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PADILLA v. LEVER

No. 03-56259.

463 F.3d 1046 (2006)

Sandra PADILLA; Victor Sanchez; Rosa Andrade, Plaintiffs-Appellants, v. Rosalyn LEVER, in her official capacity as Registrar of Voters, Orange County Registration and Elections Department; Suzanne Slupsky, in her official capacity as Assistant Registrar of Voters, Orange County Registration and Elections Department, Defendants-Appellees, and Vivian Martinez, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2006.

Attorney(s) appearing for the Case

Nina Perales (argued), Mexican American Legal Defense and Educational Fund, San Antonio, TX, for the plaintiffs-appellants.

Wendy J. Phillips (argued), Deputy County Counsel, Santa Ana, CA; Frederic D. Woocher (argued), Strumwasser & Woocher, LLP, Santa Monica, CA; for the defendants-appellees.

George W. Shaeffer, Jr. (argued), Heather B. Scheck (brief), Breon & Shaeffer, P.L.C., Irvine, CA, on behalf of the Santa Ana Unified School District; Louis R. Mauro, Senior Assistant Attorney General, Sacramento, CA, for amici curiae.

Before: SCHROEDER, Chief Judge, PREGERSON, CANBY, REINHARDT, KOZINSKI, O'SCANNLAIN, RYMER, KLEINFELD, FISHER, GOULD, PAEZ, TALLMAN, RAWLINSON, BYBEE, and BEA, Circuit Judges.

Argued and Submitted En Banc June 22, 2006.

CANBY, Circuit Judge:

A provision of the federal Voting Rights Act, 42 U.S.C. § 1973aa-1a(c), requires that, in certain States with substantial linguistic minority populations of voting age, election materials must be provided in the applicable minority languages as well as English. This requirement applies to any covered State or political subdivision that "provides any . . . materials or information...

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