Jones
Common Cause Southern Christian Leadership Conference of Greater Los Angeles v. Jones
Opinion
Opinion
Wilson, J.
ORDER DENYING MOTION FOR JUDGMENT ON THE PLEADINGS
I. Background
Under Cal.Gov.Code § 12172.5, Cal. Elec.Code §§ 19100, & 19201, the Secretary of State of California has the power to publish a list of voting systems from which counties may choose. Currently this list includes a punch card system as well as other, according to plaintiffs, more reliable voting systems.
Plaintiffs allege that, because punch card voting systems are less reliable than the other voting systems permitted by the secretary of state, those individuals living in counties where the punch-card system is used are substantially less likely to have their votes counted. This, plaintiffs allege, amounts to vote denial and a violation of the fundamental right to vote protected by the Fourteenth Amendment. Moreover, plaintiffs allege that the counties which choose the punch-card system have high racial minority populations in comparison with counties using other voting systems. Therefore, plaintiffs allege that there is denial of the right to vote on the basis of race in violation of the Voting Rights Act, 42 U.S.C. § 1983 .