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GEARY v. RENNE

No. 88-2875.

911 F.2d 280 (1990)

Bob GEARY; Robert Silvestri; Dennis Mark; Melissa Gundrun; Wayne Johnson; David Soule; Max Woods; Peter Johnson; Robert Gebert; Election Action; Terence Faulkner; and Sudi Trippet, Plaintiffs-Appellees, v. Louise RENNE, San Francisco City Attorney; Dianne Feinstein, San Francisco Mayor; Board of Supervisors, City and County of San Francisco; City and County of San Francisco, and Jay Patterson, San Francisco Registrar of Voters, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 14, 1990.

As Amended August 31, 1990.

Attorney(s) appearing for the Case

David Benjamin, Deputy City Atty. and Dennis Aftergut, Chief Asst. City Atty., San Francisco, Cal., for defendants-appellants.

Arlo Hale Smith, San Francisco, Cal., for plaintiffs-appellees.

Anthony Saul Alperin, Asst. City Atty., Los Angeles, Cal., for amicus curiae Tom Bradley, Mayor of the City of Los Angeles.

Cedric C. Chao, Morrison & Foerster, San Francisco, Cal., for amicus curiae California Democratic Party, et al.

Curtis M. Fitzpatrick, Asst. City Atty., San Diego, Cal., for amicus curiae City of San Diego, et al.

Ephraim Margolin, San Francisco, Cal., for amicus curiae San Francisco County Democratic Cent. Committee, et al.

Before GOODWIN, Chief Judge, WALLACE, TANG, SCHROEDER, ALARCON, REINHARDT, BRUNETTI, KOZINSKI, LEAVY, FERNANDEZ and RYMER, Circuit Judges.

GOODWIN, Chief Judge:

Since at least 1913, California by statute or state constitutional provision has made all city, county, school, and judicial offices nonpartisan. Political parties have no control over the nomination or election processes for those offices. Prior to 1986, however, no law prohibited political party endorsements of candidates running for such offices. Nevertheless, because the legal status of such endorsements was unclear, political parties did...

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