# East Bay Municipal Utility District v. Appellate Department

> California Supreme Court · March 27, 1979 · 23 Cal. 3d 839

URL: https://www.frixlaw.com/law-library/cases/9550980

## Case

- **Full name:** EAST BAY MUNICIPAL UTILITY DISTRICT, Petitioner, v. THE APPELLATE DEPARTMENT OF THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; ROBERT KAHN Et Al., Real Parties in Interest
- **Court:** California Supreme Court
- **Decided:** March 27, 1979
- **Citations:** 23 Cal. 3d 839; 153 Cal. Rptr. 597; 591 P.2d 1249; 1979 Cal. LEXIS 232
- **Precedential status:** Published
- **Opinion:** Dissent by Newman
- **Judges:** Clark, Newman
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9550980

## Opinion text

NEWMAN, J.
I dissent. The majority opinion states, “A ‘free election’
[guaranteed by article II, section 3 of the California Constitution] does not mandate a free ride from all election campaign expense and particularly not from the pro rata cost of publicizing personal qualifications for the office one seeks.”
By no means does this case involve “a free ride from all election campaign expense.” It involves government action, government financing. In my view an election is not free, within the meaning of article II, section 3, if a government is allowed to assess any of its costs to the candidates.
Bird, C. J., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9550980. Public record. Not legal advice.