Californians for Open Primary v. Shelley 7/30/04 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C047231

Case Date: 07/30/2004

Preview:Filed 7/30/04

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)

CALIFORNIANS FOR AN OPEN PRIMARY et al., Petitioners, v. KEVIN SHELLEY, as Secretary Of State, Respondent; CALIFORNIA LEGISLATURE, Real Party in Interest.

C047231

ORIGINAL PROCEEDING; application for a writ of mandate. Writ Issued. Strumwasser & Woocher; Fredric D. Woocher, Michael J. Strumwasser, Aimee E. Dudovitz, for Petitioners. Bill Lockyer, Attorney General, Louis R. Mauro, Senior Assistant Attorney General, Catherine M. Van Aken, Supervising Deputy Attorney General, Geoffrey L. Graybill, Deputy Attorney General, for Respondent. Diane F. Boyer-Vine, Legislative Counsel, Marian M. Johnston, Principal Deputy Legislative Counsel, Dulcinea A. Grantham, Deputy Legislative Counsel, for Real Party in Interest.

1

Californians for an Open Primary, a nonprofit public benefit corporation, and Nick Tobey, an interested citizen and taxpayer, filed an original petition for writ of mandamus or prohibition in this court,1 seeking an order prohibiting the Secretary of State, Kevin Shelley, from placing Senate Constitutional Amendment No. 18 of the 2003-04 Regular Session, (res. ch. 103, hereafter SCA 18) on the ballot for the November 2, 2004, general election as Proposition 60. SCA 18 proposes two unrelated changes in the Constitution, one relating to "primary elections,"2 the other relating to "state property."3 Because the proposed changes were adopted by

1

Petitioners invoke our original jurisdiction to consider their petition for writ of mandamus challenging the constitutionality of a statewide ballot measure. (Cal. Const., art. VI,

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