Padilla

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 THE COMMON SENSE PARTY, et al., No. 2:20-cv-01091-MCE-EFB Plaintiffs, v. MEMORANDUM AND ORDER ALEX PADILLA, in his official capacity as Secretary of State of California, 15 Defendant. 16 17 Through the present lawsuit, filed on May 29, 2020, Plaintiffs the Common Sense Party, a political “party-in-formation” (“CSP”), Tom Campbell, in his capacity as official representative of and registered voter in the CSP, and Debbie Benrey and Michael Turnipseed, as registered voters in the CSP (collectively “Plaintiffs”), challenge the constitutionality of California Elections Code § 5151(c) (“§ 5151(c)”) as it applies to them. According to Plaintiffs, circumstances caused by California’s response to the COVID-19 pandemic render it impossible for them to comply with the statutory voter registration requirements included in § 5151(c) and absent injunctive relief, the CSP will not be able to participate as a recognized political party in the upcoming election. To that end,…