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sr-102776-cao opinion+~ K:DTO::nms 10.27.76 CA CITY ATTORNEY OPINION Opinion CA76-54 - October 27, 1976 SUBJECT: Residence Requirements for City Office Candidates REQUESTED BY: Kenneth O. Grubb, City Clerk OPINION BY: Richard L. Knickerbocker, City Attorney Dennis T Omoto, Deputy City Attorney QUESTION PRESETdTED Generally, is any durational residency requirement for local office candidates in excess of thirty (30) days violative of the Fourteenth Amendment to the United States Constitution? CONCLUSION Yes. In Johnson -vs- Hamilton, 15 Cal. 3rd 461, 125 Cal. Rptr. 129 (1975), the Supreme Court of California held that any durational residence requirement for candidates for local office in excess of thirty (30) days is violative o£ the equal protection clause of the Fourteenth Amendment to the United States Constitution. ANALYSIS Loner Beach Charter Attacked on Constitutional_Grounds The constitutionality of tcoo provisions of the Charter of the City of Long Beach which imposed residency requirements on candidates for ciiy offices was challenged in the case entitled Johnson -vs- Hamilton, supra. A candidate for the City Council of Long Beach -1- !tLK:DTO:mms 10.27.'16 CA challenged two provisions of the City Charter, namely, (1) §29, requiring a one-year residence in the city preceding the election or appointment to any board or commission o£ the city, and (2} §30, requiring, as to a candidate for the City Council, a six month's residence in the district from which he is nominated, prior to filing his declaration of candidacy. rement in Excess of Thirty Days is Unconstitutional The Supreme Court of California has had occasion, in a series of cases, to hold invalid candidate residence requirements on equal protection grounds. Thusly, in Zeilenga -vs- Nelson, 4 Cal. 3rd 716, 94 Cal. Rptr. 602 (1971), a five-year durational residence requirement imposed by the Butte County Charter on candidates-for the County Board of Supervisors was held to be deficient. At the same time, in Camara -vs- "Mellon, 4 Cal. 3rd 714, 94 Cal. Rptr. 601 (1971), the Supreme Court of California invalidated a three-year residence requirement of the Santa Cruz City Charter for candidates to the City Council. More recently, in Thompson -vs- Mellon, 9 Cal. 3rd 96, 107 Cal. Rptr. 20 (1973), said Court found vulnerable to similar attack a two- year requirement contained in the same charter, and for the same office as those involved in Camara -vs- Mellon, supra. The evolving process finally culminated in the holding of Johnson -vs- Hamilton, supra, wherein, the California Supreme Court held as follows: "Such a 30-day prefiling residence -2- RLK:DTO:mms 10.27.76 CA requirement seems reasonably necessary and convenient to accommodate the needs of election officials and their tasks of timely verification of the candidate;'s true .residence prior to the preparation and distribution of ballots. Accordingly, we hold that any durational residence requirement for candidates for local office in excess of the foregoing period is violative of the equal protection clause of the Fourteenth Amendment." (Emphasis added). In conclusion, pursuant to the express holding of the Supreme Court of California, it is a violation of the equal protection clause of the Fourteenth Amendment to the United States Constitution to require that a candidate for a local office be a resident- for a period of more than thirty (30) days next preceding the date of filing of nomina- tion papers or the equivalent declar on of candidacy. Re tfully ub t , ` ~~ ~° DE -NIS T OI4OTO Deputy City Attorney -3-