McPherson

League of Women Voters v. McPherson

Good Law
145 Cal. App. 4th 1469·2006 Cal. App. LEXIS 2028·2006 Daily Journal DAR 16655·52 Cal. Rptr. 3d 585·2006 Cal. Daily Op. Serv. 11737
Court of Appeal of CaliforniaDecember 21, 2006A114988California6,555 words

Opinion

Opinion

Stein, J.

This is a proceeding for writ of mandate brought by three nonprofit organizations with interests in voting rights, prisoner rights, or both, and three individuals confined in local facilities as a condition of felony probation. Petitioners seek an order compelling the Secretary of State and the San Francisco Director of Elections to accept affidavits of registration to vote from all individuals, otherwise qualified to vote, who are confined in local jails pursuant to a sentence imposed under Penal Code sections 17 and 18 or as a condition of felony probation, and to perform all ministerial tasks necessary to ensure that these individuals are duly registered and able to vote in future elections.

This case falls within the limited category where an appellate court properly exercises original jurisdiction. (Jolicoeur v. Mihaly (1971) 5 Cal.3d 565, 570 , fns. 1 & 2 [ 96 Cal.Rptr. 697 , 488 P.2d 1 ].) It concerns the meaning of article II, section 4 of California’s Constitution: “The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction…

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