Lubin

—Voters J. Andrew Lubin and Edith D. Dowell join Paul B. Carpenter in seeking a writ of mandate to compel Governor Pete Wilson, Secretary of State March Fong Eu and Controller Gray Davis (collectively respondents) to install Carpenter as a member of the State Board of Equalization, Fourth District (the Board). On April 18, 1991, the day after Carpenter filed this petition, Governor Wilson issued his commission appointing Matthew K. Fong to fill Carpenter’s seat on the Board. We issued an order to show cause on May 2, 1991, and calendared argument.

Carpenter contends his conviction for racketeering, extortion and conspiracy ( 18 U.S.C. §§ 371 , 1951, 1962(c)) does not disqualify him from the Board because the statutory scheme for disqualification or forfeiture of public office (1) is ambiguous, (2) violates his First Amendment right to hold office because his appeal is pending, and (3) as applied is an ex post facto law, and because (4) the “supervening” decision of McCormick v. United States (1991) 500 U.S. _ [ 114 L.Ed.2d 307 , 111 S.Ct. 1807 ] voids his conviction. Regardless of the pendency of Carpenter’s appeal, we conclude his conviction disqualified him from office…