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How long must a primary election candidate live in his respective…

How long must a primary...
How long must a primary election candidate live in his respective district to qualify as a California state senator for the Nov. 2 , 2010 general election. Does the Federal Govt have jurisdiction over the state laws?
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Answered in 29 minutes by:
6/26/2010
legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13,441
Experience: Attorney-Business degree from The University of Texas
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http://www.sos.ca.gov/elections/Special/sd37/sd37-qualifications-requirements.pdf The only requirement is that you have been registered to vote for at least 3 months prior to your nomination. A federal law will trump a state law.
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Customer reply replied 8 years ago

Where do you get 3 months? Please quote the Article and Section. Also, how does Federal law trump state residency laws?
The intent of the law is to keep local candidates "local" so that they are familiar with "local" issues. San Diego does not have the Delta water problem that the Central San Joaquin Valley has. That was the intent of the law. Congressional and US Senate candidates are exempt for logical reasons. Why have CA Constitution Article IV, Sect 2(c) if it is meaningless as you, basically, interpret it to be?
Why is it not being enforced. I was scheduled to run in a diff. senate district until I realized I violated the law. Why does it apply only to law abiding citizens and not to corrupt ones? Is there any wonder why California is going down hill?
Not yet satisfied with your answer. Please expain more.
Thank you.
Customer reply replied 8 years ago
Relist: Incomplete answer.
I asked him a question that he has not answered yet. Need a California answer not from Texas.
The state senate residency laws are different in California as he made it very obvious. Need his answer before I pay anything, of course.
Tom Marsella

"Article IV, section 2(c), of the California Constitution requires one year residency in the legislative district and three years residency in California; however, it is the legal opinion of this office that these provisions violate the U.S.Constitution and are unenforceable." The Federal law and Constitution trump any state law that is less restrictive than the federal law.

I get three months from the CA link on who may apply to run in the election. I do not say it is meaningless, the CA Secretary of State says it is.

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Customer reply replied 8 years ago

How does it violate the US Constitution in a state election? What article does it violate.
So anyone can run for any state legislative election from any town at any time basically
If so, why does it not state that. Back to "intent" of the law. Can a person from Nevada run for Senate in California? If not why? Doesn't make sense as to the "intent" of the law. Where can one challenge this clear violation on the intention of CA law?
Does one file a suit against the CA Secty of State?

No a person from NV can not run in CA unless they are a registered voter in CA. If you disagree with the Secretary of State then you would have to sue the Sec. of State.

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Customer reply replied 8 years ago

If we back off a bit and look at the INTENT of the existing CA law, Article IV, Sect 2(c), why is it on the books if it is meaningless? Why is it there? When will a judge with acorns either enforce it or dismiss it?
I dropped out of a senate race this year and left $2 million "targeted" dollars on the table because I thought it unconstitutional to not live in the district I was to represent.I dropped out only to find out Assemblyman Tom Berryhill, in the 14th district which I live in the district, didn't live in the district and cared less. It didn't stick and still is questionable. I am listed in second place and voters are asking me questions as to why Berryhill is allowed to be eligible when it is NOT legal and this violates the CA constitution. What would you do?
So, I am asking the same question as to the recourse I have. Please respond
Tom Marsella
I understand the intent however the CA Sec of State has decided otherwise and until someone in your position or until voters file suit to get the state court to rule that the sec of state is wrong, there in no relief. I would not have dropped out but fought the law based on the Sec. of state's interpretation.
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Customer reply replied 8 years ago

One of the other candidates in our race, did file suit, and the courts bounced it to other courts without taking it to court to be decided. I.e. "no action".

I have until 6 days after the final count to file.

Yes, maybe I should have stayed in the 16th district race, where I was favored to win with help from local congressmen, etc. Just couldn't run when the law states different. A character decision and I can hold my head up high.

What court or jurisdiction would you suggest I file and against whom?.
The state district court is where you would start to fight the election of the person who did get elected and who did not live in that district.
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Customer reply replied 8 years ago

Is that in Superior Court of Fresno county where I live, which is in the 14th senate district, or in Stanislaus County where the candidate lives, or in Sacramento county which is the capital of CA. ?
I would prefer Fresno County of course.
-Tom
It would be the county where the election was held.
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Customer reply replied 8 years ago
The election was held in 6 counties, one being Fresno where I live and also in Stanislaus County, 2 hours north of me, where Berryhill lives. He is current Assemblyman there; his cousin is running for congress and his brother for assembly. Quite a group.
Would Fresno County be acceptable to file?
Is it Superior Court?
Also, what are my legal issues since you mention the Federal Govt trumps state laws.
Thanks for your answers.
-Tom Marsella
Fresno would be fine since it was part of the election. Superior court is where you start and then if you lose you appeal up the chain. Just because the Sec. of State says the law is not valid does not mean that is based on law. You can argue that they are wrong and that the us consitution allows the state to have different provisions for their state elections.
legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13,441
Experience: Attorney-Business degree from The University of Texas
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legaleagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 8 years ago

Good job Legaleagle. Very good follow through.
-Tom Marsella
www.marsellaforsenate.com
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