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Gould V. Grubb

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eBook details

  • Title: Gould V. Grubb
  • Author : Supreme Court Of California
  • Release Date : January 07, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

In this case we must determine the constitutionality of an election procedure which automatically affords an incumbent, seeking reelection, a top position on the election ballot. After a full evidentiary presentation at trial, the superior court found that a significant advantage accrues to a candidate by virtue of a top ballot position; in light of this advantage, the court concluded that it was constitutionally impermissible to reserve such positions for incumbents. The court accordingly struck down a Santa Monica Charter provision embodying such a procedure. The city*fn1 appeals from the adverse judgment, claiming first that the trial court's factual finding is not supported by substantial evidence, and second that, in any event, the "incumbent first" procedure is not unconstitutional.


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