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PORTER v. BOWEN

No. 06-55517.

496 F.3d 1009 (2007)

Alan PORTER; Patrick Kerr; Steven Lewis; William J. Cody, Plaintiffs-Appellants, v. Debra BOWEN, in her official capacity as California Secretary of State; Bill Jones, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2007.

Attorney(s) appearing for the Case

Peter J. Eliasberg (argued) and Mark D. Rosenbaum, ACLU Foundation of Southern California, Los Angeles, CA, and Lisa J. Danetz and Brenda Wright, Demos: A Network for Ideas & Action, Boston, MA, for the appellants.

Bill Lockyer, Attorney General, Stacy Boulware Eurie, Senior Assistant Attorney General, Catherine M. Van Aken, Supervising Deputy Attorney General, Diana L. Cuomo, Deputy Attorney General, and Zackery P. Morazzini, Deputy Attorney General (argued), Sacramento, CA, for the appellees.

Before: RAYMOND C. FISHER and RICHARD R. CLIFTON, Circuit Judges, and RICARDO MARTINEZ, District Judge.

FISHER, Circuit Judge:

The 2000 presidential election was one of the closest in our nation's history. Polls in the weeks before election day showed a statistical dead heat, see Election 2000, http://www.pollingreport.com/2000. htm# TRIAL, and George W. Bush eventually prevailed even though Al Gore received a plurality of the national popular vote. The 2000 election also featured third-party candidates on both the left and right ends of the political spectrum...

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