Legal Opinion
Opinion No. (2005)
California Attorney General Reports
Decided November 22, 2005Published
1Opinion of the Court
BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General
THE HONORABLE BRUCE McPHERSON, SECRETARY OF STATE, has requested an opinion on the following question:
Is a person who is incarcerated in a local detention facility, such as a county jail, for the conviction of a felony eligible to vote?
CONCLUSION
A person who is incarcerated in a local detention facility, such as a county jail, for the conviction of a felony is not eligible to vote.
ANALYSIS
Section 4 of article II of the California Constitution provides:
"The Legislature shall prohibit improper practices that affect elections…
2Cases cited23 opinions
- Amador Valley Joint Union High School District v. State Board of EqualizationCalifornia Supreme Court · 1978
- People ex rel. Lungren v. Superior CourtCalifornia Supreme Court · 1996
- People v. BirkettCalifornia Supreme Court · 1999
- In Re DannenbergCalifornia Supreme Court · 2005
- Methodist Hosp. of Sacramento v. SaylorCalifornia Supreme Court · 1971
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