Peta Lindsay v. Debra Bowen

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PETA LINDSAY; RICHARD BECKER; No. 13-15085

PEACE AND FREEDOM PARTY,

Plaintiffs-Appellants, D.C. No. 2:12-cv-00853- v. GEB-AC

DEBRA BOWEN, in her official capacity as Secretary of the State of OPINION California, Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, Jr., Senior District Judge, Presiding

Argued and Submitted February 13, 2014—San Francisco, California

Filed May 6, 2014

Before: Alex Kozinski, Chief Judge, Diarmuid F. O’Scannlain and Mary H. Murguia, Circuit Judges.

Opinion by Chief Judge Kozinski SUMMARY*

Civil Rights

The panel affirmed the district court’s dismissal of a suit alleging that plaintiff Peta Lindsay’s constitutional rights were violated when she was excluded, pursuant to California regulation, from appearing on the 2012 presidential primary ballot as a candidate for the Peace and Freedom Party because she was twenty-seven years old and therefore not constitutionally eligible to be president.

The panel held that any burden on…