Jones

Adam Van Susteren filed this action in federal district court seeking to be listed on the ballot as a Libertarian Party candidate in the March 2002 primary election for California’s 53rd District seat in the United States House of Representatives. The defendants, the California Secretary of State and the San Diego Registrar of Voters, denied Van Susteren a place on the ballot because he did not meet the disaffiliation requirement in California Elections Code § 8001. The disaffiliation provision requires partisan candidates to have been disaffiliated from membership in other political parties for one year prior to filing for primary ballot access. 1 See Cal. Elec. Code § 8001 (a)(2).

Van Susteren did not meet the disaffiliation requirement because he had been registered as a Republican within the preceding twelve months. The district court rejected Van Susteren’s constitutional challenges to section 8001 and granted summary judgment in favor of the defen *1026 dants. We affirm because the district court correctly held that this case is not materially distinguishable from the Supreme Court’s opinion in Storer v. Brown, 415 U.S. 724, 94 S.Ct. 1274 , 39 L.Ed.2d 714…