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California Supreme Court Asked to Hear Case on Duration of Residency Requirement for Legislative Candidates

Published on April 5, 2012, by in General.

On March 29, Heidi Fuller asked the California Supreme Court to hear her constitutional election law case. Here is the petition. The California Constitution, since 1879, has said no one can run for the legislature who has not lived in the district for a year before filing. However, since 1973, the California Secretary of State has not enforced this part of the Constitution. She says the California Constitution violates the U.S. Constitution.

However, federal case law on duration of residency requirements for candidates is virtually unanimous that these requirements do not violate the U.S. Constitution. Fuller meets the duration of residency requirement, but one of her opponents in 2010 did not. She sued to have the state Constitutional provision enforced. The Superior Court held that courts have jurisdiction for a lawsuit like this, but ruled that the California Constitution violates the U.S. Constitution. The State Court of Appeals held that courts cannot even hear a case like this, because only the legislature can decide if a candidate should be, or should have been, on a primary ballot to run for the legislature. The problem with this is that it would leave open no barrier to an underage candidate for the legislature to be on the ballot, or a candidate who does not even live in California. Fuller is asking the State Supreme Court to take this interesting case.

One Response

  1. Demo Rep

    For new folks –

    The 50 States are NATION-States.

    Most/all of the State legislatures are judges of the qualifications of their members for history reasons – the EVIL Brit monarchs trying to control who became a member of the English/Brit House of Commons from 1200s to 1600s — via the English/Brit courts controlled by the monarch.

    I.E. NO real separation of powers in the EVIL bad olde days in NOT so jolly olde England – tyrant kings, tyrant nobility, etc.

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