|
|
|
|
|
|
|
July 23, 2003
|
Case No: 03CV1460
|
|
California
Other Court
County of SOUTHERN DISTRICT OF CALIFORNIA
Branch: UNITED STATES DISTRICT COURT
|
FRANK PARTNOY
an individual; LAURA ADAMS
an individual; PETER STRIS
an individual; JASON WILSON
an individual; and CALIFORNIA INFORMED VOTERS GROUP
an unincorporated association
v.
KEVIN SHELLEY
in his official capacity as Secretary of State for the State of California; SALLY MCPHERSON
in her official capacity as the Registrar of Voters for the County of San Diego; and CONNY MCCORMACK
in her official capacity as the Registrar-Recorder/County Clerk for the County of Los Angeles
|
Summary
MEMORANDUM DECISIONS AND ORDER GRANTING MOTION ON THE PLEADINGS AND DECLARING CALIFORNIA ELECTIONS CODE SECTION 11382 UNCONSTITUTIONAL.
|
|
|
Causes of Action:
|
|
Judge: The Honorable BARRY TED MOSKOWITZ
|
Current information/Final Decision
IV. CONCLUSION
"Plaintiff's motion for judgment on the pleadings is GRANTED. The Court holds that California Elections Code section 11382 is unconstitutional. Furthermore, the Court finds that the Plaintiffs have made the requisite showing for a permanent injunction, namely that they have demonstrated (1) the likelihood of substantial and immediate irreparable injury, and (2) the inadequacy of rememdies at law."
The Plaintiff's Motion for Judgment on the Pleadings was granted on July 29, 2003. |
|
Lawsuit Text
I. INTRODUCTION
“This case involves the recall election of California Governor Gray Davis which is currently set for October 7, 2003. By bringing this suit Plaintiffs are not, however, trying to halt or delay the recall election. Rather, Plaintiffs seek to have one discrete provision of the California Elections Code, involving how the votes are to be counted, declared unconstitutional. The challenged provision, section 11382 of the California Elections Code, states that 'No vote cast in the recall election shall be counted for any candidate unless the voter also voted for or against the recall fo the officer sought to be recalled.' The question before the Court is whether this provision violates Plaintiffs' First and Fourteenth Amendment rights of free expression and their right to vote for the person who will govern them."
|
|
| |
|
View Comments (1) | Post a comment |
| |
|
|
|
|
|
|
|
|
|
