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LIBERTARIAN PARTY v. EU

Docket No. 52886.

83 Cal.App.3d 470 (1978)

147 Cal. Rptr. 888

LIBERTARIAN PARTY OF CALIFORNIA et al., Plaintiffs and Appellants, v. MARCH FONG EU, as Secretary of State, etc., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

July 31, 1978.

Attorney(s) appearing for the Case

COUNSEL

Sills, Dougherty & Hendrickson and Ray Hendrickson for Plaintiffs and Appellants.

Evelle J. Younger, Attorney General, Iver E. Skjeie, Assistant Attorney General, and Henry G. Ullerich, Deputy Attorney General, for Defendants and Respondents.

OPINION

HASTINGS, J.

This appeal challenges the constitutionality of Elections Code section 7203,1 on equal protection and due process grounds. To pinpoint the problem: the section, by its wording, prevents an independent candidate in a special election from participating in a runoff election when no candidate receives a majority vote in the primary election...

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