No. 23-439

Jim Boydston, et al. v. Shirley N. Weber, California Secretary of State, et al.

Lower Court: California
Docketed: 2023-10-26
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: civil-rights first-amendment fourteenth-amendment party-nomination political-association political-parties primary-election state-elections voter-participation
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (from Petition)

1. Where, under State law, the selection of a
political party's presidential nominee is governed by
internal party rules and procedures and not by the
results of the State-administered presidential-primary
election, may the State—consistent with the First and Fourteenth Amendments—lawfully require registered
voters wanting to participate in the State-administered
presidential-primary election to, as a condition of
participating, formally associate with the political party
of the nominee for whom the voters desire to cast a
vote?

2. Did the California Court of Appeal err in
concluding that primary votes cast by non-partisan
("no party preference" or "NPP") voters in California's
presidential primary are not subject to constitutional
protection under this Court's Anderson/Burdick framework merely because one or more political parties may
choose not to consider those votes during their
candidate-nomination process?

Question Presented (AI Summary)

Whether a State may require registered voters to formally associate with a political party to participate in the State-administered presidential primary election

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-08
DISTRIBUTED for Conference of 12/1/2023.
2023-11-01
Waiver of right of respondent Shirley N. Weber, as California Secretary of State to respond filed.
2023-10-17
Petition for a writ of certiorari filed. (Response due November 27, 2023)

Attorneys

Jim Boydston, et al.
Cory Jay BriggsBriggs Law Corporation, Petitioner
Shirley N. Weber, as California Secretary of State
Megan Anne Schultz RichardsCalifornia Attorney General' s Office, Respondent