I dissent and would affirm the judgment. By what standard is the Registrar of Voters to determine whether one convicted of crime is thereby branded as a “threat to the integrity of the elective process ” ? Or whether the crime involved “moral corruption and dishonesty”? For example, would murder qualify? Would the circumstances under which the convicted person committed his crime be considered? If he did it while voluntarily intoxicated, would that fact have a bearing ?
In the present case the majority opinon appears to emphasize that plaintiffs “were convicted more than 20 years ago; they paid their debt to society and, for aught that appears in the record, have since been leading exemplary lives.” (ante, p. 606.) Does this mean that the time which has lapsed since conviction is to be considered? Should the registrar attempt to learn whether one convicted of crime has since been leading an exemplary life, or whether he has at least attained some degree of rehabilitation ? What degree will suffice ?
Presumably there are misdemeanors which will qualify for disfranchisement under the construction of “infamous crime” as laid down in the majority opinion, particularly offenses which violate provisions of the Elections Code relating directly to elections and, a fortiori, to the “integrity of the *616elective process.” Sections 12000 through 12057 of that code designate certain of such offenses as felonies and others as misdemeanors. Section 12053 makes violation of any provision of chapter 1 of division 8 (i.e., sections 11500 et seq., dealing with expenditures for candidates) a misdemeanor. Section 29000 et seq. (division 15) specify numerous other offenses, some of which are made felonies and others misdemeanors, but all of which would seem to relate in greater or less degree to the integrity of the elective process. Many of the elections offenses would appear on their face to involve “moral corruption and dishonesty,” while others might be deemed less obnoxious. By what standard is the registrar to reach a determination on these questions ?
In my view, the answer to the problems presented by this case is to be found in the provisions of federal and state Constitutions, both of which plainly contemplate disfranchisement for crime. The Fourteenth Amendment of the United States Constitution, here relied upon by plaintiffs, provides in section 2 that the basis of representation among the several states shall be reduced when the right to vote at any election for the choice of electors for President or for other named officials, state and federal, is denied to adult citizens “or in any way abridged, except for participation in rebellion, or other crime, ...” (Italics added.) Although the California Constitution in section 1 of article II declares that “no person convicted of any infamous crime . . . shall ever exercise the privileges of an elector in this State,” other provisions of the state Constitution appear to contemplate restoration of voting rights under certain circumstances. Section 4 of article II states that “For the purpose of voting, no person shall be deemed to have gained or lost a residence . . . while confined in any public prison.” In section 25 of article IV appears the following: “The Legislature shall not pass local or special laws in any of the following enumerated cases, . . . Twenty-second—Restoring to citizenship persons convicted of infamous crimes.” Article VII, section 1, specifies that the Governor of this state may grant pardons after conviction for all offenses except treason and impeachment, upon such conditions and with such restrictions and limitations as he may think proper, and subject to such regulation as may be provided by law relative to the manner of applying for pardons.
The quoted sections thus appear to authorize the provisions made by the Legislature for restoration of voting rights to persons convicted of crime in this state, either by court order *617after probation is completed (Pen. Code, § 1203.4; see also Stephens v. Toomey (1959) 51 Cal.2d 864, 874 [338 P.2d 182]), or by executive pardon upon completion of rehabilitation proceedings. (Pen. Code, §§ 4800 et seq., 4853, cf. § 2600; see also Truchon v. Toomey (1953) 116 Cal.App.2d 736, 744-745 [254 P.2d 638, 36 A.L.R.2d 1230] ; 19 Ops.Cal.Atty.Gen. 211.)1
Comparable procedures are provided for seeking presidential pardon for federal offenses, with resulting removal of voting disability. (28 C.F.R., §§ 1.1-1.9; see People v. Bowen (1872) 43 Cal. 439 [13 Am.Rep. 148].)
Despite the mentioned indications of legislative intent, the majority opinion declares that to meet Fourteenth Amendment equal protection challenge, the term “infamous crime” as used in the California Constitution, article II, section 1, must be construed by determining “whether the elements of the crime are such that he who has committed it may reasonably be deemed to constitute a threat to the integrity of the elective, process” and “must be limited to conviction of crimes involving moral corruption and dishonesty. ’ ’ Even if this approach be deemed sound, plaintiffs, who were convicted of felonies under federal law (see 18 U.S.C.A. § 1), should be required to pursue their remedy of applying for executive pardon and to make the affirmative showing of rehabilitation and of merit incident thereto, as plainly envisaged by both federal and state Constitutions and the executive pardoning power therein provided (U.S. Const., art. II, § 1; Cal. Const., art. VII, § 1) as well as by the Legislature of this state. Neither the registrars of voters nor the courts ought to be expected to attempt a determination of whether a convicted felon should be permitted to vote, until after he has first exhausted the administrative remedies made available under federal and state procedures.2
Traynor, C. J., and McComb, J., concurred.See also Elections Code sections 310, subdivision (h), and 321, item'10, in which the Legislature has required that the affidavit of registration to vote shall affirmatively show that the affiant is “not disqualified to vote by reason of a felony conviction,” thus defining “infamous crime” as meaning “felony.” (Cf. §§ 383, subd. (c), 389, 391, 14240, subd. (g), 14246, the latter two of which were amended in 1965 to indicate that in the view of the Legislature “infamous crime” should be taken to mean “felony.”)
It appears pertinent to note that Government Code section 275 states that ‘ ‘ Unless otherwise specifically provided, every elector is eligible to *618the office for which he is an elector, and no person is eligible who is not such an elector."
" ‘ Elector’ means any person who qualifies under Section 1 of Article II of the Constitution of this State." (Elec. Code, § 20.)