Opinion
S. F. No. 9613.
October 11, 1920.
APPLICATION for Writ of Mandamus to compel printing of name of candidate on general election ballot. Denied.
The petitioner was a candidate for election to the office of member of the assembly for an assembly district in the City and County of San Francisco.
William Hartigan, in pro. per., for Petitioner.
Petitioner's nomination papers under section 1188 of the Political Code were not presented to the registrar of the city and county of San Francisco for examination until September 25, 1920. This was not forty days prior to the general election of November 2, 1920. It results that he is not entitled to have his name go on the ballot. (Pol. Code, sec. 1188; Primary Law, sec. 5, [Stats. 1913, p. 1383].)
The application is denied.
All the Justices concurred.