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ARIZONA LIBERTARIAN PARTY, INC. v. BAYLESS

No. 02-16535.

351 F.3d 1277 (2003)

ARIZONA LIBERTARIAN PARTY, INC.; Barry Hess; Peter Schmerl; John Jason Auvenshine; Ed Kahn, Plaintiffs-Appellees, v. Betsey BAYLESS, Arizona Secretary of State, Defendant-Appellant, and Board of Supervisors of Pima County, Arizona, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed December 8, 2003.

Attorney(s) appearing for the Case

Paula Bickett and Joseph A. Kanefield, Assistant Attorneys General of the State of Arizona, Phoenix, Arizona, AZ, for the defendant-appellant.

David T. Hardy, Tucson, Arizona, AZ, for the plaintiffs-appellees.

Daniel R. Ortiz, University of Virginia Law School, Charlottesville, Virginia, VA, for amicus curiae The Reform Institute, Inc.

Before: Mary M. SCHROEDER, Chief Judge, Dorothy W. NELSON, and William A. FLETCHER, Circuit Judges.

Argued and Submitted June 9, 2003 — San Francisco, California.

OPINION

PER CURIAM:

Arizona Libertarian Party, Inc., and four of its members, challenge Arizona's semiclosed primary system, added to the state constitution by Arizona voters in 1998. Under Arizona's primary system, voters who are unaffiliated, registered as independents, or registered as members of parties that are not on the primary...

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