COUNTY OF SAN DIEGO v. BOWEN

No. D052744.

166 Cal.App.4th 501 (2008)

COUNTY OF SAN DIEGO et al., Plaintiffs and Appellants, v. DEBRA BOWEN, as Secretary of State, etc., Defendant and Respondent; COUNTY OF KERN et al., Interveners and Appellants.

Court of Appeals of California, Fourth District, Division One.

August 29, 2008.


Attorney(s) appearing for the Case

John J. Sansone, County Counsel, Timothy M. Barry and Dennis I. Floyd, Deputy County Counsel, for Plaintiffs and Appellants.

Kathleen Bales-Lange, County Counsel (Tulare), and Teresa M. Saucedo, Deputy County Counsel, for the Counties of Tulare, Kings, Contra Costa, Butte, Fresno and Yuba as Amici Curiae on behalf of Plaintiffs and Appellants.

Ruth E. Stringer, County Counsel, and Daniel B. Haueter, Assistant County Counsel, for Interveners and Appellants County of San Bernardino and Kari Verjil.

Joe S. Rank, County Counsel, Robert M. Pepper and Tawny V. Lieu, Deputy County Counsel, for Interveners and Appellants County of Riverside and Barbara Dunmore.

Bernard C. Barmann, Sr., County Counsel, and Steven L. Sanders, Deputy County Counsel, for Interveners and Appellants County of Kern and Ann K. Barnett.

Edmund G. Brown, Jr., Attorney General, Christopher E. Krueger, Assistant Attorney General, Douglas J. Woods and Susan K. Leach, Deputy Attorneys General, for Defendant and Respondent.


OPINION

IRION, J.

As part of a program intended to ensure the integrity of California elections, Debra Bowen, in her official capacity as the California Secretary of State (the Secretary), decertified and then immediately recertified a number of voting systems in use throughout the state. As a condition of recertification, the Secretary imposed a comprehensive system of postelection manual ballot tallying on local elections officials. In this...

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