Lets say I want to run for office in California. I'm a resident of California, but I haven't been a resident of California for five years, which is a requirement. I want to argue that this infringes on my first amendment rights.

Do I actually have to file the form, pay the fee and then be formally denied? Or is this not a requirement?

I'm just curious about the mechanics of it. Taking a page from this journal article, I'd argue the right to candidacy is a first amendment right, and that having long state residency requirements violates that right.

Just mechanically, how does this process work?

  • 3
    Are you a resident of California? It would seem that you would need to be a resident of the state to have standing to file suit. (And if you are a resident, you can then run for office...???) Do you see the paradox? Maybe it would improve the question if you explained the policy or provided a link, and explain why it's unconstitutional. May 11 at 23:37
  • 1
    California constitution or US constitution? Candidates for what office? Suing for equitable relief or monetary damages? All of these details would be relevant in determining how to answer.
    – David Reed
    May 12 at 3:41
  • USA Lets say, I'm a California resident, but I haven't lived there for 5 or three years or whatever the residency requirement is. There are a number of ways to argue this but let's say I want to argue that argue its a violation of the first amendment. I'd sue for equitable relief. taking inspiration from this --> jstor.org/stable/…
    – JCool
    May 14 at 18:46
  • @JCool There are significant differences depending upon whether you are running for federal office or state office. Considerable case law limits the extent to which requirements not directly stated in the U.S. Constitution limit the right to run for federal office. The analysis and relevant facts when running for state office are quite different since the qualifications are determined in the first instance under state law but the U.S. Constitution state citizenship clause and privileges and immunities clauses limit the extent to which state residency can be considered.
    – ohwilleke
    May 15 at 19:48
  • How would it work if it was federal?
    – JCool
    May 19 at 11:30


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