Opinion

Johnson v. Hamilton

  • 15 Cal. 3d 461
  • 125 Cal. Rptr. 129
  • 541 P.2d 881
  • 1975 Cal. LEXIS 244
Court
California Supreme Court
Filed
Oct 27, 1975
Status
Published
Author
Mosk
On the bench
Richardson, Clark, Mosk, Okrand, Petitioners
Cited by
49 cases
Authority
More cited than 5.2%

defined by ability to pay

How later courts described this case

  • defined by ability to pay

Written by the judges who cited it.

The opinion

MOSK, J.

I concur.

Nevertheless, I still adhere to the belief that the preferable test is to determine whether the elected candidate meets residence requirements at the time of assumption of office. (See my concurring opinion in Thompson v. Mellon (1973) 9 Cal.3d 96, 109 [ 107 Cal.Rptr. 20 , 507 P.2d 628 , 65 A.L.R.3d 1029 ].) Í would also base our conclusion on article I, section 7, subdivision (b), of the California Constitution.

However, recognizing that in this field as in so many others, perfection eludes definition as well as attainment, I am willing to join the majority in its conclusion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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