Camara v. Mellon

Decision Date05 March 1971
Docket NumberS.F. 22796
Citation4 Cal.3d 714,484 P.2d 577,94 Cal.Rptr. 601
CourtCalifornia Supreme Court
Parties, 484 P.2d 577 Edward CAMARA, Petitioner, v. Angele MELLON, as City Clerk, etc., Respondent.

Robert B. Yonts, Jr., and Lucas, Wyckoff, Miller, Dunton & Comstock, Santa Cruz, for petitioner.

Rodney R. Atchison, City Atty., and Atchison, Haile & Haight, Santa Cruz, for respondent.

PER CURIAM.

Petitioner Edward Camara, in an original proceeding before this court, seeks a writ of mandate to compel respondent Angele Mellon, City Clerk of the City of Santa Cruz, to file his nomination papers and place his name on the ballot as a candidate for the Santa Cruz City Council in the election to take place on April 13, 1971. Petitioner has been a state resident since September 1962, and a Santa Cruz resident since July 1, 1968.

Respondent contends that he does not have a duty to accept petitioner's nomination papers because petitioner has not complied with section 602 of the Santa Cruz City Charter.

Section 602 in pertinent part provides: 'No person shall be eligible to be * * * a member of the Council unless he * * * shall have been for at least three (3) years preceding his election or appointment, a resident of the City of Santa Cruz * * *.'

For reasons to be further elucidated in Zeilenga v. Nelson, 4 Cal.3d 716, 94 Cal.Rptr. 602, 484 P.2d 577, we have concluded that the challenged Santa Cruz charter provision violates the Equal Protection Clause of the Fourteenth Amendment to the federal Constitution.

Respondent City Clerk of the City of Santa Cruz is hereby directed, if petitioner complies with all other requirements for becoming a candidate for City Councilman of the City of Santa Cruz on or before March 5, 1971, to place petitioner's name upon the ballot prepared for the municipal election of April 13, 1971. This order is final forthwith.

WRIGHT, C.J., and McCOMB and BURKE, JJ., dissent.

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8 cases
  • Ramirez v. Brown
    • United States
    • California Supreme Court
    • 30 Marzo 1973
    ...255, 473 P.2d 999.) Again, in Zeilenga v. Nelson (1971) supra, 4 Cal.3d 716, 94 Cal.Rptr. 602, 484 P.2d 578, Camara v. Mellon (1971) 4 Cal.3d 714, 94 Cal.Rptr. 601, 484 P.2d 577, and Thompson v. Mellon (1973) Cal., 107 Cal.Rptr. 20, 507 P.2d 628, we held that residence requirements of five,......
  • Johnson v. Hamilton
    • United States
    • California Supreme Court
    • 27 Octubre 1975
    ...imposed by the Butte County Charter on candidates for the County Board of Supervisors. At the same time, in Camara v. Mellon (1971) 4 Cal.3d 714, 94 Cal.Rptr. 601, 484 P.2d 577, we invalidated a three-year residence requirement of the Santa Cruz City Charter for candidates to the city counc......
  • Thompson v. Mellon, S.F. 22984
    • United States
    • California Supreme Court
    • 16 Marzo 1973
    ...seek public office because it is not necessary to achieve a compelling governmental interest. He relies upon Camara v. Mellon (1971) 4 Cal.3d 714, 94 Cal.Rptr. 601, 484 P.2d 587 and Zeilenga v. Nelson (1971) 4 Cal.3d 716, 94 Cal.Rptr. 602, 484 P.2d In Camara this court held that the Three-y......
  • Jolicoeur v. Mihaly, S.F. 22826
    • United States
    • California Supreme Court
    • 27 Agosto 1971
    ...737, 389 P.2d 129), and where an individual sought certification by the city clerk as a candidate for office. (Camara v. Mellon (1971) 4 Cal.3d 714, 94 Cal.Rptr. 601, 484 P.2d 577.)No less speedy resolution of the issues presented by petitioners would be adequate here. The last day for regi......
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