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DEMOCRATIC PARTY OF HAWAII v. NAGO

No. 13-17545.

833 F.3d 1119 (2016)

DEMOCRATIC PARTY OF HAWAII, Plaintiff-Appellant, v. Scott T. NAGO, in his official capacity as Chief Election Officer of the State of Hawaii, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2016.

Attorney(s) appearing for the Case

Thomas Anthony Gill (argued) and David A. Sgan , Gill, Zukeran & Sgan, Honolulu, Hawaii, for Plaintiff-Appellant.

Deirdre Marie-Iha (argued) and Marissa H. I. Luning , Deputy Solicitors General; David M. Louie , Attorney General of Hawaii; Department of the Attorney General, Honolulu, Hawaii; for Defendant-Appellee.

Before: A. Wallace Tashima, Richard C. Tallman, and Andrew D. Hurwitz, Circuit Judges.

OPINION

In 2013, the Democratic Party of Hawaii (the "Democratic Party" or the "Party") brought a facial First Amendment challenge to Hawaii's open primary system. The Democratic Party seeks to limit the participants in its primary elections to its formal members...

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