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GAONA v. ANDERSON

No. 93-55145.

989 F.2d 299 (1993)

Venancio GAONA, Victor B. Moheno, Arcadio Viveros, Plaintiffs-Appellants, v. Susan B. ANDERSON, Fresno County Clerk-Registrar of Voters; Gale S. Enstad, Kern County Clerk-Recorder; Joan L. Bullock, Kings County Clerk-Recorder; March Fong Eu, California Secretary of State; Charles Weissburd, Los Angeles County Registrar of Voters; Frank Heston, San Bernardino County Registrar of Voters; Nadine Svoboda, Tulare County Clerk, Defendants-Appellees, and Pete Wilson, Governor of the State of California, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 24, 1993.

Attorney(s) appearing for the Case

Allan Browne, Browne & Woods, Beverly Hills, CA, for plaintiffs-appellants.

Anthony L. Miller, Chief Counsel to the Secretary of State, Sacramento, CA, for defendant-appellee Eu.

Manuel Medeiros, Deputy Atty. Gen., Sacramento, CA, for defendant-intervenor-appellee.

Before: GOODWIN, SCHROEDER, and CANBY, Circuit Judges.

PER CURIAM:

This lawsuit arises out of a special election scheduled to take place on March 2, 1993 in California state senate district 16 ("SD 16").1 The election will fill the vacancy created when State Senator Don Rogers resigned from his SD 16 seat, to which he was elected in 1990.

California has 40 state senators who are elected to four-year staggered terms. Cal. Const., art. IV, sec. 2. Senators in the 20 even-numbered districts...

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