Judge Refuses to Bar Roberti From Entering Special Election

A Los Angeles judge has rejected a legal effort to bar Democratic state Senate leader David A. Roberti from the April 7 special election in the San Fernando Valley to replace former Sen. Alan Robbins.

A group calling itself Californians Against Corruption, along with several other candidates seeking the 20th Senate District seat, filed suit Wednesday to keep Roberti’s name off the ballot, contending that he had not lived in the district for one year, as required by the state Constitution.

But Superior Court Judge Stephen E. O’Neil threw out the suit, saying ballots were already printed and that only the Legislature has the authority to determine whether someone is qualified to be a member.

A spokeswoman for the secretary of state’s office said the one-year residency provision has not been enforced in California since the U. S. Supreme Court ruled such requirements unconstitutional in 1972. She said California candidates qualify for the ballot if they reside in the district they are running in at the time they take out nomination papers.

Roberti registered to vote in the district in February, using as his address a small Van Nuys house he rented that month.

Roberti is campaigning in the 20th District because his old Hollywood-based district was carved up by reapportionment. If elected, he will serve out the two remaining years of Robbins’ term. Robbins resigned last year after agreeing to plead guilty to federal corruption charges.