Boyer v. Ventura CountyAnnotate this Case
The Court of Appeal denied a petition for writ of mandate seeking to compel defendants to put plaintiff on the primary election ballot for county sheriff. The court affirmed the trial court's ruling that Government Code section 24004.3, which required persons to be elected county sheriff to meet certain law enforcement experience and education, is constitutional. The court explained that there was good reason why the Legislature imposed an experience requirement because, in order to have a true understanding of law enforcement, you must learn about it in the field doing it.
The court held that the state Constitution empowers the Legislature to provide for the election of county sheriffs and to set minimum qualifications for sheriff candidates. The court rejected the argument that section 24004.3 conflicts with or was preempted by the California Constitution. The court also held that there was no merit to the argument that the Legislature exceeded its authority pursuant to the California Constitution in enacting section 24004.3 or that the statute violates the First Amendment rights of would-be candidates or the voters at large. Finally, the trial court reasonably concluded that plaintiff's delay in filing and prosecuting the writ petition was prejudicial.