Gayle v. Hamm

Petitioners Mary Gayle and Steven J. Stone (proponents) filed an initiative petition with defendant Robert L. Hamm, County Clerk of the County of Ventura (county clerk) pursuant to Elections Code section 3706 on April 12, 1971. Upon advice from the county counsel that the initiative measure (ordinance), even if carried at the polls, would be invalid, the county clerk refused to examine the petition for requisite signatures as prescribed by Elections Code section 3707. Proponents then filed a petition for a writ of mandate in the superior court, on June 23, 1971, to compel the county clerk to examine and process the petition in accordance with said section 3707. Defendant county clerk and the County of Ventura (county) interposed demurrers to the petition on the grounds that it failed to state a cause of action and that there was a defect of parties defendant in failing to name the county as a party.