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PORTER v. JONES

Nos. 01-55585, 01-56480.

319 F.3d 483 (2003)

Alan PORTER; Patrick Kerr; Steven Lewis; Scott W. Tenley; William J. Davis; Democratic Law Students Association at UCLA, Plaintiffs-Appellants, v. Bill JONES, Secretary of State, Defendant-Appellee. Alan Porter; Patrick Kerr; Steven Lewis; Scott W. Tenley; William J. Davis; Democratic Law Students Association at UCLA, Plaintiffs-Appellants, v. Bill Jones, Secretary of State, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 6, 2003.

Attorney(s) appearing for the Case

Peter J. Eliasberg and Mark D. Rosenbaum, ACLU Foundation of Southern California, Los Angeles, California; Lisa Danetz, National Voting Rights Institute, Boston, Massachusetts, for the plaintiffs-appellants.

Leslie R. Lopez, Deputy Attorney General of the State of California, Sacramento, California, for the defendant-appellee.

Before LAY, CANBY, Jr. and PAEZ, Circuit Judges.

OPINION

PAEZ, Circuit Judge.

In the weeks preceding the closely contested presidential elections of 2000, a number of Internet websites were created that facilitated discussions among voters regarding potential strategic ways of voting. Through these discussions, the participants could agree to informally "swap" their votes, generating additional votes for the Democratic candidate in crucial swing states while allowing the third party candidate to garner...

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