Legal Archives - Page 120 of 267

Declarations of Existing Law in California Statutes

January 22, 2022 11:07 amJanuary 22, 2022 8:13 am

In California statutes, readers may come across the following or a similarly-worded phrase: “This section is declaratory of existing law.” What does that mean? Basically, it is an effort by the Legislature to provide retroactive effect to a change in...

Voter Qualifications in California

January 22, 2022 7:34 amJanuary 22, 2022 7:39 am

Voter qualification rules are found in the California Elections Code in Division 2, Chapter 1. Article 1 provides General Provisions and it references Article II, Section 2 of the California Constitution. Section 2(a) specifies that “a United States citizen 18...

California Online Voter Registration

January 21, 2022 3:15 pmJanuary 21, 2022 1:23 pm

Elections Code Division 2, Chapter 2.5 provides online voter registration standards. Section 2196 provides that a person who is qualified to register to vote and who has a valid California driver’s license or state identification card may submit an affidavit...

Liberally Construing California Statutes

January 21, 2022 10:30 amJanuary 21, 2022 8:59 am

A common feature of statutes is for the legislature to state its intent regarding how courts and the judicial branch should “liberally construe” the statutory provisions adopted by the legislative branch of government. By my count, there are over 250...

A sea of empty desks inside the California State Assembly

California’s General Prohibitions Against Conflicts of Interest

January 21, 2022 8:34 amJanuary 21, 2022 8:42 am

California has extensive conflict of interest provisions applicable to state officials. They are contained in Government Code Title 9, Chapter 7, Article 1, and include General Prohibitions that are set forth in Sections 87100 to 87105, which were added in...

Appellate Court Rules LA, Ventura Counties Violated 2nd Amendment During Pandemic

January 21, 2022 2:42 amJanuary 20, 2022 8:53 pm

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled on Thursday that Los Angeles County and Ventura County violated the second amendment during the COVID-19 pandemic in 2020 by shutting down gun and ammunition stores, reversing an...

California Statutes Codifying Court Decisions

January 20, 2022 6:17 pmJanuary 20, 2022 4:34 pm

On occasion, the California Legislature codifies in statute reported appellate court decisions. These codifications are helpful because they make clear how the Legislature intends for the courts to interpret the code sections that rely upon the court decision. The following...