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SCHAEFER v. TOWNSEND

No. 98-55718.

215 F.3d 1031 (2000)

Mischelle SCHAEFER, Plaintiff-Appellant, v. Mischelle TOWNSEND, Registrar of Voters, County of Riverside; Bill Jones, Secretary of State, State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2000.

Attorney(s) appearing for the Case

Michael Schaefer (pro se) Las Vegas, Nevada, for the plaintiff-appellant.

Linda Cabatic, Paul Dobson, and Marsha A. Bedwell (argued), Deputy Attorneys General, Sacramento, California, for defendant-appellee Bill Jones.

William Katzenstein, Robert Pepper, Lucy Furuta, County of Riverside, Riverside, California, for defendant-appellee Mischelle Townsend.

Before: PREGERSON, NOONAN, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether California may require that candidates for the United States House of Representatives reside in the state when filing nomination papers, as distinguished from when elected.

I

Michael Schaefer, a Nevada resident, sought to file as a candidate in the special Congressional election of April 7, 1998 to fill the vacancy for the 44th Congressional District of California. The seat was previously held by...

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