Communist Party of United States of America v. Peek

In this action plaintiffs challenge the validity of Stats. Fourth Extra Session 1940, page 362, and Stats. 1941, page 3036, which added sections 2540.3, 2540.4, 2540.5 and 2540.9 to the Elections Code. Plaintiffs are the Communist Party of the United States and three individual members thereof. The right of a political party to maintain an action in this state in its own name is no longer open to question. (Independence League v. Taylor, 154 Cal. 179 [97 Pac. 303]; see, also, Socialist Party v. Uhl, 155 Cal. 776 [103 Pac. 181].) Plaintiffs’ amended complaint sets forth three causes of action:…