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Monday, September 28, 2009

AD72 Special Election Watch: About That Residency Requirement....

I know I'm probably splitting hairs here and I'm definately not an election law lawyer, but I read an interesting article this morning in the Los Angeles Times about State Senator Rod Wright.  Apparently, the Los Angeles DA is investigating him for false statements he put down on his voter registration card.  The reason this article caught my attention though is this little nugget half way through the article...

 "Article 4, Section 2(c) of the state Constitution says that a person "is ineligible to be a member of the Legislature unless the person . . . has been a resident of the legislative district for one year . . . immediately preceding the election."

Again I'm not an election law attorney, but it seems pretty clear from that language in our State Constitution that one must live in the legislative district for one full year before you are eligible to run for office in that district.  I'm wondering if Linda Ackerman's campaign staff realizes this yet?  It seems to this blogger that she is ineligible to run for the 72nd AD becaue she currently lives in the 70th AD.  BTW, she would meet the residency requirement to run for the 70th AD since she's lived in a "secret gated community" in Irvine for the past few years.  I realize that it might be asking a lot for the State Constitution to be followed, but I'm funny like that.  This race might be over before it actually begins.

Just for kicks, here's the entire Article 4 Section 2 language in our State Constitution...

 (a) The Senate has a membership of 40 Senators elected for 4-year terms, 20 to begin every 2 years. No Senator may serve more than 2 terms. The Assembly has a membership of 80 members elected for 2-year terms. No member of the Assembly may serve more than 3 terms. Their terms shall commence on the first Monday in December next following their election.

(b) Election of members of the Assembly shall be on the first Tuesday after the first Monday in November of even-numbered years unless otherwise prescribed by the Legislature. Senators shall be elected at the same time and places as members of the Assembly.

(c) A person is ineligible to be a member of the Legislature unless the person is an elector and has been a resident of the legislative district for one year, and a citizen of the United States and a resident of California for 3 years, immediately preceding the election.

(d) When a vacancy occurs in the Legislature the Governor immediately shall call an election to fill the vacancy.


  • At 4:21 PM, Anonymous Gautam Dutta said…

    According to the CA Secretary of State, the CA Constitution's one-year residency requirement for Assembly and Senate seats is unenforceable because it violates the US Constitution.

    See footnote # 1 here:


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