Gage v. Allison

Opinion

KINGSLEY, J.

This is an appeal from a declaratory judgment in favor of defendant Allison.

1

For the reasons set forth below, we affirm the judgment.

The issue in the case is the right of plaintiff to become a candidate at an election to be held in June 1972, for the office of supervisor of Los Angeles

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County from the Fifth Supervisorial District. The trial court determined that he was not so entitled; we agree.

For 17 years, plaintiff has resided at 10612 Kester Avenue, in the City of Los Angeles, County of Los Angeles. Prior to August 27, 1971, that residence was within the boundaries of the said Fifth District, and plaintiff was an unsuccessful candidate for supervisor from that district at the last election held therein. On. August 27, 1971, Los Angeles County Ordinance No. 10322 became effective. That ordinance, adopted pursuant to the legal requirement for periodic redistricting of supervisorial districts, changed the boundaries of the Fifth District in such a manner as to place plaintiff’s residence approximately one-tenth of a mile outside the Fifth District as re-defined and within the Third Supervisorial District.

Section 4 of article II of the. Los Angeles County Charter provides, in pertinent part: “The County of Los Angeles shall have a Board of Supervisors consisting of five members, each of whom must be an elector of the district which he represents, must reside therein during his incumbency, must have been such elector for at least one year immediately preceding his election, and shall be elected by such district. . .

We regard the opinion in

Lindsey

v.

Dominguez

(1933) 217 Cal. 533 [20 P.2d 327], as settling, at least so far as this court is concerned, that a residency requirement for public office is valid. If later cases, in other fields, applying the so-called “compelling state interest” and “fundamental right” theories, require a different rule, it is the exclusive province of a higher court so to determine.