Ballard

We are called upon to consider the constitutionality of two provisions of the Political Reform Act of 1974. (Gov. Code, § 81000 et seq.) We conclude that the four-year prohibition in Government Code section 91002 against a person convicted of a misdemeanor under that act being a candidate for public office and the prohibition in Government Code section 84100, subdivision (c), against a candidate commingling campaign contributions and personal funds are both constitutional.

An indictment returned by the San Bernardino County Grand Jury accused James Curtis Ballard of two counts of perjury (Pen. Code, § 118) and two counts of commingling campaign contributions. (Gov. Code, §§ 84100, subd. (c), 91000.) A jury found defendant guilty of the two misdemeanor counts of commingling campaign contributions and he appealed from the judgment.

Testimony by the Grand Jury Adviser

Initially, defendant contends that testimony by the deputy district attorney who was the grand jury’s legal adviser constituted prejudicial misconduct because it breached the California Rules of Professional Conduct and the American Bar Association’s Code of Professional Responsibility and called into…