Socialist Workers Party v. March Fong Eu

SNEED, Circuit Judge:

This case considers a challenge to section 10210 of the California Elections Code under the First and Fourteenth Amendments. Appellant appeals from one part of the decision of a three-judge district court holding unconstitutional as applied to candidates for non-statewide offices section 10210 (unless otherwise indicated, all code references are to the Cal.Elee.Code). This section specifies that candidates of political parties qualified to participate in the state’s primary election shall be designated by party affiliation on the general election ballot while any…