The
Kinnear case was identical with the present case. Plaintiff was a deputy sheriff of San Francisco County and was under civil service. He filed for election to the position of sheriff and was discharged as a result. The charter of the county provided that any county civil service employee who became a candidate for election by the people to any public office should forfeit his position. The court referred to the
Fort case, supra, which was decided the same day, and held the statute too broad because it applied alike to all public offices whether they were partisan or nonpartisan and whether they were San Francisco offices or state or national offices. The
Fort case conceded that running for election against one's superior would have ‘so disruptive an effect on the public services as to warrant restriction.’
38 Cal.Rptr. at 629. But in
Kinnear, the court thought it should rule the charter unconstitutional because, as applied to facts not before the court, it would be unconstitutional. The court conceded the charter provision could not be criticized for vagueness.