Kagan

Kagan v. Kearney

Good Law
149 Cal. Rptr. 867·1978 Cal. App. LEXIS 2037·85 Cal. App. 3d 1010
Court of Appeal of CaliforniaOctober 31, 1978Civ. 43139California2,850 words

Opinion

Opinion

Kongsgaard, J.

Plaintiffs appeal from an order denying their motion for a preliminary injunction.

The basic facts are not in dispute. Appellants resided on Seward Street, San Francisco, California, prior to June 1, 1977, and were registered to vote from that address in Precinct No. 6312. On June 1, 1977, appellants moved to Cabrillo Street, San Francisco, California, which is located in Precinct No. 7802.

On July 19, 1977, appellants inquired and were informed by the San Francisco Registrar of Voters that due to their failure to either reregister in their new precinct or execute a notice of change of address by July 4, 1977, they would be ineligible to vote in the August 2, 1977, election.

On July 22, 1977, appellants brought this action for a preliminary injunction to enjoin the Registrar of Voters of the City and County of San Francisco from preventing appellants from voting in the August 2, 1977, election. The trial court denied appellants’ motion and this appeal ensued.

Question Presented

The narrow issue presented is whether appellants, who moved from one voter precinct to another more than 29 days prior to an election, but failed to reregister or otherwise notify the…

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