark C. Watson and Dennis Scott Zell, Benicia, for Respondents.

GEMELLO, J.

Does a city elections official have authority to refuse to certify an initiative petition based on extrinsic evidence relating to the manner of its circulation? We conclude that she does not, and that an elections official's role in certifying an initiative petition is confined to the ministerial task of examining the four corners of the petition for compliance with submission requirements. Here, a city...

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