203 Cal. App. 4th 1476
Cal. Ct. App.2012Background
- Fuller sought a writ to block Berryhill from appearing on the 2010 primary ballot based on Berryhill’s alleged failure to meet the one-year residency in the 14th Senate district.
- The superior court declined to block Berryhill, ruling the residency requirement unconstitutional under the Fourteenth Amendment.
- Fuller appealed contending the residency requirement is unconstitutional; the Secretary of State and Berryhill defended jurisdictional limits on judicial review.
- The court held that threshold jurisdictional issues—specifically the Legislature’s exclusive power to judge qualifications under the California Constitution—resolve the case before considering the constitutional merits.
- The court ultimately affirmed the judgment, concluding the Senate has sole authority to judge Berryhill’s qualifications and that section 13314 cannot be used to preempt preprimary eligibility determinations.
- The opinion also analyzes mootness and explains the public interest exception applies, allowing appellate review notwithstanding the completed election.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case is moot and subject to public interest review | Public interest exception applies; issues recur | Moot unless public interest exception applies | Public interest exception applies; review permitted |
| Whether the courts have jurisdiction to adjudicate preprimary eligibility | Judiciary should interpret constitutional provisions | Legislature alone can judge qualifications under Art. IV, §5(a) | Court lacks jurisdiction; Legislature has exclusive authority to judge qualifications |
| Whether Powell v. McCormack governs preprimary challenges | Powell supports judicial interpretation of the Constitution | Powell is inapposite; California Constitution vests power in Legislature | Powell inapplicable; judiciary not to decide preprimary eligibility |
| Whether Allen v. Lelande and McGee prohibit preprimary challenges | Extends McGee to preprimary challenges | Preprimary challengers cannot bypass legislative exclusive jurisdiction | McGee/Allen apply; preprimary challenges fall within legislative exclusivity |
Key Cases Cited
- Allen v. Lelande, 164 Cal. 56 (Cal. 1912) (legislature sole judge of qualifications; courts cannot preempt ballot decisions)
- In re McGee, 36 Cal.2d 592 (Cal. 1951) (legislature’s prerogative to judge qualifications cannot be delegated; preprimary review improper)
- Powell v. McCormack, 395 U.S. 486 (U.S. 1969) (congress may be limited by constitutional standing qualifications; not controlling for state preprimary review)
- French v. Senate, 146 Cal. 604 (Cal. 1905) (separation of powers; courts cannot revise legislative actions in evaluating membership)