To quote pleadings: "The present litigation presents three main issues of statutory and consitutional import bearing on the nomination process for independent candidates in the State of California." Petitioners Kendra C. Alexander and Albert J. Lima on behalf of Gus Hall (former leader of the Communist Party USA) and Angela Davis (a black radical activist), candidates for President of the United States, and Vice President, respectively, brought a lawsuit against California Secretary of State and Chief Elections Officer, March Fong Eu, in order to have Hall and Davis's names placed on the ballot for the November 4, 1980 election. The case is a time sensitive one, and the ACLU requested an "urgency allocation," in order to have the names placed on the ballot in time for the election. They alleged voter suppression, and point to obstructionist techniques like a late notification (a little over one week before ballot printing) that Hall's and Davis's names would not be placed on the ballot.

The assert that the petitioners had well over the required number of signatures needed to place these names on the ballot, and that all of the nomination paperwork had been filed. They note that Registrars and County Clerks of several counties reported disqualifying signatures, which place the number of qualifying signatures below the number needed. They call this action "erroneous and arbitrary" and note that, due to the timing, the voters have "no other remedy available" and challenged Election Code requirements regarding the mailing and printing of ballots.

Though the outcome of the case isn't available in the papers provided, it would seem that the ACLU lost the case, as Hall appeared on the ballot as a write-in candidate.