California Court of Appeal

Trial court correctly interpreted Elections Code section 2226(a)(2) to preclude the use of voters on the inactive voter registration list in calculating whether a political party qualifies to participate in a primary election per section 5100(b). Because information in the inactive file is unreliable and often duplicative of information in the active file, the exclusion is a reasonable, nondiscriminatory restriction furthering a compelling state interest.

Appellate Information

• Decided 01/15/2004
• Published 01/15/2004

Judges

• SCOTLAND, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Robert J. Evans, Oakland, for Plaintiffs and Appellants.


• For Appellees:
  
• Bill Lockyer, Attorney General, Louis R. Mauro, Acting Senior Assistant Attorney General, Kenneth R. Williams, Supervising Deputy Attorney General, and Jill Bowers, Deputy Attorney General, for Defendant and Respondent.