pay to the Registrar of Voters a fee amounting to two percent of the current annual salary of the position he seeks.
Jurisdiction herein is conferred on this court by 28 U.S.C. § 1343(3).
*166 On September 9, 1971, plaintiff Michael Kim Wong sought to have his name placed in nomination for Supervisor of said City and County. His request was refused by the Defendant Registrar of Voters, solely upon the ground that plaintiff Wong was unable to pay the filing fee prescribed by § 175, amounting to some one hundred ninety-two dollars.
On September 10, 1971, plaintiff Nathan Weinstein similarly sought to have his name placed in nomination for the office of Mayor of the City and County. His request was also refused by the Defendant, again solely upon thenote of the absence of any objection on this point from defendant, that the action is properly maintainable as a class action. Having granted representative capacity to plaintiff O'Donnell, the Court need not consider the question of the standing of plaintiff Associated Students of City College to sue in a wholly representative capacity on behalf of the same class which plaintiff O'Donnell seeks to represent, and therefore expressly declines to decide that issue.
The defendant herein, Emmery Mihaly, is the Registrar of Voters of the City and County of San Francisco and as such responsible for the administration, supervision and enforcement of charter provisions pertaining to elections in the said City and County of San Francisco, including the duty of certifying the names to be placed upon the ballot