SOLTYSIK v. PADILLA

No. 16-55758.

910 F.3d 438 (2018)

Emidio SOLTYSIK, Plaintiff-Appellant, v. Alex PADILLA, Official Capacity as Secretary of State; Dean Logan, Official Capacity as Registrar-Recorder/County Clerk of the County of Los Angeles, Defendants-Appellees, and Californians to Defend the Open Primary, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2018.


Attorney(s) appearing for the Case

Brendan Hamme (argued), ACLU Foundation of Southern California, Santa Ana, California; Kevin J. Minnick (argued), Alexandra S. Rubow , Maximillian W. Hirsch , and Zachary Faigen , Skadden Arps Slate Meagher & Flom LLP and Affiliates, Los Angeles, California; Peter J. Eliasberg , ACLU Foundation of Southern California, Los Angeles, California, for Plaintiff-Appellant.

Peter H. Chang (argued) Deputy Attorney General; Marc A. LeForestier , Supervising Deputy Attorney; Douglas J. Woods , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, San Francisco, California; for Defendant-Appellee.

Christopher E. Skinnell (argued) and Marguerite Mary Leoni , Nielsen Merksamer Parrinello Gross & Leoni LLP, San Rafael, California, for Intervenor-Defendant-Appellee.

Partial Dissent by Judge Rawlinson.


OPINION

Emidio Soltysik is a candidate for public office in California. He appeals from the district court's dismissal of his challenge to the California Elections Code, which mandates that the primary ballot list his party preference as "None" when in reality he prefers the Socialist Party USA. Because California...

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