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CALIFORNIANS FOR AN OPEN PRIMARY v. SHELLEY

No. C047231.

16 Cal.Rptr.3d 797 (2004)

CALIFORNIANS FOR AN OPEN PRIMARY et al., Petitioners, v. Kevin SHELLEY, as Secretary Of State, Respondent; California Legislature, Real Party in Interest.

Court of Appeals of California, Third District.

Review Granted August 9, 2004.

Attorney(s) appearing for the Case

Strumwasser & Woocher; Fredric D. Woocher, Michael J. Strumwasser, Santa Monica, Aimee E. Dudovitz, for Petitioners.

Bill Lockyer, Attorney General, Louis R. Mauro, Senior Assistant Attorney General, Catherine M. Van Aken, Supervising Deputy Attorney General, Geoffrey L. Graybill, Deputy Attorney General, for Respondent.

Diane F. Boyer-Vine, Legislative Counsel, Marian M. Johnston, Principal Deputy Legislative Counsel, Dulcinea A. Grantham, Deputy Legislative Counsel, for Real Party in Interest.

BLEASE, J.

Californians for an Open Primary, a nonprofit public benefit corporation, and Nick Tobey, an interested citizen and taxpayer, filed an original petition for writ of mandamus or prohibition in this court,1 seeking an order prohibiting the Secretary of State, Kevin Shelley, from placing Senate Constitutional Amendment No. 18 of the...

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