Halloran v. State, Division of Elections

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

A voter challenged the constitutionality of election procedures for voting on an initiative proposition in the August 2002 primary election. The voter obtained a temporary restraining order that allowed him to cast a vote on the proposition in the primary without affiliating with one of the six political parties offering ballots, but his main constitutional challenge was later mooted by legislation that revamped the procedure for primary elections. The superior court declined to award attorney’s fees to the voter because it found that neither party had…