LAFAYETTE, Calif. (March 27) - Barnabas R. Miller, a registered Republican, has been called for jury duty in Contra Costa County this month.

There are two problems - Barnabas is only 9 years old, and he's a poodle.

His owner, Donald Miller, wanted to point out holes in the voter registration system by sending in the form for Barnabas through the mail.

''If I can register my dog, then anybody can register,'' Miller said last week. ''You're supposed to be a citizen. He doesn't even have a driver's license.''

But Barnabas received a jury summons, and now Miller, a 78-year-old retired iron worker, has some explaining to do.

''He should not make his point in this manner,'' said Candy Lopez, the county's assistant registrar.

Shad Balch of the Secretary of State's office said the voter registration form is signed to testify the information is correct -- under penalty of perjury.

Balch said a perjury conviction could get Miller four years in jail, although prosecutors aren't sure if they'll press charges.

''I have never heard of it happening before,'' said Brian Baker, a senior deputy district attorney.

AP-NY-03-18-02 0620EST

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