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BATES v. JONES

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


April 23, 1997

TOM BATES; EDWARD H. LYMAN; RICHARD STERLING; ARDIS GRAHAM; RICHARD D. LEWIS; LAWRENCE J. BUCHALTER; JONATHAN BROWNING; RACHEL SHERMAN; MARTHA M. ESCUTIA; SYLVIA HERNANDEZ; ANA ROSA PENA; CLAUDIA NAVAR; BARBARA J. FRIEDMAN; SUSAN ZARAKOV; and HARRIET SCULLY, Plaintiffs,
v.
BILL JONES, Secretary of the State of California; BRADLEY J. CLARK; Alameda County Registrar of Voters; and CONNY MCCORMACK, Los Angeles County Registrar of Voters, Defendants. PETER F. SCHABARUM; LEWIS K. UHLER, Intervenors.

The opinion of the court was delivered by: WILKEN

JUDGMENT

 This action came on for trial before the Court, the Honorable Claudia Wilken, United States District Judge, presiding, and the issues having been duly tried and the Court having duly rendered its decision as set forth in the Findings of Fact and Conclusions of Law filed April 23, 1997,

 IT IS HEREBY ORDERED AND ADJUDGED:

 

1. that the lifetime term limits provisions contained in section 2(a) of article IV of the California Constitution violate the United States Constitution;

 

2. that Defendants Clark and McCormack are enjoined from enforcing the lifetime term limits provisions contained in section 2(a) of article IV of the California Constitution against Plaintiffs and to accept the declarations of intention to be a candidate and the nomination papers when tendered by Plaintiffs Bates, Friedman, or Escutia; and

 

3. that Defendant Jones is enjoined from enforcing the lifetime term limits provisions contained in section 2(a) of article IV of the California Constitution against Plaintiffs, to accept and process the declarations of intention to be a candidate and the nomination documents of Plaintiffs Bates, Friedman, or Escutia, to certify Plaintiff legislators' eligibility to be candidates (if all other requirements are met), and to certify the elections results if Plaintiff legislators win the election.

 Plaintiffs shall recover of Defendants their costs of action.

 Dated: APR 23 1997

 CLAUDIA WILKEN

 United States District Judge

19970423

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