SAN FRANCISCO (CBS / AP) — A federal judge has rejected a lawsuit by a Bernie Sanders supporter who argued elections officials in California were robbing unaffiliated voters of the chance to vote in the state’s June 7 Democratic presidential primary.

U.S. District Court Judge William Alsup in San Francisco said Wednesday the Voting Rights Defense Project waited too long to request an injunction for radio and TV ads informing unaffiliated voters that they can vote in the presidential primary of the Democratic, American Independent and Libertarian parties.

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The group had argued that county elections officials were failing to inform unaffiliated voters of that right, threatening to disenfranchise thousands of voters. Its lawsuit named California Secretary of State Alex Padilla and two county elections officials.

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Padilla said the lawsuit was frivolous.

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