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CALIFORNIA DEMOCRATIC PARTY v. JONES

No. CIV. S-96-2038 DFL.

984 F.Supp. 1288 (1997)

CALIFORNIA DEMOCRATIC PARTY, Art Torres, Kathy Bowler, Paul Jorjorian, Peace and Freedom Party, C.T. Weber, Libertarian Party of California and Gail Lightfoot, Plaintiffs, v. Bill JONES, Secretary of State of the State of California, Defendant. California Republican Party, Michael Schroeder, Shawn Steel and Donna Shalansky, Intervenors/Plaintiffs, Californians for an Open Primary, Intervenor/Defendant.

United States District Court, E.D. California.

As Corrected November 24, 1997.

Attorney(s) appearing for the Case

George Waters, Mary Beth Moylan, Olson Hagel Leidgh Waters and Fishburn, Sacramento, CA, for California Democratic Party, Art Torres, Kathy Bowler, Paul Jorjorian.

Cyrus J. Richards, Atty. General's Office of State of California, Sacramento, CA, for Bill Jones.

James P. Clark, Gibson, Dunn and Crutcher, Los Angeles, CA, for Californians for an Open Primary.

John E. Mueller, Nielsen Merksamer Parrinello Mueller and Naylor, Mill Valley, CA, for Michael Schroeder, Shawn Steel, Donna Shalansky, California Republican Party.

George Waters, Olson Hagel Leidigh Waters and Fishburn, L.L.P., Sacramento, CA, for Peace and Freedom Party, C.T. Weber, Libertarian Party of California, Gail Lightfoot.

MEMORANDUM OF OPINION AND FINDINGS OF FACT AND CONCLUSIONS OF LAW

LEVI, District Judge.

In March of 1996, the people of the State of California, by a wide margin, adopted Proposition 198, an initiative statute known as the Open Primary Act. Proposition 198 converts the State's primary election from a closed to an open or blanket primary in which voters may vote for any candidate regardless of the candidate's or the voter's party affiliation. In a...

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