California Court of Appeal

In a case in which a candidate for state senator in the 14th Senate district asked the superior court to issue orders that would prevent a rival candidate's name from being placed on the primary election ballot because he had not resided in the 14th Senate district for at least one year as required by the California Constitution, the superior court's denial of the petition for writ of mandate is affirmed on the basis that the court lacked jurisdiction to judge the candidate's qualifications to serve as a Senator for the 14th Senate district, because the California Constitution vests in each house of the legislature the sole authority to judge the qualifications and elections of a candidate for membership in that house, even when the challenge to the candidate's qualifications is brought prior to a primary election.

Appellate Information

• Decided 03/01/2012
• Published 03/01/2012

Judges

• Mauro

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Seth E. Goldstein, Bell, McAndrews & Hiltachk