United States Ninth Circuit

District court erred in dismissing plaintiff's pre-enforcement action under 42 U.S.C. 1983 challenging California Elections Code sections 8066 and 8451, which mandate that "circulators," who gather signatures from registered voters for a candidate's nomination papers, must reside in the political subdivision where they are gathering signatures, because in light of plaintiffs' concrete plan to violate the law and defendants' communication of a specific warning of a threat of enforcement, plaintiffs had met the constitutional case or controversy requirement.

Appellate Information

• Decided 03/06/2013
• Published 03/06/2013

Judges

• GRABER

Court

• United States Ninth Circuit

Counsel