Jeff Reich v. Galen Larson, County Clerk of Fresno and William French Smith, Attorney General of the United States

Good Law
695 F.2d 1147
United States Court of Appeals for the Ninth CircuitJanuary 4, 198380-4587California1,770 words

Opinion

Opinion

Fletcher, J.

This case involves a question of jurisdiction to hear a challenge to the bilingual assistance provisions of the Voting Rights Act of 1965, 42 U.S.C. § 1973aa-la(c) (1976). Appellant, Jeff Reich, filed an action in federal district court for the Eastern District of California, contending that the bilingual assistance provisions of the Voting Rights Act violated his first amendment rights because the bilingual provisions require translation of his candidate’s election statement into a language other than English before it can be sent out to the voters. The district court dismissed appellant’s action without reaching the merits, holding that challenges to enforcement of any provision of the Voting Rights Act can be brought only in the district court for the District of Columbia. 42 U.S.C. § 19731 (b) (1976). We note jurisdiction under 28 U.S.C. § 1291 (1976), and affirm the dismissal of appellant’s action.

FACTS

Appellant, Reich, was a candidate for Fresno County Supervisor, District 5, in the 1980 primary and general elections. California law provides that candidates for nonpartisan elective offices may prepare a candidate’s statement setting forth the candidate’s qualifications.…

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