Usurpation of Franchise Law and Legal Definition

Usurpation of franchise or office refers to the unjust intrusion upon an office or exercise of franchise that belongs to another. A claimant can invoke quo warranto action for usurpation of franchise or office.

Following is a state law making usurpation of franchise actionable.

“An action may be brought by the attorney-general, in the name of the people of this state, upon his own information, or upon a complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise, or against any corporation, either de jure or de facto, which usurps, intrudes into, or unlawfully holds or exercises any franchise, within this state.”[Cal Code Civ Proc § 803].