The Honorable James G. Carr, Senior District Judge for the U.S.
District Court for the Northern District of Ohio, sitting by designation.This summary constitutes no part of the opinion of the court. It has
been prepared by court staff for the convenience of the reader.
Before: Marsha S. Berzon and Paul J. Watford, CircuitJudges, and James G. Carr, Senior District Judge.
Opinion by Judge Carr
The panel affirmed the district court’s order grantingdefendants summary judgment and denying a motion tointervene in this action brought by plaintiffs challenging theconstitutionality of certain sections of California Senate Bill6, legislation which, implementing California’s Proposition14, changed the California election system by eliminating party primaries and general elections with party-nominatedcandidates, and substituting a nonpartisan primary and a two-candidate runoff.The panel first dismissed as moot the appeal by two of the plaintiffs and the claims of a potential intervenor whichchallenged the counting of write-in ballots, noting that theCalifornia Elections Code has been amended to clarify thatvoters are not permitted to cast write-in ballots in top-twogeneral elections.
Case: 11-56303 07/03/2013 ID: 8690190 DktEntry: 45-1 Page: 3 of 26
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