Collier

Collier v. Menzel

Good Law
176 Cal. App. 3d 24·1985 Cal. App. LEXIS 2919·221 Cal. Rptr. 110
Court of Appeal of CaliforniaDecember 20, 1985B009565California3,610 words

Opinion

Opinion

Stone, J.

Appellants filed a petition for writ of mandate in superior court seeking to compel respondent, the Santa Barbara County Clerk-Recorder, to allow appellants to register to vote. They appeal the trial court’s denial of their petition.

Appellants, three persons identifying themselves as “homeless” citizens and indigents of Santa Barbara County, submitted affidavits of registration to vote to respondent in September 1984. The address appellants listed as their residence on their affidavits was “100 Montecito Street.” A park owned by the City of Santa Barbara and commonly known as Fig Tree Park is located at this address, a gathering place for homeless persons. Camping or sleeping overnight on park grounds is prohibited by city ordinance.

After receiving their registration affidavits, respondent sent appellants a letter informing them that the address listed on their registration applications was insufficient as a residence address and therefore prevented respondent from determining appellants’ correct voting precinct. The letter enclosed blank registration forms so that appellants could clarify their addresses. It also informed appellants that they were legally entitled to…

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