Political action committee filed petition for writ of mandamus against county auditor, directing auditor to place proposed city charter amendment on the ballot to be voted on at a special election.
The Superior Court denied the petition and ordered that the proposed amendment be included in the general election. Committee sought direct review.
The Supreme Court held that:
- Moot issue of whether proposed amendment could be placed on special election ballot was matter of continuing and substantial public interest, and thus the Court would review it;
- Phrase “next regular municipal election” in statute providing that “amendment[s] shall be submitted to the voters at the next regular municipal election,” includes both special elections and general elections; and
- Committee did not identify ministerial, nondiscretionary duty requiring county auditor to hold special election, and thus mandamus would not lie.