Evans

This appeal involves the constitutionality of a city charter provision establishing a one-year residence requirement for city council candidates.

The petitioners, Susan Smith and Tom Lundy, commenced a superior court mandate proceeding against the Chico City Clerk. Both alleged that they had requested nomination papers to qualify as city council candidates at the municipal election to be held April 3, 1973. The clerk had refused their requests because they could not fulfill the city charter’s demand for one year’s residence preceding January 25, 1973, the closing date for nominations. Susan Smith had become a Chico city resident in June 1972, about seven months before close of the nomination period. Tom Lundy had also moved into the city in June 1972. Before then, each had lived just outside the city boundaries. The superior court entered a judgment denying relief and this appeal followed.

Although the election is past, the one-year residence requirement of the Chico City Charter persists. Its constitutionality affects future elections in Chico and other political entities having similar residence provisions. One-year candidate residence requirements appear in statutes…