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CALIFORNIA DEMOCRATIC PARTY v. LUNGREN

No. C-94-1703.

919 F.Supp. 1397 (1996)

CALIFORNIA DEMOCRATIC PARTY; Bill Press; Susan Kennedy; San Francisco County Democratic Central Committee; Carole Migden; Sacramento County Democratic Central Committee; Rita Hodgkins; and Douglas Denton, Plaintiffs, v. Daniel LUNGREN, Attorney General of the State of California, California Republican Party; Tirso Del Junco; and Does 1 through 20, inclusive, Defendants.

United States District Court, N.D. California.

March 15, 1996.

Attorney(s) appearing for the Case

Joseph Remecho, Jamet E. Sommer, John A. Lewis, Remcho, Johansen & Purcell, San Francisco, CA, for Plaintiffs.

Daniel G. Stone, Deputy Attorney General, Sacramento, CA, for defendant Lungren.

James R. Parrinello, John E. Mueller, Nielsen, Merksamer, Hodgson, Parrinello & Mueller, Mill Valley, California, for defendants California Republic Party and Del Junco.

OPINION AND ORDER

ORRICK, District Judge.

Article II, section 6(b) of the Constitution of the State of California bars party endorsements of candidates for so-called nonpartisan elective offices. The question raised by cross-motions for summary judgment now before the Court is whether section 6(b) violates the First Amendment to the Constitution of the United States. The Court holds that it does, and for the...

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