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LEGAL SERVICES FOR PRISONERS WITH CHILDREN v. BOWEN

No. A120220.

170 Cal.App.4th 447 (2009)

LEGAL SERVICES FOR PRISONERS WITH CHILDREN et al., Petitioners, v. DEBRA BOWEN, as Secretary of State, etc., et al., Respondents.

Court of Appeals of California, First District, Division Two.

January 22, 2009.

Attorney(s) appearing for the Case

John R. Cosgrove for Petitioners.

Maya L. Harris, Margaret C. Crosby, Diana C. Tate, Saneta De Vuono-Powell; and Brad Seligman for the American Civil Liberties Union of Northern California and Impact Fund as Amici Curiae for Petitioners.

Edmund G. Brown, Jr., Attorney General, Christopher E. Krueger, Assistant Attorney General, Stephen P. Acquisto, Jason E. Rios and Jeffrey I. Beddell, Deputy Attorneys General, for Respondent Debra Bowen.

James N. Fincher, County Counsel, James E. Stone and Roger S. Matzkind, Chief Civil Litigators, for Respondent Registrar of Voters of Merced County.

Judy W. Whitehurst, County Counsel, and Patrice J. Salseda, Deputy County Counsel, for Respondent Registrar of Voters of Los Angeles County.

Robert A. Ryan, Jr., County Counsel, and John F. Whisenhunt, Jr., Assistant County Counsel, for Respondent Registrar of Voters of Sacramento County.

OPINION

RICHMAN, J.

Little-known section 2 of the Fourteenth Amendment of the United States Constitution allows states, without offending equal protection, to disenfranchise citizens "for participation in rebellion or other crime." Petitioners here seek a writ of mandate, claiming that the disenfranchisement allowed by the section is limited to felonies at common law. We conclude that there is no historical evidence supporting the claim. And...

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