Page 1 of 2 Office of the Clerk UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 95 Seventh Street Post Office Box 193939 San Francisco, California 94119-3939 Cathy A. Catterson    Clerk of Court (415) 556-9800 This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. Southwest Voter Registration Education Project v. Shelley, 03-56498 En Banc Opinion Filed: 9/23/03 En Banc Panel: Chief Judge Mary M. Schroeder   Judge Alex Kozinski Judge Diarmuid F. O’Scannlain   Judge Andrew J. Kleinfeld Judge A. Wallace Tashima   Judge Barry G. Silverman    Judge Susan P. Graber   Judge M. Margaret McKeown    Judge Ronald M. Gould   Judge Richard C. Tallman    Judge Johnnie B. Rawlinson  (per curiam)   This matter was reheard by the United States Court of Appeals for the Ninth Circuit, sitting en banc, upon the vote of a majority of the non-recused active judges.   The en banc panel affirmed the district court’s denial of a preliminary injunction in plaintiffs’ action alleging that the use of obsolete punch-card voting systems in the October 7, 2003, California special election in some counties (Los Angeles, Mendocino, Sacramento, San Diego, Santa Clara and Solano counties) rather than others violates the Equal Protection Clause of the United States Constitution and Section 2 of the Voting Rights Act, 42 U.S.C. § 1973.   At the special election, California voters will be asked to vote on the recall of the California governor and two state propositions:  Proposition 53, a proposed amendment to the California Constitution that would dedicate part of the state budget each year to state and local infrastructures, such as water, highway, and park projects; and Proposition 54, another proposed amendment to the California Constitution that would prevent the state from collecting or retaining racial and ethnic data about health care, hate crimes, racial profiling, public education, and public safety.  The en banc panel held that the district court did not abuse its discretion in denying the preliminary injunction.