*1 Apr. 30, No. In Bank. F. 1954.] [S. JORDAN, Petitioner, v. FRANK M. YOUNGER,
MILDRED al., Respondents. Secretary State, Cooper for Petitioner. B. Grant M. Fried- Attorney General, Leonard Brown, Edmund G. County Kennedy,
man, Deputy Attorney General, Harold W. County Deputy Angeles) George Wakefield, (Los Counsel Respondents. for Counsel, Petitioner, Mildred THE is a COURT.
qualified candidate for Thirty-eighth office of state senator Senatorial Dis- primary trict at the direct held herein, By filed she seeks a man- order under section date Elections Code respondents, Regis- of State and Angeles County,
trar of Voters Los to omit and official ballots election the name of as a candidate such nomination. many allegations contains of qualification lack *2 a and fraud irregularities other in filing and the circulation and J. Younger. An order to setting cause was herein show issued on hearing cause on that ser- upon respondents vice be made and upon the named Younger, party Hazel J. as the real in interest. (Rules Appeal, rule have named been served raising and have filed their answer herein numerous issues They points of fact. have also filed their authorities questions of raising many appears law. adjudicate controversy finally court could until after may law duly the issues of fact and have been heard and (Code Proc., seq.) 1088 determined. Civ. respect
With party to Hazel J. the real interest, in personal no service the order to show cause has been made. verified and the affidavits concerning of her service state since nomination papers, concealing said Hazel has been herself being present whereabouts, concealed and that her diligent after inquiry, still search and are unknown. Petitioner therefore upon relies service of order to show cause Younger, by leaving copies on said Hazel J. thereof at her Downey address, Road, last known 431 South Angeles, given by which is on her the address nomination papers. question then arises as to whether may pro we ceed to a final determination without either upon personal service some form of sub (Code stituted service which is authorized Proc., law. Civ. have may not, We concluded that we as §'§ indispensable appears party be an to this (Bank v. proceeding. Superior 16 Court, Cal. California 879]; 2d 521-522 P.2d Cotton Credit [106 California 122 Corp. CaLApp. 404, Superior Court, ; v. 407 P.2d [10 176] Hershey Cal.App. 701 Cole, 972]; v. P.2d Ash [20 Cal.App. 841].) 803-804 Superior Court, v. P. [166 Superior Court, supra, pro- In Ash v. which involved a county clerk a cancel the ceeding compel regis- brought court was without it was held that the voters, tration of certain in the absence jurisdiction superior law. The in manner authorized mailing of the order to show cause to such had ordered the granting prohibiting voters. In ordering registrations, of such it was the cancellation from ‘‘ mailing cause and the 802: The order to show page said at required by order of court did manner notices recognized any process of law which be not constitute recognized having case, applicable to the and cannot bring persons effect to those the court.” primarily above cited deal
While the authorities ordinary prerogative writs, escape we cannot applications brought the conclusion that remove the name another 2900 of the Elections indispensable party ballot, the latter is an a manner and the service must obtained in law. we
It thus hearing herein until service has been made said Hazel J. *3 Younger. appears impossible Personal service by and service publication appreciable length would of time. brings This to a consideration of us the time element which here, regardless to be the vital factor of the merits controversy. certified of list candidates was by county transmitted State clerks on (Elec. Code, 2699.) county clerks § (Elec. publish must such lists 2703), and § sample prepare delay. and mail the ballots without undue (Elec. Code, is further approxi- shown that mately sample 2,500,000 ballots and a like number of official printed Angeles County for use in Los ballots must be required print “that time official twenty-five days, involving approximately ballots a 24-hour day printing presses.” per operation of the We therefore impossible will be to obtain form of conclude that it and there- proceed to determine the issues fact and law re- after to of this quired for a final determination within orderly functioning of the election time such reluctantly, reached this conclusion processes. We have strong prima showing facie petitioner has made was committed to Camarillo Hospital State in 1953, and disqualified she is now as an (Const, art. II, 1; Code, 20) Elec. disqualified and is voting or from holding office. 274, 275.) We never- theless to a final determination herein with- according out to said Hazel Younger at least the minimum requirements process of due of law. appropriate
We deem it suggest that the difficulty en- adjudicating countered here in rights of parties such throwing time as to avoid processes into largely relatively confusion is due to the period of limited time provided by day law between the last nomina- tion day election and the of election. Perhaps Legislature see fit to consider the enactment legislation lengthening period such or authorizing some obtaining method for speedily substituted service in a situa- presented tion such as here. stated,
For the reasons must be denied it is so ordered.-
SCHAUER, I dissent. facts, disqualifica- the claim The material which rests, ap- tion are not admitted but pear as matters of record. On committed placement Department Hygiene Mental Camarillo Hospital. Pursuant re- certificate to that effect Registrar respondent ceived of Voters in accordance of section 297 of the Elections with the cancelled the name of Hazel J. registrar, on register" Angeles County. Younger upon the competency restored to the status of She has never been and she decree of the has never who, discharged from Camarillo State as one been superintendent of hospital, the state & Inst. She has recovered. either discharged, on his own *4 order, department upon patient its as a motion the who Although & Inst. never is not insane. Younger granted a leave absence discharged, Hazel of Camarillo State Octo- to leave of absence continues this date and Such ber legal incompetency status of only is consistent judicial It decree was established to Camarillo her commitment appears that "after sane declared Younger has never been Hospital, provided by law. any manner reason in restored to as a “men- institution person state A meaning tally person “insane” is an The words Institutions Code. of the Welfare and thing. mean the same to ill” and “insane” are construed synonymously Code, 5041.) They are used (Welf. & Inst. (Welf. & Inst. throughout cited code sections. person to hold insane To an safety. public interest public jeopardize officewould prevent the codes our provisions of Constitution rights . . “An has no . possibility. state, In this . except right . . beyond elector, those of a citizen not (Gov. Code, 274.) right holding voting.” office an elector. to hold officeis lost one who is not by Elections section An “elector” is defined article II person qualifies as a who person An insane does Constitution of California. (Cal. Const.) qualify so article II because section . . . . ever exer- provides “. . no insane shall privileges cise the of an elector this State.” unquali- person, Hazel an insane status of state, in this has fied to be a candidate juris- by judicial competent determined decree question is no diction this state. There but that that acted within its and its decree become final. therefore, us, proceeding, There is, no occasion for inquire already judicata. into a matter which res necessary party follows is not a perform compel respondents which seeks act, duty perform a ministerial which is established final court above mentioned and Constitution and statutes above cited. peremptory I would issue the of mandate forthwith omit from and official ballots for the election on direct name of Thirty-
nomination for office of state senator from the eighth District. Senatorial J.,
Edmonds, concurred.