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Ft1. Q ~Ap Cory J o... 0 PEACE & SHEA, LLP F; LED S. Chad Peace (State Bar No. 290274) SUPERIOR COURT OF CALIFORNIA 2700 Adams A venue, Suite 204 COUNTY OF SAN BERNARDINO 2 San Diego, CA 92116 SAN BERNARDINO DISTRICT Tel: 619-255-4461 3 .Fax: 619-255-4462 OCT 0 8 2019 4 BRIGGS LAW CORPORATION [file: 1351.03] BY ft1. Q_~ap Cory J. Briggs (State Bar no. 176284) _A_N_G-lE<f.J.LI~GARCIA, DEPUTY 5 Anthony N. Kim (State Bar no. 283353) 99 East "C" Street, Suite 111 6 Upland, CA 91786 Tel: 909-949-7115 7 ~ax: 909-949-7121 8 Attorneys for Plaintiffs and Petitioners JIM BOYDSTON, STEVEN FRAKER, DANIEL HOWLE, JOSEPHINE PIARULLI, 9 JEFF MARSTON, AND INDEPENDENT VOTER PROJECT 10 [Additional counsel on signature page] 11 SUPERIOR COURT OF CALIFORNIA 12 COUNTY OF SAN BERNARDINO 13 14 JIM BOYDSTON; STEVEN FRAKER; Case No: CIVDS1921480 DANIEL HOWLE; JOSEPHINE PIARULLI; 15 JEFF MARSTON; LINDSAY VUREK; LINDA PLAINTIFFS AND PETITIONERS' CARPENTER SEXAUER and INDEPENDENT OPENING BRIEF IN SUPPORT OF 16 VOTER PROJECT, a non-profit corporation, MOTION FOR PRELIMINARY INJUNCTION; DECLARATIONS CORY J. 17 Plaintiffs and Petitioners, BRIGGS, DANIEL HOWLE, SVETLANNA CHYETTE; SUPPORTING EXHIBITS 18 V. Action Filed: July 23, 2019 19 ALEX PADILLA, in his official capacity as Department: S-32 (Hon. Wilfred J. Schneider, Jr.) California Secretary of State; STATE OF 20 CALIFORNIA; and DOES 1 through 1,000, Hearing Date: November 19, 2019 Hearing Time: 8:30 a.m. 21 Defendants and Respondents. 22 23 24 Plaintiffs and Petitioners Jim Boydston, Steven Fraker, Daniel Howle, Josephine Piarulli, Jeff 25 Marston, Lindsay Vurek, Linda Carpenter Sexauer, and Independent Voter Project (collectively, 26 "Petitioners") respectfully submit this opening brief in support of its motion for a preliminary 27 injunction against Defendants Alex Padilla and the State of California (collectively, "Defendants"). 28 OPENING BRIEF ISO MOTION FOR PRELIMINARY INJUNCTION Table of Contents 2 INTRODUCTION ..................................................................................................................... 1 3 I. BACKGROUND ............................................................ :.......................................................... 1 4 II. III. ARGUMENT AND ANALYSIS .............................................................................................. 3 5 A. Petitioners Are Likely to Succeed on the Merits ........................................................... 3 6 1. California's Presidential Primary Scheme Violates Petitioners' Fundamental 7 Rights ................................................................................................................. 5 8 2. Strict Scrutiny Applies because the Character and Magnitude of the Injury Is Severe and Irreparable ....................................................................................... 7 9 B. Petitioners' Harm Is Caused by California's Current Presidential-Primary Scheme .. 13 10 Petitioners Have and Will Continue to Suffer Irreparable Harm ................................. 14 11 c. D. The Balance of Equities and the Public Interest Are in Petitioners' Favor ................. 14 12 IV. CONCLUSION ........................................................................................................................ 15 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - i- OPENING BRIEF ISO MOTION FOR PRELIMINARY INJUNCTION Table of Authorities 2 Constitutional Provisions Cal. Canst., art. I ................................................................................................................................... 5 3 Cal. Canst., art. § 4 ............................................................................................................................ 6 4 II U.S. Canst., amends.! ........................................................................................................................... 5 5 U.S. Canst., amends. XIV ..................................................................................................................... 5 6 7 Cases 8 Baypoint Mortgage Corp. v. Crest Premium Real Estate Investments Retirement Trust, 168 Cal. App. 3d 818, 824 (1985) ................................................................................................................... 3 9 10 Burdick v. Takushi, 504 U.S. 428 (1992) .............................................................................................. 7 11 Butt v. State of Calif., 4 Cal. 4th 668 (1992) ......................................................................................... 3 12 California Democratic Party v. Jones, 530 U.S. 567 (2000) ....................................................... 2, 5, 9 13 Christian Legal Soc'y v. Walker, 453 F.3d 853 (7th Cir. 2006) ......................................................... 14 14 Conover v. Hall, 11 Cal. 3d 842 (1974) ................................................................................................ 3 15 Costa Mesa City Employees' Ass'n v. City of Costa Mesa, 209 Cal. App. 4th 298 (2012) ................ 14 16 Democratic Party of US. v. Wisconsin ex rei. La Follette, 450 U.S. 107 (1981) .............................. 11 17 Dunn v. Blumstein, 405 U.S. 330 (1972) ................................................................. ;............................ 8 18 Elrodv. Burns, 427 U.S. 347 (1976) .............................................................................................. 8, 14 19 Eu v. San Francisco Cty. Democratic Central Comm., 489 U.S. 214,222 (1989) .............................. 5 20 Gray v. Sanders, 372 U.S. 368 (1963) .................................................................................................. 5 21 Integrated Dynamic Solutions, Inc. v. Vitavet Labs, Inc., 6 Cal. App. 5th 1178 (20 16) ...................... 3 22 Janus v. Am. Fed'n ofState, Cty., & Mun. Employees, Counci/31, 138 S. Ct. 2448 (2018) ........... 5, 6 23 Kusper v. Pontikes, 414 U.S. 51 (1973) ................................................................................................ 5 24 Maria P. v. Riles, 43 Cal. 3d 1281 (1987) .......................................................................................... 14 25 Moore v. Ogilvie, 394 U.S. 814 (1969) ................................................................................................. 5 26 NAACP v. State ofAlabama ex rei. Patterson, 357 U.S. 449 (1958) ................................................... 6 27 Pacific Gas & Elec. Co. v. Public Uti!. Comm 'n of Cal., 475 U.S. 1 (1986) ....................................... 5 28 Rawls v. Zamora, 107 Cal. App. 4th 1110 (2003) .................................................................... 9, 11, 13 - II - OPENING BRIEF ISO MOTION FOR PRELIMINARY INJUNCTION Robbins v. Superior Ct. (1985) 38 Cal. 3d 199 (1985) ....................................................................... 15 Roberts v. United States Jaycees, 468 U.S. 609 (1984) ........................................................................ 5 2 Ruben v. Padilla, 233 Cal. App. 4th 1128 (2015) ............................................................................. 7, 9 3 Smith v. Allwright, 321 U.S. 649 (1944) ............................................................................................... 6 4 Tashijian v. Republican Party of Conn., 4 79 U.S. 208, 214 (1986) ..................................................... 5 5 Timmons v. Twin Cities Area New Party, 520 U.S. 351 (1997) ........................................................... 7 6 Wexler v. Anderson, 452 F.3d 1226 (11th Cir. 2006) ........................................................................... 8 7 8 Statutes 9 Code Civ. Proc. § 526 ........................................................................................................................... 3 10 Code·Civ. Proc. § 527 ........................................................................................................................... 3 11 Elec. Code§ 10(a) .......................................................................................... ;..................................... 13 12 Elec. Code§ 10(b) .............................................................................................................................. 14 13 Elec. Code § 131 02 ............................................................................................................................. 11 14 Elec. Code§ 2151 ......................................................................................................................... 10, 13 15 Elec. Code § 6020(b) .......................................................................................................................... 10 16 Elec. Code§ 646I(c) ........................................................................................................................... II 17 Elec. Code § 6480(b) .......................................................................................................................... 10 18 Elec. Code § 6620(a) ........................................................................................................................... II 19 Elec. Code § 6620( d) .......................................................................................................................... 1I 20 Elec. Code§ 6821(a) ........................................................................................................................... 11 21 Elec. Code § 685I ..............................................................................................................................
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