Lindsey v. Dominguez

PRESTON, J.

Proceeding in mandate by petition of an elector to compel respondent city clerk to omit from the official ballot to be used at the primary election to be held in Los Angeles on May 2, 1933, the name of Emory J. Arnold for the office of councilman of the Tenth Council-manic District of the city of Los Angeles. The petition, demurrer and answer thereto, present but a single question and that is the qualification of Arnold for said office under the Los Angeles city charter. Section 307 of the charter provides:

“ No person shall be eligible to nomination or election to any office under this charter who at the time of his nomination and election is not a qualified elector of this city, and shall not have been a resident of the city for at least two years next preceding his nomination or election, and to be eligible to nomination or election to the office of member of the council, the person nominated or elected must have been a resident of the district from which he is nominated

[535]

or elected for at least two years next preceding his nomination or election.”

Arnold, for some seven years prior to December 19, 1932, resided at a place designated as 918 South Beacon Street in said city, in what was then known as Councilmanic District No. 10. On said day he removed to 234 West Adams Street, which was then located in the same district. On January 24, 1933, the boundaries of said district were so altered as to exclude his former residence and make it part of a different councilmanic district. On March 6, 1933, Arnold filed a petition with respondent clerk in due form and took such further steps as are required to place his name on the official ballot for the forthcoming primary election.

Petitioner complaining, asserts that Arnold, because of a deficiency in his period of residence within said district, cannot qualify to hold the office of councilman and hence he instituted this proceeding. It is at once seen that to be qualified to hold said office, Arnold must tie to his present residence about one and one-half years of his first residence, which is now and since January 24, 1933, has been without District No. 10.