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

Paid petition · Court of Appeal of California, Fourth Appellate District, Division One, No. D080921 · judgment April 14, 2023


Certiorari denied · December 11, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  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?

Counsel of record

For petitioner
Cory Jay Briggs
Briggs Law Corporation

For respondent
Megan Anne Schultz Richards
California Attorney General' s Office

Case

Conference history
Distributed for 2 conferences

Proceedings

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