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CALIFORNIA DEMOCRATIC PARTY v. JONES

Nos. 97-17440, 97-17442.

169 F.3d 646 (1999)

CALIFORNIA DEMOCRATIC PARTY; Art Torres; Kathy Bowler; Paul Jorjorian; Peace And Freedom Party; C.T. Weber; Libertarian Party Of California; Gail Lightfoot, Plaintiffs-Appellants, and California Republican Party, Michael Schroeder; Shawn Steel; Donna Shalansky, Plaintiffs-Intervenors, v. Bill JONES, Secretary of the State of California, Defendant-Appellee, v. Californians For An Open Primary, Defendant-Intervenor-Appellee. California Democratic Party; Art Torres; Kathy Bowler; Paul Jorjorian; Peace And Freedom Party; C.T. Weber; Libertarian Party Of California; Gail Lightfoot, Plaintiffs, and California Republican Party, Michael Schroeder; Shawn Steel; Donna Shalansky, Plaintiffs-Intervenors-Appellants, v. Bill Jones, Secretary of the State of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1999.

Attorney(s) appearing for the Case

George Waters, Olson, Hagel, Leidigh, Waters & Fishburn, Sacramento, California, for plaintiffs-appellants.

Cyrus J. Rickards, Deputy Attorney General, Sacramento, California, for defendant-appellee.

John E. Mueller, Nielsen, Merksamer, Parrinello, Mueller & Naylor, Mill Valley, California, for intervenors-plaintiffs-appellants.

James P. Clark, Gibson, Dunn, & Crutcher, Los Angeles, California, for intervenor-defendant-appellee.

James L. Baldwin, Assistant Attorney General, for Amicus, State of Alaska.

Jeffrey T. Even, Assistant Attorney General, for Amicus, State of Washington.

Before: HUG, Chief Judge, FLETCHER and TROTT, Circuit Judges.

FLETCHER, Circuit Judge:

In 1996 California voters passed Proposition 198, which converted the State's primary election from a closed to a blanket primary in which voters may vote for any candidate regardless of the voter's or candidate's party affiliation. Appellants, the California Democratic, Republican, Libertarian, and Peace and Freedom Parties, together with other individuals, opponents of Proposition 198, seek reversal of the district court's judgment upholding...

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