Wilson

Wilson v. San Luis Obispo County Democratic Central Committee

Good Law
175 Cal. App. 4th 489·2009 Cal. App. LEXIS 1061·96 Cal. Rptr. 3d 332
Court of Appeal of CaliforniaJune 3, 2009B209293California5,491 words

Opinion

Opinion

Yegan, J.

Gail Wilson appeals from the judgment denying her petition for writs of mandate and prohibition. Wilson was removed from membership in the San Luis Obispo County Democratic Central Committee (Committee). She sought, inter alia, to compel the Committee and Stewart Jenkins (respondents) to reinstate her membership. Jenkins was a member of and recording secretary of the Committee. Appellant contends that (1) Committee bylaws authorizing her removal are invalid because they conflict with the Elections Code and are unconstitutionally vague; (2) her removal violated her First Amendment rights to free speech and political association; (3) her removal violated her constitutional right to procedural due process and her common law right to fair procedure; and (4) Committee bylaws unlawfully expanded the membership to include persons who are not statutorily authorized to become members. We affirm.

Background

In March 2006 appellant filed nomination papers as an incumbent candidate for the office of Committee member. On June 6, 2006, appellant “was appointed in lieu of election to the office of committee member ... for a term expiring June 30, 2008.” (Capitalization omitted.)…

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