SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT; Southern Christian Leadership Conference of Greater Los Angeles; National Association for the Advancement of Colored People; California State Conference of Branches, Plaintiffs-Appellants,
v.
Kevin SHELLEY, in his official capacity as California Secretary of State, Defendant-Appellee,
Ted Costa, Intervenor-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted September 11, 2003.
Filed September 15, 2003.
Attorney(s) appearing for the Case
Mark D. Rosenbaum, Peter J. Eliasberg, Ben Wizner, Catherine Lhamon; Ranjana Natarajan, Danile P. Tokaji; ACLU Foundation of Southern California; Los Angeles, CA; Erwin Chemerinsky; University of Southern California Law School; Los Angeles, CA; Laurence Tribe; Cambridge, Massachusetts, MA; Jordan Budd, ACLU of San Diego & Imperial Counties, San Diego, CA; Alan L. Schlosser, Margaret C. Crosby, ACLU Foundation of Northern California, San Francisco, CA, Neal Katyal, Washington, DC; Thomas C. Goldstein, Goldstein & Howe, P.C., for Plaintiff-Appellants.
John C. Ulin, Jilana L. Miller, Heller Ehrman White & McAuliffe, LLP, Los Angeles, CA, for Appellants Southwest Voter Registration Education Project, National Ass'n for the Advancement of Colored People, California State Conference of Branches.
Andrea L. Hoch, Louise R. Mauro, Kenneth R. Williams, Douglas J. Woods, Susan R. Oie; Office of the Attorney General of California; Sacramento, CA; for Defendant-Appellee.
Charles P. Diamond, Robert M. Schwartz, Robert C. Welsh, Victor H. Jih; Los Angeles, CA; Charles H. Bell, Thomas W. Hitachk; Bellow, McAndrews, Hiltachk & Davidian LLP; Sacramento, CA; for Intervenor-Appellee.
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
PER CURIAM:
On October 7, 2003, California voters will be asked to cast a ballot on some of the most important issues facing the State, including an unprecedented vote on the recall of a governor. However, forty-four percent of the electorate will be forced to use a voting system so flawed that the Secretary of State has officially deemed it "unacceptable" and banned its use in all future elections. The inherent defects in the system are such that...
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