People ex rel. McKune v. Weller

Citations

• 11 Cal. 49

Syllabus

<p>An election to fill a vacancy in the office of District Judge is invalid, unless made under and in pursuance of the proclamation of the Governor.</p> <p>The statute requiring the Governor to issue his proclamation of election to fill vacancies in certain offices is mandatory, and an essential prerequisite to all such elections.</p> <p>The object of the proclamation is to give notice to the electors that such an election will be held.</p> <p>An election cannot take place under the Constitution without statutory regulation. All the efficacy given to the act of casting a ballot is derived from the law making power and through legislative enactments; and the Legislature must provide for and regulate the conduct of an election, or there can be none.</p>