California Supreme Court Refuses to Hear Case over One-Year Residency Requirement for Legislative Candidates

On June 13, the California Supreme Court refused to hear Fuller v Bowen, the case over whether California’s one-year residency requirement for candidates for the legislature should be enforced. Ever since 1879, the California Constitution has said that candidates for the legislature must have lived in their district for one year before filing. However, in the mid-1970’s, the Attorney General and the Secretary of State determined that the California Constitution violates the U.S. Constitution, and therefore they have not enforced that part of the California Constitution.

Heidi Fuller, a candidate for the legislature who did meet the residency requirement, had sued the Secretary of State to force her to enforce the California Constitution. The Superior Court ruled that the court has jurisdiction, but that the California Constitution does violate the U.S. Constitution. Fuller appealed, and the California Court of Appeals had ruled that it is irrelevant whether the California Constitution violates the U.S. Constitution, but that only the legislature can judge the qualifications of candidates who seek to run for legislature. That decision will now stand. Under the logic of the State Court of Appeals decision, anyone can run for the legislature, whether they live in the district currently or not, and regardless of their age and citizenship.

One comment

  1. Demo Rep · · Reply

    Again – for HISTORY reasons – the EVIL Brit monarchs vs. the Brit House of Commons for centuries.

    The House of Commons took control of judging the elections and qualifications of its own members.

    NO written constitution in England/UK — ANY thing can happen.

    Carried over to the 1776 era State constitutions – as a matter of alleged public safety.

    Now a MAJOR violation of FUNDAMENTAL Separation of Powers in regimes having written constitutions — i.e. one more time bomb section.

    i.e. ALL the EVIL robot party hacks will use ALL the EVIL loopholes available to get and maintain their EVIL power.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: