Giron v. Huff
This appeal arose out of an action filed by the elections official of the City of Vernon, Bruce Malkenhorst, Jr.[1](the Elections Official) for an order pursuant to Elections Code[2]section 2213 directing the Los Angeles County Registrar-Recorder (the Registrar) of voters to cancel the voter registrations of eight individuals who had registered to vote in the April 2006 Vernon municipal elections. The Elections Official argued that the eight voter registrations should be cancelled because (1) the location they had listed as their residence could not legally serve as a domicile for the purposes of the California Elections Code; and (2) the registrations were made pursuant to a fraudulent scheme purportedly concocted by three other individualsEduardo Olivo, Cris Summers and Albert T. Roblesto take over Vernon. After a bench trial the court concluded that the voters were entitled to judgment because they were legally domiciled in Vernon when they registered to vote and that the Elections Official had not demonstrated that the voters had registered pursuant to an illegal or fraudulent scheme in violation of the California Elections Code. On appeal, the Elections Official claims the court misapplied the law of domicile and erred in concluding that the registration of the voters was not otherwise fraudulent. As Court shall explain, the evidence presented at trial demonstrated the voters had satisfied the requisite domicile requirements under the law and also supported the trial courts legal conclusion the Elections Official failed to prove that the voters were registered in a manner that violated the Elections Code such that their registrations must be cancelled. Accordingly Court affirm.
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