In June 2008, some Ron Paul supporters won seats on the Alameda County, California, Republican Central Committee. Twentyfive days after the election, the County Chair of the Alameda Republican Party filed an election challenge, saying that some of the people elected had not been members of the Republican Party during the three months before filing for the office. The Superior Court had dismissed the lawsuit, saying that the challenge to the election results should have been filed no later than 5 days after the election.

On September 4, the State Court of Appeals said that the challenge had been timely filed, and sent the case back to the Superior Court to decide the merits of the case. The California Election Code says primary election results must be challenged within 5 days, but for actual elections, the deadline is 30 days. The Appeals Court said the election of County Central members is an “election”, not a “primary”. The case is Cummings v Stanley, A123743. In the Superior Court it is RG-08-400144.