1.When is a state Supreme Court decision mandatory precedent? When is it persuasive precedent?

Facts: Five months ago your client moved to a city in State A from a different state. She wishes to run for city council.

1. Authority: Your research reveals that the city does not have an ordinance defining residency or the requirements necessary to establish residency. Nor does State A have a statute addressing the residence requirements for municipal elections. You have, however, located the following authority:

1. A 1998 State A statute that provides that a candidate for state Supreme Court judge must have resided in the state three years prior to the election.

2. A 2000 State B statute that states that individuals running for any county or municipal office must have resided in the county or municipality for six months.

3. Garcia v. Municipality of Weston. A 2001 State A court of appeals decision providing that a person running for state senate must reside within the senate district for a minimum of one year prior to the election.

4. Reisin v. City. A Supreme Court decision from State B holding that a person running for any municipal position must reside in the municipality for three months.

5. American Jurisprudence Second section that provides that most states have a three- month residency requirement for the purposes of eligibility to run for municipal positions.

Questions:

A. Which authority is primary authority, and which is secondary authority?

B. Which, if any, of the authority is mandatory authority and why?

C. Which authority can be persuasive authority and why?