California Court of Appeal

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League of Women Voters of Cal. v. McPherson, A114988

Petitions for writ of mandate compelling secretary of state and director of elections to accept affidavits of registration to vote from all individuals, otherwise qualified to vote, who are confined in local jails pursuant to a sentence imposed under Penal Code sections 17 and 18 or as a condition of felony probation, and to ensure that these individuals are duly registered and able to vote in elections, is granted with modifications, where: 1) the court suspends sentence and places defendant on probation, defendant has not suffered a conviction for purposes of article II, section 4, which disqualifies electors who are imprisoned or on felony parole; 2) a probationer is ordered to serve time in a local facility because sentence has been suspended, he has not been imprisoned for a felony, but has been confined as a condition of probation; and 3) by virtue of Penal Code section 18, a felony offense is punishable by fine or imprisonment in county jail, and the trial court enters judgment imposing something other than imprisonment in state prison, the crime is a misdemeanor for purpose of article II, section 4.

Appellate Information

  • Decided 12/21/2006
  • Published 12/21/2006

Judges

  • STEIN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • American Civil Liberties Union, Maya L. Harris, Margaret C. Crosby, Brian A. Lambert, Anupama K. Menon, Social JusticeLaw Project, Peter Sheehan, for Petitioners.

  • For Appellees:
  • Bill Lockyer, Attorney General of the State of California, Stacy Boulware Eurie, Senior Assistant Attorney General, Jonathan K. Renner, Supervising Deputy Attorney General, Leslie R. Lopez, Deputy Attorney General, for Respondent Bruce McPherson, as Secretary of State., Dennis J. Herrera, San Francisco City Attorney, Wayne Snodgrass, San Francisco, Chad Jacobs, Ann M. O'Leary, for Respondent John Arntz, as San Francisco Director of Elections.
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