Allen v. Lelande

In Allen v. Lelande (1912) 164 Cal. 56, the California Supreme Court denied a petition for a writ of mandate which sought to order a county clerk to strike the name of a candidate for the state Assembly from the ballot because of alleged nonresidency. In so doing, the court relied upon article IV, section 7 of the California Constitution (predecessor to current Cal. Const., art. IV, 5): "'Each house shall choose its officers, and judge of the qualifications, elections, and returns of its members.' By that article the assembly is made the exclusive judge of the qualifications of its members. The law providing for an official ballot cannot be held to have changed the intent of the people in adopting that constitutional provision that the assembly should be the sole and exclusive judge of the eligibility of those whose election is properly certified. For this court to undertake to try the question of eligibility and to deprive the candidate of any chance to be elected, would simply be to usurp the jurisdiction of the assembly." (Allen v. Lelande, supra, 164 Cal. at p. 57)