Knoll v. Davidson

In Knoll v. Davidson (1974) 12 Cal.3d 335, filed in 1974, the California Supreme Court dealt with an attack on the constitutionality of a procedure adopted in Alameda County for implementing Elections Code section 10012.5 (now Elec. Code, 10012). That procedure required a candidate to prepay the estimated cost of preparing and mailing a "candidate's statement." The Knoll court, in striking down the prepayment requirement, observed that there was no statutory basis therefor. More importantly, however, the court also stated at page 352: "It is impermissible for the state or local agency involved to deny this opportunity solely on the basis of wealth, thereby giving an unfair advantage to the affluent and invidiously discriminating against those unable to afford the substantial fees. Therefore in the present case the county cannot constitutionally require that a candidate pay a fee equal to his pro rata share of the printing and handling costs as a condition to having his statement of qualifications included in the voter's pamphlet."