richardson ramirez argued january decided june three individual respondents convicted felonies completed sentences paroles refused registration vote three different california counties respectively felony convictions brought class petition behalf similarly situated writ mandate california naming defendants secretary state three county election officials denied registration individually representatives class county election officials state challenging constitutionality respondents disenfranchisement ground inter alia provisions california constitution implementing statutes disenfranchised denied equal protection three county officials named defendants decided contest action told henceforth register vote including respondents whose sentences paroles expired prior return date writ added named defendants instead allowing intervene another county election official petitioner defendant similar action pending state appeal holding three county officials acquiescence render case moot california went hold constitutional statutory provisions question applied whose sentences paroles expired violated equal protection clause fourteenth amendment issue peremptory writ held view unusual procedural history california case moot pp state action adding petitioner named defendant named county officials decided contest action time secretary state join petition still party defendant answered complaint indicates considered suit behalf three named plaintiffs also behalf california similarly situated also regarded petitioner opponent appeal suit unnamed member class referred complaint one class actually seeking register petitioner county party action pp rendered class action relief nature declaratory relief granted decision binding petitioner thus dispositive suit also decides federal constitutional question presented unnamed members classes represented petitioner respondents whose continuing controversy state still continues brockington rhodes distinguished california disenfranchising convicted felons completed sentences paroles violate equal protection clause pp understanding framers fourteenth amendment reflected express language amendment exempts sanction reduced congressional representation resulting denial citizens right vote denial right participation rebellion crime historical judicial interpretation amendment applicability state laws disenfranchising felons controlling significance distinguishing laws state limitations franchise held invalid equal protection clause pp section fourteenth amendment contains equal protection clause dealing voting rights meant bar outright form disenfranchisement expressly exempted less drastic sanction reduced representation imposed forms disenfranchisement even made part amendment largely accident political exigency rather relation bore sections amendment respondents contend preclude looking guidance interpreting since much part amendment sections became part amendment less important says means rehnquist delivered opinion burger stewart white blackmun powell joined douglas filed dissenting statement post marshall filed dissenting opinion brennan joined part douglas joined post duncan james argued cause filed briefs petitioner martin glick argued cause respondents brief gene livingston burton fretz daniel hays lowenstein filed brief respondent brown secretary state california evelle younger attorney general iver skjeie assistant attorney general george roth deputy attorney general filed brief state california amicus curiae urging reversal briefs amici curiae urging affirmance filed chesterfield smith daniel skoler american bar philip goar wirin fred okrand american civil liberties union southern california justice rehnquist delivered opinion three individual respondents case convicted felonies completed service respective sentences paroles filed petition writ mandate california compel california county election officials register voters claimed behalf others similarly situated application provisions california constitution implementing statutes disenfranchised persons convicted infamous crime denied right equal protection laws federal constitution california held applied whose terms incarceration parole expired provisions article ii article xx section california constitution denying right suffrage persons convicted crime together several sections elections code implementing disqualification violate equal protection clause fourteenth amendment ramirez brown cal granted certiorari article xx california constitution provided since adoption aws shall made exclude voting persons convicted bribery perjury forgery malfeasance office high crimes time respondents refused registration former art ii california constitution provided part alien ineligible citizenship idiot insane person person convicted infamous crime person hereafter convicted embezzlement misappropriation public money person shall able read constitution english language write name shall ever exercise privileges elector state sections california elections code provide affidavit registration shall show whether affiant convicted felony disqualifies voting sections direct county clerk cancel registration voters convicted infamous crime embezzlement misappropriation public money sections permit voter qualifications challenged ground convicted felony embezzlement misappropriation public money california provides statute restoration right vote persons convicted crime either order completion probation prison term served executive pardon completion rehabilitation proceedings california also provides procedure person refused registration may obtain judicial review disqualification individual respondents convicted one felonies served time jail prison followed successfully terminated parole respondent ramirez convicted texas respondents lee gill convicted california ramirez applied register vote san luis obispo county county clerk refused allow register monterey county clerk refused registration respondent lee stanislaus county registrar voters hereafter also included references clerks refused registration respondent gill three respondents refused registration felony convictions may respondents filed petition writ mandate california invoking original jurisdiction named defendants three election officials san luis obispo monterey stanislaus counties refused allow register individually representatives class county clerks registrars voters duty determining respective counties whether denied right vote petition writ mandate challenged constitutionality respondents exclusion voting rolls two grounds first contended california denial franchise class longer withstand scrutiny equal protection clause fourteenth amendment relying recent cases respondents argued compelling state interest must found justify exclusion class franchise california assert interest respect second respondents contended application challenged california constitutional statutory provisions election officials state counties lacking uniformity deny due process geographical equal protection appended report respondent california secretary state questionnaires returned county election officials based report concluded wide variation county election officials interpretation challenged voting exclusions california upheld first contention therefore reach second one reaching respondents constitutional challenge california considered whether decision reached three county clerks contest action together representation henceforth permit whose terms incarceration parole expired register vote rendered case moot decided acquiescence three officials way binding election officials california counties respondents might choose reside undisputed many among residents counties refused registration ground challenged case posed question broad public interest likely recur receive statewide resolution exercised inherent discretion resolve issue even though event occurring pendency normally render matter moot rule particularly applicable challenges validity election laws cal addition california cases cited roe wade goosby osser practical matter doubt spirited dispute parties constitutionality california provisions disenfranchising even though california fact issue permanent writ mandate therefore judgment effect declaratory judgment action relief may stem controversy definite concrete touching legal relations parties adverse legal interests aetna life insurance haworth reason special relationship public officials state last resort state decision california left standing leaves permanently bound conclusion matter federal constitutional law cf north dakota pharmacy bd snyder stores case respects presents stronger arguments concluding live case controversy remains election cases addressed question mootness unlike moore ogilvie particular candidacy apt revived future election hall beals voters disenfranchised residence requirement suffered fate amended statute respondents indefinitely disenfranchised provisions california law challenge situation moore ogilvie supra described capable repetition yet evading review involved best described view california decision state officials obligation follow law laid incapable repetition therefore evading review thus strongest sorts practical arguments well language moore ogilvie supra militate conclusion mootness case purely practical considerations never thought controlling issue mootness california may choose adjudicate controversy simply public importance desirability statewide decision limited requirement art iii adjudication actual disputes adverse parties mootness problem arises noted california assured three county clerks named defendants three named plaintiffs allowed register vote three named plaintiffs resided respectively california counties san luis obispo monterey stanislaus county clerks counties named defendants neither defended action california sought review petitioner county clerk mendocino county though course bound judgment california since made party action concrete dispute voters reside counties thus case limited named parties alone persuasively argued present dispute issue right register three named individual respondents one named petitioner think however unusual procedural history case california leads conclusion litigation us moot individual named plaintiffs brought action california behalf similarly situated simply residing counties named plaintiffs resided county clerks stanislaus monterey san luis obispo named parties defendant designated original complaint filed california representatives class county clerks california secretary state likewise named party defendant basis complaint california issued alternative writ mandate directed three named county clerks individually representatives class county clerks registrars voters directing register vote simply three named plaintiffs whose term incarceration parole expired upon application demonstrate otherwise fully qualified vote alternative show cause done upon return date writ thus california many words say permitting respondents proceed way class action fact process recited named clerks subject individually representatives class county clerks registrars voters fact beneficiaries process merely named plaintiffs whose term incarceration parole expired indicates treated action one brought benefit class described petition writ mandate petitioner viola richardson county clerk mendocino county filed complaint intervention action california alleging suit framed named plaintiffs collusive neither three named county clerks secretary state expected contest claims plaintiffs petitioner viola richardson alleged complaint intervention party lawsuit brought also named richardson sought register mendocino county denied right whose suit seeking establish right pending state appeal county clerks actually named defendants mandate action obeyed alternative writ issued california contest named plaintiffs legal claim right vote secured equal protection clause fourteenth amendment overrode contrary provisions california constitution secretary state appeared action generally denied named plaintiffs essential claims california prior return date writ issued order denying petitioner richardson motion intervene instead ordered added named defendants action along three named county clerks secretary state action california coming acquiescence named clerks counties named plaintiffs resided yet time secretary state still party defendant answered complaint clearly indicates us considered action behalf three named plaintiffs also behalf california similarly situated reinforced conclusion language quoted alternative writ mandate issued california california based action petitioner richardson claim suit collusive might become binding precedent litigation pending state appeal seem sufficient grant motion intervene action adding petitioner richardson named defendant appear based conclusion least members class represented plaintiffs fact resided mendocino county seeking exercise right vote reaching conclusion course california petitioner richardson allegation least opponent litigation pending appeal merely seeking register vote mendocino county brought lawsuit enforce claim time petitioner richardson added party defendant three named plaintiffs obtained relief sought whereas remaining members class including petitioner richardson opponent appeal litigation held federal system one may represent class part bailey patterson action arisen federal courts serious doubt whether proceeded class action behalf class denied right register three named plaintiffs granted right indiana employment security div burney california liberty prescribe rules class actions subject whether limits may imposed constitution interpret action adding petitioner richardson defendant mean regarded opponent appeal litigation unnamed member class referred mandate complaint one class actually seeking register mendocino county party action california albeit unnamed one brockington rhodes emphasized finding case moot appellant suit purport class action sought declaratory relief said view limited nature relief sought think case moot congressional election appellant allege intended run office future election attempt maintain class action behalf putative independent candidates present future sue others similarly situated independent voters might ohio law seek declaratory judgment although avenue open briefs parties us indicate adverse alignment california continues therefore hold case moot ii unlike claims equal protection clause decision language clause embodied fourteenth amendment respondents claim implicates merely language equal protection clause fourteenth amendment also provisions less familiar amendment representatives shall apportioned among several according respective numbers counting whole number persons state excluding indians taxed right vote election choice electors president vice president representatives congress executive judicial officers state members legislature thereof denied male inhabitants state years age citizens way abridged except participation rebellion crime basis representation therein shall reduced proportion number male citizens shall bear whole number male citizens years age state emphasis supplied problem interpreting intention constitutional provision countless cases recognize difficult one deliberations congressional committees floor debates house senate amendment must thereafter ratified necessary number legislative history bearing meaning relevant language scant indeed framers amendment primarily concerned effect reduced representation upon rather two forms disenfranchisement exempted consequence language concerned nonetheless legislative history indicates language intended congress mean says predecessor contained earlier draft proposed amendment passed house representatives defeated senate early joint committee fifteen reconstruction reconvened short period april revised redrafted ultimately became fourteenth amendment journal committee proceedings shows motions made various members committee voted motions indicate nature content discussion committee journal thus enables us trace evolution draft language committee throws indirect light intention purpose drafted see kendrick journal joint committee fifteen reconstruction know particular language upon petitioner relies first proposed senator williams oregon meeting joint committee april senator williams moved strike earlier version draft insert place thereof following representatives shall apportioned among several may included within union according respective numbers counting whole number persons state excluding indians taxed whenever state elective franchise shall denied portion male citizens less years age way abridged except participation rebellion crime basis representation state shall reduced proportion number male citizens shall bear whole number male citizens less years age throughout floor debates house senate numerous changes language proposed language except participation rebellion crime never altered language attracted good deal interest debates discussion devoted foreseeable consequences northern southern arguments necessity wisdom little comment phrase question supports plain reading congressman bingham ohio one principal architects fourteenth amendment influential member committee fifteen commented respect follows floor debates house second section amendment simply provides equalization representation among union north south east west makes discrimination new york colored population fifty thousand section great state discriminates colored population elective franchise except cases crime loses extent representative power congress also every state cong globe manifestly state basis national representation enlarged reason portion citizens within borders elective franchise denied political power shall lost denial imposed participation rebellion crime hoped political interests may work line justice end impartial enfranchisement citizens disqualified crime congressional act persons convicted crime laws penalty imprisonment penitentiary always disfranchised pardon restore unless warrant pardon provided suppose mass people state pirates counterfeiters criminals gentlemen willing repeal laws force order give opportunity land piratical crafts come shore assist election president members congress numerous let borne mind latter offenses crimes committed property treason nation whole people highest known law well known majority members body favor proposition character serious deliberation several days reference amendments held four five caucuses subject proposed deny right represented part simply permitted exercise right voting put upon footing aliens upon footing rebels upon footing minors upon footing females upon footing may committed crimes heinous character murderers robbers houseburners counterfeiters public securities may committed crime time laws laws particular state included within basis poor black man unless permitted vote represented interest government former proposition corresponding provision original amendment reported committee fifteen passed house representatives defeated senate might excluded negroes educational test yet retained power congress practical purposes former proposition loss representation followed disfranchisement negro follows disfranchisement white black unless excluded account rebellion crime impressive mere existence state constitutional provisions disenfranchising felons time adoption fourteenth amendment congressional treatment readmitted union following civil war every state thus readmitted affirmative congressional action form enabling act taken part readmission process state seeking readmission required submit approval congress proposed state constitution march state readmitted congress passed act provide efficient government rebel reconstruction act act mar stat section reconstruction act established conditions former confederate readmitted representation congress provided people one said rebel shall formed constitution government conformity constitution respects framed convention delegates elected male citizens said state years old upward whatever race color previous condition resident said state one year previous day election except may disfranchised participation rebellion felony common law constitution shall provide elective franchise shall enjoyed persons qualifications herein stated electors delegates constitution shall ratified majority persons voting question ratification qualified electors delegates constitution shall submitted congress examination approval congress shall approved said state vote legislature elected said constitution shall adopted amendment constitution proposed congress known article fourteen said article shall become part constitution said state shall declared entitled representation congress senators representatives shall admitted therefrom taking oath prescribed law thereafter preceding sections act shall inoperative said state emphasis supplied bill originally came house bald naked proposition establish without limitation power time duration purely military government ten unrepresented judgment dangerous experiment senate unwilling embark experiment pure military rule modified house bill adopting known blaine sherman amendment amendment conceded military rule asked house put sort limit duration provided rebel adopt universal suffrage regardless color race excluding none white black except treason crimes felony common law regulation exclusion left adopt constitutional amendment proposed last session congress soon sufficient number said adopt make part constitution military law cease admitted provided congress even see fit receive whereas people arkansas pursuance provisions act entitled act efficient government rebel passed march second eighteen hundred act supplementary thereto framed adopted constitution state government republican legislature said state duly ratified amendment constitution proposed congress known article fourteen therefore enacted state arkansas entitled admitted representation congress one union upon following fundamental condition constitution arkansas shall never amended changed deprive citizen class citizens right vote entitled vote constitution herein recognized except punishment crimes felonies common law whereof shall duly convicted laws equally applicable inhabitants said state provided alteration said constitution prospective effect may made regard time place residence voters still another objection condition expressed bill exception punishment crime bill authorizes men deprived right vote punishment crimes felonies common law whereof shall duly convicted one fundamental defect requirement laws men shall duly convicted crimes shall equally applicable inhabitants state easy thing state make one set laws applicable white men another set laws applicable colored men ibid convincing evidence historical understanding fourteenth amendment confirmed decisions discussed constitutionality provisions disenfranchising felons although never given plenary consideration precise question whether state may constitutionally exclude convicted felons franchise indicated approval exclusions number occasions two cases decided toward end last century approved exclusions bigamists polygamists franchise territorial laws utah idaho murphy ramsey davis beason much recently strongly suggested dicta exclusion convicted felons franchise violates constitutional provision lassiter northampton county board elections upheld north carolina imposition literacy requirement voting said residence requirements age previous criminal record davis beason obvious examples indicating factors state may take consideration determining qualifications voters despite settled historical judicial understanding fourteenth amendment effect state laws disenfranchising convicted felons respondents argue recent decisions invalidating restrictions franchise violative equal protection clause require us invalidate disenfranchisement felons well rely cases dunn blumstein bullock carter kramer union free school district cipriano city houma support conclusions california state must show compelling state interest justify exclusion franchise california done seen however exclusion felons vote affirmative sanction fourteenth amendment sanction present case restrictions franchise invalidated cases respondents rely hold understanding adopted fourteenth amendment reflected express language historical judicial interpretation amendment applicability state laws disenfranchising felons controlling significance distinguishing laws state limitations franchise held invalid equal protection clause think refusal accept justice harlan position dissents reynolds sims carrington rash part amendment dealing voting rights dictates opposite result need go nearly far justice harlan reach conclusion may rest demonstrably sound proposition dealing voting rights meant bar outright form disenfranchisement expressly exempted less drastic sanction reduced representation imposed forms disenfranchisement accept respondents argument made part amendment largely accident political exigency rather relation bore sections amendment must look guidance interpreting much part amendment sections became part amendment less important says means pressed upon us respondents amici curiae contentions notions outmoded modern view essential process rehabilitating returned role society fully participating citizen completed serving term means discount arguments addressed legislative forum may properly weigh balance advanced support california present constitutional provisions us choose one set values respondents correct view advocate indeed enlightened sensible one presumably people state california ultimately come around view failure evidence least fact two sides argument therefore hold california erred concluding california may longer consistent equal protection clause fourteenth amendment exclude franchise convicted felons completed sentences paroles california reach respondents alternative contention total lack uniformity county election officials enforcement challenged state laws work separate denial equal protection believe opportunity consider claim address accordingly reverse remand proceedings inconsistent opinion ordered footnotes proposition passed november general election repealed former art ii california constitution added new art ii legislature shall prohibit improper practices affect elections shall provide severely mentally deficient person insane person person convicted infamous crime person convicted embezzlement misappropriation public money shall exercise privileges elector state section california elections code provides relevant part affidavit registration shall show affiant disqualified vote reason felony conviction section california elections code provides county clerk shall cancel registration following cases upon production certified copy subsisting judgment conviction person registered infamous crime embezzlement misappropriation public money county clerk shall first week september year examine records courts jurisdiction case infamous crimes embezzlement misappropriation public money shall cancel affidavits registration voters finally convicted infamous crime embezzlement misappropriation public money county clerk basis records courts county jurisdiction offenses shall furnish registrar voters county registrar voters first day september year statement showing names persons convicted infamous crimes embezzlement misappropriation public money year prior first day september whose convictions become final registrar voters shall first week september year cancel affidavits registration persons county clerk shall certify statement seal office section california elections code supp provides person offering vote may orally challenged within polling place member precinct board upon following grounds convicted felony day election person member precinct board official responsible conduct election shall challenge voter question concerning qualifications vote challenge ground person challenged convicted felony convicted embezzlement misappropriation public money shall questioned fact may proved production authenticated copy record sworn oral testimony two witnesses section california penal code supp provides case defendant fulfilled conditions probation entire period probation discharged prior termination period probation case discretion interests justice determines defendant granted relief available section defendant shall time termination period probation serving sentence offense probation offense charged commission offense permitted withdraw plea guilty plea nolo contendere enter plea guilty convicted plea guilty shall set aside verdict guilty either case shall thereupon dismiss accusations information defendant shall thereafter released penalties disabilities resulting offense convicted probationer shall informed right privilege probation papers section california penal code provides person convicted felony incarcerated may file time release custody notice intention apply certificate rehabilitation pardon provides however chapter shall apply persons convicted misdemeanors persons served time county jails persons serving mandatory life parole persons committed death sentences persons military service hearing finds petitioner demonstrated course conduct rehabilitation fitness exercise civil political rights citizenship shall make order declaring petitioner rehabilitated recommending governor grant full pardon petitioner order shall filed clerk shall known certificate rehabilitation certificate shall show date original notice intention apply certificate filed certified copy certificate rehabilitation transmitted governor shall constitute application full pardon upon receipt governor may without investigation issue pardon person named therein except pursuant section article vii constitution governor shall grant pardon person twice convicted felony except upon written recommendation majority judges whenever person granted full unconditional pardon governor based upon certificate rehabilitation pardon shall entitle person exercise thereafter civil political rights citizenship including limited right vote section california elections code provides county clerk refuses register qualified elector county elector may proceed action superior compel registration action section many persons may join plaintiffs causes action respondent ramirez convicted texas felony robbery assault served three months jail successfully terminated parole february san luis obispo county clerk refused allow ramirez register vote ground convicted felony spent time incarceration respondent lee convicted felony heroin possession california served two years prison successfully terminated parole march monterey county clerk refused allow lee register vote sole ground convicted felony pardoned governor respondent gill convicted burglary california forgery served time prison conviction followed successful parole april stanislaus county registrar voters refused allow gill register vote sole ground prior felony convictions paragraph vi respondents petition mandamus named petitioners bring action individually behalf persons ineligible register vote california solely reason conviction felony election code felony remainder petition makes clear class restricted california treated refer named defendants action california even though actually denominated respondents according california practice refer named plaintiffs even though actually denominated petitioners convenience reference order avoid much possible confusion reference position parties california position parties agree lack uniformity result differing interpretations california decision otsuka hite cal defined infamous crime used california constitutional provisions california secretary state report noted ost responding counties attempted develop consistent criteria determining shall entitled register counties policies formalized writing instances method used report concluded although policy within counties may consistent fact counties adopted different policies created situation lack uniformity across state appears survey person convicted almost given felony find eligible vote california counties ineligible vote others order remedy lack uniformity authoritative guidelines either legislature courts urgently needed brother marshall argues dissent since california issue peremptory writ mandate opinion case advisory one come within case controversy requirement art iii constitution also contends refusal issue peremptory writ must rest unarticulated state ground concludes bar review federal constitutional question california recently noted policy avoiding advisory opinions abstract questions law william cal opinion adverting declaratory use habeas corpus number cases gonsalves cal support determination case us exercise original jurisdiction appropriate california cited young gnoss cal exercised original mandamus jurisdiction conclude durational residence requirements voting imposed california law violated equal protection clause fourteenth amendment saying function time simply declare minimum must done implement dunn blumstein cal refused issue peremptory writ mandate case saying ince reason believe parties proceeding accede holdings herein purpose served issuing writ mandate compel compliance respect november general election courts appeals barred requirement art iii issuing advisory opinions nonetheless declined issue peremptory writs district judges assumption latter abide opinion appeals without compulsion writ think reliance california earlier decision recognizing approving use original jurisdiction grant declaratory relief well reliance precedent original mandamus proceeding reached merits declined issue peremptory writ question mootness supports conclusion judgment case practical purposes least declaratory judgment well settled actual acute controversy appeal declaratory judgment state presents case controversy within jurisdiction nashville wallace indeed conclusion unnecessarily permit state last resort quite contrary intention congress enacting invalidate state legislation federal constitutional grounds without possibility state officials adversely affected decision seeking review equally unable accept view dissenters california failure issue peremptory writ must rest resolution unspecified state law question petitioner mere failure state award peremptory relief proceeding treats one declaratory judgment adequate state ground precludes review federal constitutional holding ala art cal art conn art del art fla art ga art ill art ind art iowa art kan art ky art la art md art minn art miss art mo art nev art art art art ohio art ore art art art tenn art tex art va art va art wis art justice marshall justice brennan joins dissenting today holds state may strip fully paid debt society fundamental right vote without running afoul fourteenth amendment result view based unsound historical analysis already rejected straining reach result believe also disregarded important limitations jurisdiction reasons respectfully dissent brief retracing procedural history case necessary full understanding views respondents plaintiffs convicted felony unrelated voting fully served term incarceration parole applied register vote respective county ramirez san luis obispo county lee monterey county gill stanislaus county three refused registration applicable provisions california constitution person convicted infamous crime shall ever exercise privileges elector three named plaintiffs filed petition writ mandate california invoking original jurisdiction plaintiffs challenged state disenfranchisement violative equal protection clause fourteenth amendment sought issuance peremptory writ mandate compel registration complaint labeled suit brought individually behalf persons ineligible register vote california solely reason conviction felony election code felony fully served terms incarceration parole complaint named defendants election officials refused register individually representatives class county clerks registrars voters duty determining respective counties whether denied right vote three named election officials contest action represented state permit named plaintiffs similarly situated counties register vote representative secretary state california also named defendant similarly agreed contest suit point litigation named plaintiffs voluntarily afforded relief seeking election officials respective counties subsequently petitioner viola richardson county clerk mendocino county filed motion intervene proceedings california indicated sued separate action lower state seeking register county decision case dispositive legal issue controversy state ordered richardson added named defendant instant action name suing plaintiff named class representative herein opinion california found case moot took opportunity address merits fourteenth amendment issue indicated view disenfranchisement provision california constitution implementing statutes violated equal protection clause state however afford plaintiffs relief sought denied peremptory writ mandate although california issue writ ordering richardson register either suing potential elector county sought review state decision way writ certiorari election officials named plaintiffs counties seek review secretary state filed memorandum opposing review number reasons believe case properly us time first persuaded judgment california rests adequate independent state ground time foundation adhered principle review judgments state courts rest adequate independent state grounds power state judgments correct extent incorrectly adjudge federal rights power correct wrong judgments revise opinions permitted render advisory opinion judgment rendered state corrected views federal laws review amount nothing advisory opinion herb pitcairn alternative writ served purpose discharged petition peremptory writ denied ramirez brown cal creates interesting anomaly purporting reverse judgment california since denied writ mandate compel registration disposition consistent view california disenfranchisement provisions constitutional affirm judgment reversing apparently directs issuance peremptory writ anomaly demonstrates classic example case judgment rendered state corrected views federal laws herb pitcairn supra hence offer advisory opinion whether agree disagree state view constitutionality challenged provisions judgment state necessarily remain deny writ mandate aware problem purports resolve speculating california may afforded plaintiffs declaratory relief speculation totally unfounded neither opinion judgment even mentions declaratory relief plaintiffs seek declaratory judgment california constitution face appears bar state issuing declaratory judgment original proceeding one us since limits original jurisdiction proceedings extraordinary relief nature mandamus certiorari prohibition calif art supp exclusive jurisdiction suits seeking declaratory relief vested statute state superior courts basis construing judgment affording declaratory relief argument california highest state observations constitutionality challenged disenfranchisement provisions apt heeded state officials true opinion california indicate view merits plaintiffs constitutional claim power correct wrong judgments revise opinions herb pitcairn supra one always argue state commented matter federal law state officials heed comments say comments declaration federal law reviewable rationale reach every case state decision rests adequate state grounds rendering doctrine virtual nullity also cites two cases proposition california issue declaratory judgment original proceeding closer inspection cases cited ante merely demonstrate california courts whose jurisdiction limited equivalent art iii free render advisory opinions little doubt many public officials heed advisory opinion california also heed advisory opinion issued free us constitutional limitations jurisdiction believe judgment california based adequate independent state grounds think jurisdiction consider issues presented case assuming arguendo california grant declaratory judgment still believe without jurisdiction case controversy presented seems willing concede claims named plaintiffs may well moot ante however premises jurisdiction assumption live controversy named petitioner unnamed plaintiff class members county reach conclusion essential conclude case fact class action circumstances case appropriate look unnamed class members determine whether live controversy forced point one crucial premises upon bases assumption jurisdiction existence class action highly speculative persuaded california never treated case class action majority notes case titled class action originators order merely tracked language complaint california course bound designation entirety lengthy opinion california refer suit class action respondents class representatives existence unnamed parties indicia status rather state describes case simply proceeding writ mandate brought three compel respondent election officials register voters cal opinion proceeds list three plaintiffs explain plaintiffs league women voters three nonprofit organizations support interests opinion describes defendants election officials san luis obispo monterey stanislaus counties secretary state capacity chief elections officer california notes pon application ordered mendocino county clerk petitioner joined additional party defendant description parties plainly indicates suit treated class action state think highly inappropriate basis nothing speculation case fashioned class action first time even assuming case class action still agree properly us believe look beyond named class members find case controversy circumstances case seems hold review foreclosed possible mootness named plaintiffs claim california decision unnamed class members still subject challenged disenfranchisement hence case presents unnamed class members issue capable repetition yet evading review disagree properly notes general rule justiciability one may represent class part thus general proposition federal look unnamed class members establish requirement art iii evading review doctrine southern pacific terminal icc recently applied dunn blumstein provides limited exception general rule exception necessary insure judicial review foreclosed cases intervening events threaten invariably moot named plaintiff claim relief necessity looking beyond named class members limited category cases evidenced decision dunn blumstein supra struck durational residence requirement voting suit brought compel registration named plaintiff members class represented order might participate election scheduled august federal district order preliminary relief time august election time district decided case next election scheduled november named plaintiff met challenged requirement district nonetheless rejected state argument controversy validity requirement therefore moot time appeal reached named plaintiff also satisfied state residence requirement nonetheless reached merits observing lthough appellee named plaintiff vote problem voters posed tennessee residence requirements capable repetition yet evading review moore ogilvie district found although named plaintiff satisfied challenged residence requirements longer disenfranchised thereby case moot challenged requirement remained applicable unnamed class members issue presented likely evade review obviously mere passage months invariably rendered challenge residence requirements individual named plaintiffs moot threatening virtually foreclose judicial review similar situation presented roe wade relied california held although woman pregnant time suit filed standing challenge constitutionality texas abortion laws continuing controversy constitutionality laws existed named plaintiff pregnant suit filed even though may pregnant later stages appeal concluded case provided classic example issue capable repetition yet evading review hence termination plaintiff pregnancy case appeal render case moot even though woman whose pregnancy ended affected abortion laws one pregnant time suit filed human gestation period short pregnancy come term usual appellate process complete termination makes case moot appellate review effectively denied two common threads running cases challenged statute continue applied named plaintiff claim inevitably mature mootness pending resolution lawsuit roe termination pregnancy dunn passage residence requirement period voting cases occurrence election deprived named plaintiff continuing controversy application challenged statute instance mere passage time threatened insulate constitutional deprivation judicial review danger served rationale rejecting suggestions mootness invalid statute thus continue applied simply judicial review live controversy involving named plaintiff invariably foreclosed issue capable repetition yet evading review accordingly southern pacific doctrine requires satisfaction two tests order provide answer suggestion mootness first claimed deprivation must fact capable repetition element satisfied even though named plaintiff immediate controversy mooted intervening events either unnamed class members may continue suffer alleged constitutional deprivation future case us clearly satisfies first element southern pacific doctrine test since california declined order county clerk register presumably challenged disenfranchisement provisions continue applied unnamed class members counties named plaintiffs reside second issue presented must likely evade review invocation southern pacific doctrine evading review element analysis fails claim raised case concerns rather deprivation issue evading review reason look beyond named plaintiffs situation time case reaches always late grant named plaintiff relief refused access voting rolls past criminal record intervening election moot claim relief status giving rise disenfranchisement inevitably terminate pending review clearly ways challenge california disenfranchisement provisions reach california issued writ mandate compelling registration potential voter fact refused registration controversy suitable resolution presented suit brought petitioner richardson resident county raising issues presented case presently pending california intermediate appellate case petitioner richardson fact deny plaintiff registration case completes passage state courts well serve vehicle review california disenfranchisement provisions course one example issue presented properly reach case therefore benefit southern pacific doctrine authority look unnamed class members establish case controversy california appears found plaintiffs claims moot detract conclusion since ven cases arising state courts question mootness federal one federal must resolve assumes jurisdiction north carolina rice thus unlike persuaded look named plaintiffs satisfy requirement art iii named plaintiffs registered clerks counties voluntarily abandoned allegedly illegal practice disenfranchising said ere voluntary cessation allegedly illegal conduct moot case courts compelled leave defendant free return old case might become moot subsequent events made absolutely clear allegedly wrongful behavior reasonably expected recur concentrated phosphate export accord grant accordingly whether named plaintiffs live controversy clerks counties depend likelihood future disenfranchisement need consider question none election officials named plaintiffs counties sought review none us sole petitioner viola richardson none named plaintiffs residents county named plaintiffs may may live controversy clerks counties surely one petitioner richardson richardson may well live controversy county validity disenfranchisement laws dispute named plaintiffs sum controversy parties petitioner richardson seeks use named plaintiffs controversy county clerks vehicle issue advisory opinion issue presented suit brought county decision violate oldest consistent thread federal law justiciability federal courts give advisory opinions flast cohen ii since nevertheless reaches merits constitutionality california disenfranchisement find necessary register dissent merits well construes fourteenth amendment express authorization disenfranchise former felons section except disenfranchisement participation rebellion crime operation penalty provision notes however little independent legislative history crucial words crime proposed went joint committee containing phrase participation rebellion emerged crime inexplicably tacked exhaustive review lengthy legislative history fourteenth amendment come upon one explanatory reference crimes provision reference unilluminating best historical purpose however relatively clear view dispositive case republicans controlled congress concerned additional congressional representation southern result abolition slavery might weaken political dominance two alternatives available either limit southern representation unacceptable basis insure southern negroes sympathetic republican cause enfranchised explicit grant suffrage negroes thought politically unpalatable time section fourteenth amendment resultant compromise put southern choice enfranchise negro voters lose congressional representation political motivation behind limited one little purposes rest fourteenth amendment one noted commentator explained became part fourteenth amendment largely accident political exigency rather relation bore sections amendment seems quite impossible conclude clear deliberate understanding house sole source national authority protect voting rights expressly recognized power deny abridge right vote rather discrimination penalty provision inapplicable must still judged equal protection clause determine whether judicial congressional remedies invoked conclusion compelled holding oregon mitchell although excepts terms denial franchise also persons years age held congress power implement equal protection clause lowering voting age federal elections justice brennan joined justice white well observed intended remedy supplementary conceivable circumstances indispensable congressional judicial remedies available references congressional enactments contemporaneous adoption fourteenth amendment reconstruction act readmission statutes inapposite explain purpose adoption fourteenth amendment merely indicate disenfranchisement participation crime uncommon time adoption amendment hence surprisingly form disenfranchisement excepted application special penalty provision congress chose exempt one form electoral discrimination remedy provided necessarily imply congressional approval disenfranchisement providing special remedy disenfranchisement particular class voters congress approve election discriminations remedy inapplicable discriminations thus forever immunized evolving standards equal protection scrutiny cf shapiro thompson basis concluding congress intended freeze meaning clauses fourteenth amendment conception voting rights prevalent time adoption amendment fact one form disenfranchisement durational residence requirements specifically authorized reconstruction act one contemporaneous enactments upon relies show intendment framers fourteenth amendment already declared unconstitutional dunn blumstein disenfranchisement participation crime like durational residence requirements common time adoption fourteenth amendment constitutional concepts equal protection immutably frozen like insects trapped devonian amber dillenburg kramer repeatedly observed equal protection clause shackled political theory particular era determining lines unconstitutionally discriminatory never confined historic notions equality restricted due process fixed catalogue given time deemed limits fundamental rights harper virginia board elections iii view disenfranchisement must measured requirements equal protection clause fourteenth amendment analysis properly begins observation right vote essence democratic society restrictions right strike heart representative government reynolds sims voting fundamental right observed dunn blumstein supra need repeat labors undertaken earlier cases analyze right vote explain detail judicial role reviewing state statutes selectively distribute franchise decision decision made clear citizen constitutionally protected right participate elections equal basis citizens jurisdiction see evans cornman kramer union free school district cipriano city houma harper virginia board elections carrington rash reynolds sims supra determine test applies challenged classification however settle threshold question compelling state interest merely shorthand description difficult process balancing individual state interests must embark upon faced classification touching fundamental rights equal protection cases give content nature balance state heavy burden showing first challenged disenfranchisement necessary legitimate substantial state interest second classification drawn precision exclude many people need excluded third reasonable ways achieve state goal lesser burden constitutionally protected interest dunn blumstein supra kramer union free school district see rosario rockefeller powell dissenting cf memorial hospital maricopa county naacp button shelton tucker think clear state met burden justifying blanket disenfranchisement former felons presented case certainly basis asserting less interest democratic process citizen like everyone else daily lives deeply affected changed decisions government see kramer supra secretary state california observed memorandum support respondents case doubtful whether state demonstrate either compelling rational policy interest denying former felons right vote individuals involved present case persons fully paid debt society much affected actions government citizens much right participate governmental furthermore denial right vote persons hindrance efforts society rehabilitate former felons convert productive citizens moreover means available state prevent voting fraud far less burdensome constitutionally protected right vote said dunn supra state disposal variety criminal laws adequate detect deter whatever fraud may feared cf harman forssenius schneider state california catalogue state penal sanctions election fraud surely demonstrates adequate alternatives disenfranchisement today elections code punishes least different acts felonies separate sections least additional acts punished misdemeanors separate sections acts declared among plethora offenses take particular note present connection felony sanctions fraudulent registrations buying selling votes intimidating voters threat bribery voting twice fraudulently voting without entitled impersonating another voter fraud forgery casting absentee ballots tampering voting machines ballot boxes forging altering election returns interfering officers holding election conducting canvass voters lawfully exercising rights voting election prevent election canvass fairly held lawfully conducted cal footnotes omitted another asserted purpose keep former felons voting likely voting pattern might subversive interests orderly society see green board elections support argument electors kept ballot box fear might vote repeal emasculate provisions criminal code drawn primarily decisions murphy ramsey davis beason murphy upheld disenfranchisement anyone ever entered bigamous polygamous marriage davis sanctioned condition exercise franchise requirement oath elector teach advise counsel encourage person commit crime bigamy polygamy intent clear withdraw political influence practically hostile goals certain criminal laws murphy supra davis supra extent murphy davis approve doctrine citizens barred ballot box vote change existing criminal law decisions surely minimal continuing precedential value since explicitly held differences opinion justify excluding group franchise cipriano city houma see communist party indiana whitcomb evans cornman residents qualified residents right equal opportunity political representation fencing franchise sector population way may vote constitutionally impermissible carrington rash although last century may justified exclusion voters electoral process fear vote change laws considered important temporal majority little doubt countenance purpose today process democracy one change laws frozen immutable form constantly process revision response needs changing society public interest conceived majority voting public constantly undergoing reexamination holding davis supra murphy supra state may disenfranchise class voters withdraw political influence practically hostile existing order strikes heart democratic process temporal majority use power preserve inviolate view social order simply disenfranchising different views voters opposed repeal prohibition disenfranchised advocated repeal prevent persons enabled votes defeat criminal laws country davis supra today presumably support legalization marihuana barred ballot box much reason ballot democratic system coin realm condition exercise support established order debase currency beyond recognition rather resurrect davis murphy expressly disavow continued adherence dangerous notions therein expressed public purposes asserted served disenfranchisement found wanting many quarters suit filed allowed full access ballot since time four joined ranks shortly lower federal courts sustained new york florida disenfranchisement provisions legislatures repealed laws congress recently provided restoration felons voting rights end sentence parole district columbia code national conference uniform state laws american law institute national probation parole association national advisory commission criminal justice standards goals president commission law enforcement administration justice california league women voters national democratic party secretary state california strongly endorsed full suffrage rights former felons disenfranchisement origin fogs fictions feudal jurisprudence doubtless brought forward modern statutes without fully realizing either effect literal significance extent infringement upon spirit system government byers sun savings bank think clear measured standards modern equal protection jurisprudence blanket disenfranchisement stand respectfully dissent justice douglas agreeing part opinion dissents reversal judgment say rest independent state ground see hayakawa brown douglas chambers proceeding petition writ mandate california hence moving parties properly described petitioners rather plaintiffs however avoid confusion since petitioners respondents vice versa parties california referred herein simply plaintiffs defendants california art ii provided part person convicted infamous crime shall ever exercise privileges elector state article ii repealed referendum november general election replaced new art ii containing prohibition state implementing statutes include california elections code attorney general filed separate petition certiorari review judgment california secretary state filed memorandum opposing petition certiorari petition denied today post judgment california custom final paragraph opinion alternative writ referred merely order requiring respondent comply petitioner demand show cause ordered see witkin cal proc extraordinary writs pp code civ proc see cal jur declaratory relief witkin cal proc pleading see dills delira cal app difference mandamus declaratory relief appellate courts give latter witkin cal proc extraordinary writs first case relied majority william cal california previously granted writ habeas corpus effectively mooted petitioner claim relief nonetheless later issued opinion issue posed case denying relief observed general proposition courts avoid advisory opinions next sentence reaffirmed inherent discretion issue opinions accompanying text noted render decision moot case binding party case involved issues particular public importance although referred declaratory use habeas corpus number cases citing witkin cal crim proc fluery cal witkin treatise refers declaratory use habeas corpus fluery supra particular examples use writ render purely advisory opinion unnecessary determination particular controversy witkin cal crim habeas corpus extraordinary writs supp second case relied majority young gnoss cal cited solely proposition mandamus appropriate remedy seek original proceeding case petitioners sought mandamus relief application state durational residence requirement voting order might vote june primary california lengthy opinion indicated challenged requirement unconstitutional authority decision dunn blumstein exercised equitable discretion order change residence requirements june primary little time remained change implemented orderly fashion accordingly mandamus relief denied recommended necessary changes residence requirements effected november election order give legislature opportunity address problem cal relied earlier decision legislature reinecke cal expressed views legislative reapportionment problem denied writ mandate retained jurisdiction allow legislature opportunity act providing judicial relief cases involves examples advisory opinions rather declaratory relief latter california provide guidance legislature staying hand affording judicial relief claimed deprivation seems well settled california courts inherent discretion issue advisory opinions see witkin cal proc actions witkin cal proc extraordinary writs cf kirstowsky superior cal app held example art iii restricts standing bring class action actual members class littleton named plaintiffs disenfranchised time filed suit thus question concerning standing challenge california disenfranchisement provisions distinguished decision hall beals finding challenge colorado durational residence requirement moot grounds hall intervening change law reducing residence requirements six months two case appeal accordingly application requirement incapable repetition named plaintiff member class never disenfranchised thereby named plaintiff standing challenge requirement found live controversy voting cases intervening circumstances seemed mooted named plaintiff claim relief moore ogilvie example appeal decision denying relief appellants unsuccessfully sought certified required state law independent candidates presidential elector ballot appellants asserted illinois certification requirement violated state constitutional obligation discriminate voters less populous counties time appeal reached election already taken place held case moot election challenged burden remains controls future elections see hall beals supra short span time denial certification candidacy actual balloting threatens moot future attacks questioned candidacy requirements see also storer brown rosario rockefeller extent continuing disenfranchisement apt minimal survey conducted secretary state california indicated election officials counties california representing counties contain registered voters state agreed clerks named plaintiffs counties barred voting counties brief respondents opinion cites decision indiana employment security div burney proposition unnamed class members may looked cases arising federal system cases support proposition burney concerned constitutional challenge termination unemployment insurance benefits without prior hearing named class representative received hearing obtained reversal initial determination ineligibility full retroactive benefits remanded consideration mootness jurisdictional issue revolved around whether case presented issues capable repetition yet evading review find alleged constitutional deprivation incapable repetition hence concerned problem whether future application named class representative required rather appeared issue one evade review see dissenting opinion reasoned hearing afforded matter course invariably moot claims relief members class hearing result award retroactive payments named plaintiff case live continuing controversy presented insured claim benefits allegedly wrongfully withheld pending hearing case already come posture summarily affirmed judgment torres new york state department labor see dissenting opinion denial rehearing failure satisfy evading review element test led remand burney consideration mootness absence order petitioner richardson compulsion register county subject penalty failing see cal code civ proc suit petitioner richardson james civ presently pending division appeal first appellate district california claims named plaintiffs moot proper disposition case seem vacate judgment california remand proceedings deems appropriate brockington rhodes see note restoring right vote background developments crim rev statement eckley quoted ante bonfield right vote judicial enforcement section two fourteenth amendment cornell flack adoption fourteenth amendment kendrick journal joint committee fifteen reconstruction james framing fourteenth amendment van alstyne fourteenth amendment right vote understanding congress sup rev james supra kendrick supra cf flack supra bonfield supra james supra van alstyne supra quoting mathews legislative judicial history fifteenth amendment say fourteenth amendment direct limitation protection afforded voting rights leads absurd results one accepts premise authorizes disenfranchisement crime challenged california provision california observed require disenfranchisement seduction promise marriage conspiracy operate motor vehicle without muffler otsuka hite cal disenfranchisement extends convictions vagrancy alabama breaking water pipe north dakota note two examples note disenfranchisement reassessment stan rev even jaywalking traffic conviction conceivably lead disenfranchisement since differentiate felonies misdemeanors memorandum secretary state california opposition certiorari class county clerks registrars voters california ramirez ramirez brown cal also notes disenfranchisement received support dicta recently affirmed without opinion decisions two district courts upholding disenfranchisement provisions fincher scott supp mdnc aff beacham braterman supp sd aff per curiam dictum precedent justice rehnquist recently reminded us summary affirmances obviously precedential value opinion treating question merits edelman jordan see frankfurter landis business october term harv rev following disenfranchise former felons arkansas ark stat ann supp colorado colo art vii rev stat ann perm cum supp florida stat ann hawaii hawaii rev stat supp illinois rev indiana ind ann stat kansas stat ann supp maine rev stat tit massachusetts mass laws supp except election code offenders michigan mich art ii comp laws ann minnesota stat nebraska neb rev stat supp neb rev stat new hampshire rev stat ann supp new jersey stat ann supp except election code offenders ohio rev code ann supp oregon rev stat pennsylvania pa art vii stat tit tit except election code offenders four years south dakota comp laws ann utah utah art iv except convicted treason election code offenses vermont vt ii except election code offenders washington rev code ann supp west virginia op atty construing va art iv wisconsin stat ann supp wyoming wyo stat ann montana amended constitution disenfranchise potential electors serving sentence felony mont art iv mont rev codes ann supp new york amended laws allow former felons whose sentence expired released parole vote election law supp also north carolina amended laws restore civil rights including franchise former felons discharged prison parole stat supp year tennessee legislature amended disenfranchisement statutes see code ann supp new york disenfranchisement provision upheld green board elections shortly thereafter new york legislature repealed law election law supp similarly florida disenfranchisement provisions upheld beacham braterman supp sd aff per curiam subsequently florida statutes amended provide automatic restoration civil rights including franchise upon completion sentence release parole probation stat ann national conference commissioners uniform state laws uniform act status convicted persons american law institute model penal code proposed official draft national probation parole association standard probation parole act national advisory commission criminal justice standards goals corrections standard report observed loss citizenship rights including right vote inhibits reformative efforts correction reintegrate offender free society offender must retain attributes citizenship addition respect law legal system may well depend measure ability participate system mandatory denials participation serve legitimate public interest president commission law enforcement administration justice task force report corrections seems justification permanently depriving convicted felons vote deprived right representation democratic society important symbol moreover rehabilitation might furthered encouraging convicted persons participate society exercising vote california league women voters policy statement national democratic party party platform memorandum secretary state california opposition certiorari class county clerks registrars voters california ramirez