California Court of Appeal

Trial court's grant of a city supervisor's petition for declaratory relief that S.F. Charter section 2.101 did not prohibit her from standing for election to another four-year term as supervisor, and a writ of mandate directing the director of elections to accept the supervisor's filings and to print her name as a candidate on the November 2, 2010 ballot, was an error as, when an appointed supervisor has served three years of one term, and then been elected and served four years of another term, the rounding up language of section 2.101 is operative and prohibits the supervisor being a candidate for another four-year term. Therefore, because the trial court ruled that the supervisor could run again, the court of appeals orders the issuance of a peremptory writ of mandate upholding the decision of election officials refusing to put the supervisor's name on the ballot.

Appellate Information

• Decided 08/24/2010
• Published 08/24/2010

Judges

• Richman

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Dennis J. Herrera, James Ross Sutton