Flood

Flood v. Riggs

Good Law
145 Cal. Rptr. 573·1978 Cal. App. LEXIS 1405·80 Cal. App. 3d 138
Court of Appeal of CaliforniaApril 21, 1978Civ. 40846California6,857 words

Opinion

Opinion

Racanelli, J.

Appellant sought a writ of mandamus directing respondent Riggs, Registrar of Voters of the County of Alameda, to register himself and “all ex-felons currently on parole” (excluding those convicted of Elections Code felonies) otherwise qualified to vote. Upon respondent Riggs’ motion for compulsory joinder (Code Civ. Proc., § 389, subd. (a)), the trial court joined as parties respondents Secretary of State and Adult Authority of the State of California. The cause was submitted for decision on the pleadings and certain stipulated facts. On appeal from the judgment denying the petition, appellant challenges the validity of a uniform policy of “blanket disfranchisement of paroled ex-felons” as implemented by respondents, contending such policy is neither constitutionally required nor authorized by the Elections Code. Upon analysis of the history and purpose of the relevant provisions of the California Constitution and Elections Code, we have concluded that a convicted felon is ineligible to exercise the voting franchise during the term of his parole under the self-executing provisions of article II, section 4, of the California Constitution; further, that the several…

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