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Name: People v. Superior Court (Wright)
Case #: B232709
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 07/12/2011

A conclusive presumption may only apply when the criteria described in the presumption-creating statute is met. Wright faced an eight-count felony indictment. Two violations of Elections Code section 18560, casting fraudulent votes, were based on elections when he voted in the district where he was registered to vote. The trial court erroneously dismissed the charges based on Election Code section 2026’s conclusive presumption that the domicile of a Member of the Legislature shall be at the residence address indicated on that person’s currently filed affidavit of voter registration. Mr. Wright registered at an address in a district where he did not live and cast votes in that district in two elections. The address he listed for the purpose of voting was not one of his residences and could not trigger any presumption.