Legal Opinion

Michael Schaefer v. Mischelle Townsend, Registrar of Voters, County of Riverside Bill Jones, Secretary of State, State of California

Court of Appeals for the Ninth Circuit

Decided June 20, 2000No. 98-55718PublishedCited by 43 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

We must decide whether California may require that candidates for the United States House of Representatives reside in the state when filing nomination papers, as distinguished from when elected.

I

Michael Schaefer, a Nevada resident, sought to file as a candidate in the special Congressional election of April 7, 1998 to fill the vacancy for the 44th Congressional District of California. The seat was previously held by the late Congressman Sonny Bono who died while in office. Mischelle Townsend, the Registrar of Voters for Riverside County, refused to give Schaefer…

2Cases cited17 opinions

  1. Powell v. McCormackSupreme Court of the United States · 1969
  2. Dunn v. BlumsteinSupreme Court of the United States · 1972
  3. Anderson v. CelebrezzeSupreme Court of the United States · 1983
  4. Burdick v. TakushiSupreme Court of the United States · 1992
  5. Storer v. BrownSupreme Court of the United States · 1974

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3Cited by43 opinions

  1. Wolfson v. BrammerCourt of Appeals for the Ninth Circuit · 2010
  2. Texas Democratic Party v. BenkiserCourt of Appeals for the Fifth Circuit · 2006
  3. Jerry Rubin v. City of Santa Monica Maria M. Stewart, City Clerk Does 1-5, Inclusive, Bill Jones, Secretary of StateCourt of Appeals for the Ninth Circuit · 2002
  4. American Civil Liberties Union Of Nevada v. LomaxCourt of Appeals for the Ninth Circuit · 2006
  5. Steven Biener Carol Greenway v. Frank Calio, the Honorable, State Election Commissioner Democratic Party of the State of DelawareCourt of Appeals for the Third Circuit · 2004

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