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PARTNOY v. SHELLEY

No. 03CV1460 BTM (JFS).

277 F.Supp.2d 1064 (2003)

Frank PARTNOY, an individual; Laura Adams, an individual; Peter Stris, an individual; Jason Wilson, an individual; and California Informed Voters Group, an unincorporated association, Plaintiffs, v. Kevin SHELLEY, in his official capacity as Secretary of State for the State of California; Sally McPherson, in her official capacity as the Registrar of Voters for the County of San Diego; and Conny McCormack, in her official capacity as the Registrar-Recorder/County Clerk for the County of Los Angeles, Defendants.

United States District Court, S.D. California.

Opinion Granting Reconsideration in Part August 21, 2003.

Attorney(s) appearing for the Case

Shaun P. Martin, University of San Diego, School of Law, San Diego, CA, for plaintiffs.

Leslie R. Lopez, Office of the Attorney General, Sacramento, CA, Timothy M. Barry, County of San Diego Office of County Counsel, San Diego, CA, Judy W. Whitehurst, County of Los Angeles, Office of the County Counsel, Los Angeles, CA, for defendants.

MEMORANDUM DECISION AND ORDER GRANTING MOTION ON THE PLEADINGS AND DECLARING CALIFORNIA ELECTIONS CODE § 11382 UNCONSTITUTIONAL

MOSKOWITZ, District Judge.

I. INTRODUCTION

This case involves the recall election of California Governor Gray Davis which is currently set for October 7, 2003. By bringing this suit Plaintiffs are not, however, trying to halt or delay the recall election. Rather, Plaintiffs seek to have one discrete provision of the...

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