California Justice Committee et al v.Debra Bowen

Filing 50

JUDGMENT by Judge Percy Anderson: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs California Justice Committee, the Constitution Party of California, Jeff Norman, Charles Michel Deemer, and John Gabree (collectively "Plaintiffs" ) shall have judgment in their favor against defendant Debra Bowen, California Secretary of State, in her official capacity ("Defendant" or "Secretary of State"). IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that California Electi ons Code section 5100's timing requirement violates Plaintiffs' rights under the First and Fourteenth Amendments of the United States Constitution. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Secretary of State is permanently enjo ined from enforcing or otherwise applying California Elections Code section 5100's requirement that proposed political parties must satisfy the party qualification requirements at least 135 days prior to the primary election. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs shall have their costs of suit. (MD JS-6, Case Terminated). (gk)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CALIFORNIA JUSTICE COMMITTEE,
THE CONSTITUTION PARTY OF
CALIFORNIA, JEFF NORMAN,
CHARLES MICHEL DEEMER, and
JOHN GABREE,

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JUDGMENT

Plaintiffs,

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CV 12-3956 PA (AGR)

v.
DEBRA BOWEN, California Secretary
of State, in her official capacity,

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Defendant.
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Pursuant to the Court’s Findings of Fact and Conclusions of Law issued on October
18, 2012,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs

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California Justice Committee, the Constitution Party of California, Jeff Norman, Charles

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Michel Deemer, and John Gabree (collectively “Plaintiffs”) shall have judgment in their

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favor against defendant Debra Bowen, California Secretary of State, in her official capacity

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(“Defendant” or “Secretary of State”).

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....

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....

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that California

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Elections Code section 5100’s timing requirement violates Plaintiffs’ rights under the First

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and Fourteenth Amendments of the United States Constitution.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Secretary of

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State is permanently enjoined from enforcing or otherwise applying California Elections

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Code section 5100’s requirement that proposed political parties must satisfy the party

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qualification requirements at least 135 days prior to the primary election.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs shall
have their costs of suit.
IT IS SO ORDERED.

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DATED: October 18, 2012

_________________________________
Percy Anderson
UNITED STATES DISTRICT JUDGE

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