What is the test for a state to restrict a person's right to hold a public office?
California, United States of America
The following excerpt is from People v. Ballard, 104 Cal.App.3d 757, 164 Cal.Rptr. 81 (Cal. App. 1980):
The People concede that the right to hold public office is a fundamental right and restrictions upon its exercise must be strictly construed. (Thompson v. Mellon, 9 Cal.3d 96, 99, 107 Cal.Rptr. 20, 507 P.2d 628.) The questions presented here are whether (1) the state has established it has a compelling interest which justifies the law and (2) the distinctions drawn by the law are necessary to further its purpose.
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