On February 21, the California State Court of Appeals in Sacramento heard oral arguments in Fuller v Bowen, a case filed by a legislative candidate who meets the California Constitution’s one-year duration of residency requirement for candidates for the legislature. She had filed the case two years ago to force the Secretary of State to enforce the California Constitutional requirement against one of her opponents, who did not meet the one-year requirement.
The three judges, by their questions and statements, seem very likely to rule that the provision can’t be enforced, unless the legislature itself unseats someone who was elected but who doesn’t meet the requirement. One judge did seem somewhat bothered by the fact that the requirement goes unenforced. He asked the attorney for the Secretary of State if it is true that the provision goes unenforced. However, then the same judge asked another question before the attorney could answer, so unfortunately, the attorney for the state never answered the question.
The panel of judges even refused to let the appellant, Heidi Fuller, submit the decision of the New Jersey Supreme Court from February 16, which did enforce an almost identical provision of New Jersey’s Constitution. They said she notified the panel too late about that decision.