Jones

California Democratic Party v. Jones

Caution
169 F.3d 646·99 Daily Journal DAR 2175·1999 WL 107095·1999 U.S. App. LEXIS 3359·99 Cal. Daily Op. Serv. 1627
United States Court of Appeals for the Ninth CircuitMarch 4, 1999Nos. 97-17440, 97-17442California10,760 words

Opinion

Lead Opinion

Fletcher, J.

In 1996 California voters passed Proposition 198, which converted the State’s primary election from a closed to a blanket primary in which voters may vote for any candidate regardless of the voter’s or candidate’s party affiliation. Appellants, the California Democratic, Republican, Libertarian, and Peace and Freedom Parties, together with other individuals, opponents of Proposition 198, seek reversal of the district court’s judgment upholding its constitutionality. California Democratic Party v. Jones, 984 F.Supp. 1288 (E.D.Cal.1997). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

STANDARD OF REVIEW

We review the constitutionality of a statute de novo. Crawford v. Lungren, 96 F.3d 380, 384 (9th Cir.1996), cert. denied, 620 U.S. 1117 , 117 S.Ct. 1249 , 137 L.Ed.2d 330 (1997). A district court’s determinations on questions of law and on mixed questions of law and fact that implicate constitutional rights are also reviewed de novo. Neal v. Shimoda, 131. F.3d 818, 823 (9th Cir.1997); Jacobsen v. United States Postal Serv., 993 F.2d 649, 663 (9th Cir.1992). We have undertaken that review.

CONCLUSION

We have reviewed the briefs to this court, the record made before…

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