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BRIDGEMAN v. McPHERSON

No. C050528.

45 Cal.Rptr.3d 813 (2006)

141 Cal.App.4th 277

Theresa BRIDGEMAN et al., Plaintiffs and Respondents, v. Bruce McPHERSON as Secretary of State, etc., Defendant and Appellant.

Court of Appeals of California, Third District.

July 11, 2006.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Louis R. Mauro, Assistant Attorney General, Christopher E. Krueger and Douglas J. Woods, Deputy Attorneys General, for Defendant and Appellant.

Law Office of Scott J. Rafferty and Scott J. Rafferty for Plaintiffs and Respondents.

SIMS, Acting P.J.

Bruce McPherson, as Secretary of State of the State of California (the Secretary), appeals from a judgment and peremptory writ of mandate requiring the Secretary to refrain from enforcing the portion of Elections Code section 3103.5,1 which requires a special absentee voter2 to sign an oath "that by returning my voted ballot by facsimile [(fax)] transmission I have waived my right to have...

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