Henry

MEMORANDUM *

Robert S. Henry (“Henry”), a judicial candidate for the Superior Court of California for Los Angeles County in the primary election held on March 2, 2004, appeals the district court’s grant of summary judgment in favor of Appellees Los Angeles County Registrar-Recorder (“Registrar”), Los Angeles County Board of Supervisors, and the Secretary of State of California. Henry’s suit challenges the constitutionality of California Election Code § 13307(c), which allows California counties to decide, prior to the commencement of the nomination period of each election cycle, whether to require candidates for nonpartisan city, county, and district offices who choose to include a statement in the county’s voter’s pamphlet to reimburse the county for the actual cost of printing, handling, translating, and mailing their statements. See Cal. Elec.Code § 13307 (West Supp.2005).

Pursuant to Cal. Elec.Code § 13307(c), Los Angeles County opted to charge candidates for nonpartisan city, county, and district offices in the March 2, 2004, primary election a $65,000 fee for the inclusion of their statements in the voter’s pamphlet. After Henry failed to pay the $65,000 fee or file a…