The Sacramento-based Court of Appeal says in its decision that it’s not touching the issue of constitutionality. “The California Constitution vests in each house of the Legislature the sole authority to judge the qualifications and elections of a candidate for membership in that house, even when the challenge to the candidate’s qualifications is brought prior to a primary election,” it says.
“Our interpretation leads us to the narrow conclusion that it is not the judiciary’s role to judge the qualifications and elections of candidates for membership in the Legislature,” says the appellate court ruling.
California State Appeals Court Issues Opinion in Duration of Residency Lawsuit for Legislative Candidates
