Partnoy v. Shelley

MEMORANDUM DECISION AND ORDER GRANTING MOTION ON THE PLEADINGS AND DECLARING CALIFORNIA ELECTIONS CODE § 11382 UNCONSTITUTIONAL

MOSKOWITZ, District Judge.

I. INTRODUCTION

This case involves the recall election of California Governor Gray Davis which is currently set for October 7, 2003. By bringing this suit Plaintiffs are not, however, trying to halt or delay the recall election. Rather, Plaintiffs seek to have one discrete provision of the California Elections Code, involving how the votes are to be counted, declared unconstitutional. The challenged provision, section 11382 of the California…