dummett v bowen petition mar20_12

8/2/2019 Dummett v Bowen Petition Mar20_12

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DEPARTMEMT.

UNITED STATES JUSTICE FOUNDATION

GARY G. KREEP (CA SBN 066482)

N A T H A N IE L J. OLESON (SBN 11276695)

932 "D " Street, Suite 2

Ramona, California 92065

Tel: (760) 787-9907

Fax: (760) 788-6414

Attorneys for Petitioners,

.lohn Albert Diimniett, .Ir., Gll Houston,

Larry Lakamp, Milo L. Johnson,

Joe Ott, Markham Robinson,

and the Constitution Party

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SACRAMENTO

JOHN ALBERT D U M M E T T , JR.; MAR.KHAM ) Civil Action No.:

ROBINSON, Chairman ofthe Executive )

Committee ofthe Stale Central Committee of the

American Independent Parly ofCalifornia; THE

CONSTITUTION PARTY; GIL HOUSTON;

LARRY L A K A M P ; MIL O L. JOHNSON; and

JOE OTT;

Petitioners

FfLElQJCoort C)f C a H f o rn

CALIFORNIA SECRETARY OP STATE

DEBRA BOWEN, in her official capacily;)

Respondents.)

)

P E T I T I O N F O R W R I T O F IVIANDATE

C O M P E L L I N G R E S P O N D E N T S TO

R E Q U I R E P R O O F O F E L I G I B I L I T Y P R I O R

T O A P P R O V I N G P R E S I D E N T I A L

C A N D I D A T E N A M E S F O R B A L L O T

P L A C E M E N T , AND T O D E C L A R E

U N C O N S T I T U T I O N A L C A L I F O U N I A

E L E C T I O N C O D E S E C T I O N 6901

DATE:T IME :

DEPT:

P R E L I M I N A R Y S T A T E M E N T

1. This action challenges the laiiure of Respondent Debra Bowen, Calilbrnia Secretary of Slate

(hereinafter referred to as "BOWEN"), to verify thai all candidates for the office of President of the

United States seeking lo be placed on the California Presidential primary ballot are eligible for that office

under the U.S. Constitution, Article 11, Section 1, Clause 5.

I N T R O D U C T I O N

2. This Complaint is brought by Petitioners: John Albert Dummett, Jr. (hereinafter referred

PETITION FOR WRIT OF iVlANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OF

ELIGIBILITY PRIOR TOAPPROVING PRESIDENTIAL CA N D ID A TE NAMES FOR B A L L O T PLACEMEN'!

AN D TO DECLARE UNCONSTITUTIONAL CA EC § 6901



to as " D U M M E T T " ) , a write-in Presidential candidate in the 2012 California Republican Presidential

primary; Markham Robinson, Chairman ofihe E.xecutive Committee ofihe Slale Central Commiliee

ofthe American Independent Party ofCalifornia (hereinafter referred lo as "ROBINSON"); the

4 Constitution Parly (hereinafter referred to as "CONSTITUTION PARTY") , a national political party;

5 Gil Houston (hereinafier referred to as "HOUSTON"), a regisiered Califomia voter; Larry Lakamp

6 (hereinafter referred to as " L A K A M P " ) , a regisiered Califomia voter; Milo L. Johnson (hereinafter

7 referred to as "JOHNSON"), a registered California voter; and Joe Otl (hereinafter referred to as

8 "OTT") , a regisiered California voter (collectively referred to as "PETITIONERS"). PETITIONERS

9 seek a determination by this Court as to vvhether BOWEN has verified thai all candidates for the 2012

10 California Presidential primary election have provided proof that they possess the minimum

11 qualifications for the Officeof President of the United Slates, and, i f not, PETITIONERS hereby ask

12 the Court to enjoin BOWEN from placing the names of such unverifiedcandidates on the California

13 Presidential primary election ballot, unless and until such time as BOWEN can show that each of said

14 candidates have so verified their eligibility for the office.

3. An unprecedented and looming constitutional crisis is before this court if BOWEN does

16 nol require that Presidential candidates provide proof lhat ihey meet the Article 2 requirements for the

17 officeof President prior to candidate names being placed on the ballot, since the voters can, and will,

18 reasonably rely on the assumption that all names on the ballot have been verified as eligible for the

19 office, and that the only remaining task for the voters is to select a candidate lo vote for.

20 P A R T I E S

21 4. Pelitioner D U M M E T T , a citizen ofthe State of California, is running for President ofthe

22 Uniied Slates in the 2012 California Republican primary election (Federal Election Commission

23 registration U P20002499). As a Presidential candidate, D U M M E T T has an interest in having a fair

24 competition for winning the Presidency. This inierest is akin to the interest of an Olympic

25 competition, where one of ihe competitors in an athletic competition is found to be using performance

PETITION FOR WRIT OF MANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OF

ELIGIBILITY PRIOR TO APPROVING PRESIDENTIAL CANDIDATE NAMES FOR BALLOT PLACEMENT

AND TO DECLARE UNCONSTITUTIONAL CA EC Jj 6901



enhancing drugs, but is nol removed f rom the competition, despite a violation ofthe rules, and all of

the athletes vvho had trained for the event legitimately are harmed i f that disquali fied contestant

3 remains, as the contestants would not be competing on a level playing field. If BOWEN is not

4 required to verify the eligibility of all candidates who apply to be named on the California

5 Presidential primary ballot under U.S. Constitution Article 11, Section 1, Clause 5, and candidates

6 enter this race vvithout having met said eligibility requirements, then D U M M E T T will be compelled

7 to campaign against unqualified candidates on the California Republican Presidential primary ballot,

8 and on the California Presidential general election ballot, and he vvill suffer irreparable harm due to

9 his being denied a fair competition for the Presidential nomination, and in the Presidential general

10 election.

1 5. Petitioner ROBINSON is the Chairman ofthe Executive Committee of the State Central

Committee of the American Independent Parly of California (hereinafter referred as to "AIP") , he is a

13 citizen ofthe State ofCalifornia, and he resides in Solano County. As a resull of his position vvith the

14 AIP, ROBINSON has an interest in ensuring lhal ilscandidates for President only have lo compete

15 againsl candidates vvho are eligible, under the United Stales Constitution, to run for, and serve as,

16 President ofthe Uniied Slates. Hollander v. McCain, 566 P.Supp.2d 63 (D.N.H . 2008).

17 6. Pelilioner CONSTITUTION PARTY is an PEC recognized national political parly, and il

18 has candidates seeking election al all levels of slate and national elections. The Constitution Party, as

19 a political parly, has an interest in ensuring thai its candidates forPresident only have tocompete

20 against candidates vvho are eligible, under the United Slates Constitution, to run for, and serve as,

21 PresidenI ofthe Uniied Slales. Hollander v. McCain, 566 F.Supp.2d 63 (D.N.H . 2008).

22 7. Petitioner HOUSTON is a resident of Bulle Counly, California, and is registered as no

23 party preference. HOUSTON, as a California elector, has an interest in all Presidential candidates

24 being verified as having the minimum requirements of eligibility prior to the placement of the

25 candidate's name on the primary ballot. HOUSTON, under Senate Bill 28 (Chapter 898, Statutes

PETITION FOR WRIT OF MANDATE COMPELLING RESPONDENTS 10 REQUIRE PROOF OFELIGIBILITY PRIOR TO APPROVING PRESIDEN TIAL CANDIDATE NAMES FOR BALLOT PLACEMENT

AND TO DECLARE UNCONSTITUTIONAL CA EC i; 6901



1 2000) has the oplion to vole forany Republican, Democrat, or American Independent Presidential

2 primary candidate, and, for that reason, he has an interest in all candidates meeting the minimum

3 requiremenis for eligibil i ty.

4 8. Petitioner L A K A M P is a resident of Riverside County, California, and is registered as a

5 Republican. L A K A M P , as a California elector, has an interest in all Presidential candidates being

6 veri fied as having the minimum requirements of eligibility prior to the placement of the candidate's

7 name on the primary ballot.

8 9. Petitioner JOHNSON is a resident of Sacramenlo Counly, California, and is registered as

9 a Republican. JOHNSON, as a Califomia elector, has an interesl in all Presidential candidates being

10 verified as having the minimum requirements of eligibility prior lo the placement ofthe candidate's

11 name on the primary ballot.

12 10. Pelitioner OTT is a resident of Santa Clara County, Cali fornia, and is regisiered as a

13 Republican. OTT, as a California elector, has an interesl in all Presidential candidates being verified

14 as having the minimum requirements of eligibility prior lo the placement of the candidate's name on

15 the primary ballot.

16 11. Respondent BOWEN is the California Secretary of State, and, by virtue of her position, is

17 the Chief Elections Officer for the Stale ofCalifornia, and she is responsible for enforcing California

18 election law, including verifying eligibility for office, and printing ofthe ballots for the 2012 primary

19 election.

20 V E N U E

21 12. Venue for this wri l is proper in the Sacramento County Superior Courl under California

22 Elections Code § 13314(b), because the Secretary of Slale is named as a Respondent.

23 T H I S C O U R T H A S J U R I S D I C T I O N O V E R T H I S A C T I O N B Y C O N S T I T U T I O N A L AND

24 S T A T U O R Y L A W

25 13. California Constiiuiion, Article 6, § 10, authorizes the California Superior Courts to hear

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PETITION FOR WRIT OF MANDATE COMPELLING RESPONDENTS TO fUEQUlRE PROOF OF

ELIGIBILITY PRIOR TO APPROVING PRESIDEN TIAL CANDIDATE NAMES FOR BALLO'T PLACEMENT

AN D TO DECLARE UNCONS'TTTUTIONAL CA EC § 6901



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writs of mandate.

14. A writ of mandate may be issued by any courl lo any inferior tribunal, corporaiion, board,

or person, lo compel the performance ofan act vvhich the lavv specially enjoins, as a duty resulting from

an office, trust, or station, or lo compel the admission ofa parly to the use and enjoyment ofa right or

office lo which the party is entitled, and from which the parly is unlawfully precluded by such inferior

tribunal, corporation, board, or person (California Code of Civil Procedure § 1085).

15. Although courts often deny relief for a wril of mandamus, a vvrit of mandate should not be

denied vvhen the issues presented are of great public importance and must be resolved promptly. Corheli

V. Superior Cowl (App. I Dist. 2002) 125 Cal.Rptr.2d 46. 101 Cal.App.4th 649, review denied.

16. A courl is nol bound by precedent in determining facts and circumstances compelling

issuance of writ of mandamus, and a writ will issue againsl a city or other public body or officer wherever

law and justice require. Bank.s v. Housing Aulhorily o f Cily and Counly o f San Fianci.sco (App. 1 Dist.

1953) l20Cal.App.2d 1, 260 P.2d 668, certiorari denied 74 S.CL 784, 347 U.S. 974, 98 L.Ed. 1114.

17. California State lavv provides lhal any voter in California may seek a writ of mandate for

errors in placing ofa name on the ballot: "An elector may seek a wri l of mandate alleging that an error or

omission has occurred, or is about to occur, in the placing of a name on, or in the printing of, a ballot,

sample ballot, voter pamphlet, or olher oi ficial matter, or that any neglect of duty has occurred, or is about

to occur." California Elections Code § 133 14(a)(1).

18. Further, the U. S. District Court in Hollander v. McCain held, "a candidate or his politica

parly has standing to challenge the inclusion ofan allegedly ineligible rival on the ballot, on the theory

that doing so hurts the candidate's or parly's own chances of prevailing in the election." Hollander v.

McCain, 566 F.Supp.2d 63 (D.N.H . 2008). Here, D U M M E T T is a candidate for President and a

California voter, who is concerned that one or more unverified candidates for President ofthe United

Slates vvill be included on the California primary ballot, and the Conslilulion Party has a legitimate

interest in ensuring that its candidates for Piesident are running only againsl Presidential candidates vvho

PETITION FOR WRl'T OF MANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OF

ELIGIBILITY PRIOR TO APPROVING PRESIDENTIAL CANDIDATE NAMES FOR BALLOT PLACEMENT

AND TO DECLARE UNCONSTTTIJ'TIONAL CA EC § 6901



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are eligible to run for and serve as President.

L E G A L B A S I S

ii. Thc Secretary OfStatc Has Failed To Comniy Witli Her Duty To Enforce Calirorii ia Election

L aw

19. The specifications of eligibility for the officeof President ofihe Uniied States are listed

in Article I I , § 1, of the United States Constitution, vvhich provides as follows:

"No person excepl a natural born Citizen, or a Citizen of the United Stales, al the time ofthe

Adoption ofthis Constitution, shall be eligible lo the Officeof President; neither shall any Person be

eligible to lhat Olfice who shall nol have allained to the Age of thirty-five Years, and been fourteen

Years a Resideni vvithin the United Slales."

20. These three requirements for holding the officeof President, while clearly slated in the

U.S. Constitution, are not required by the California Secretary of Stale lo be proven by candidates

seeking lo be named on the Presidential primary ballot. Por this reason, PETITIONERS, upon

information and belief, have reason to believe that BOWEN has not required candidates to prove their

eligibility for the officeand, as a result, have formally placed on the ballot, and vvill place on fulure

ballots, names of candidates who are ineligible lo hold the officeof President, and should have been

ineligible to run for said office.

2 1. PETITIONERS seek a determination as lo whether BOWEN has required candidates to

so prove their eligibil i ty, and, i f no t , to mandate lhal BOWEN require sufficieni proof of eligibility

before approving said candidates' names for the ballot.

22. There is a reasonable and common expectation by the voters lhat, lo qualify for the ballot,

the individuals running for office musl meel minimum qualifications, as outlined in the federal and

state Constitutions and statutes, and that compliance vvith those minimum qualifications has been

confirmed by the officialsoverseeing the election process. Insome slales, a signed stateinent from the

Presidential candidate, allesling to his or her meeting those qualifications, is required. The California

6

PETITION FOR WRTT OF MANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OF

ELIGIBILITY PRIOR TO APPfiOVlNG PRESIDENTIAL CANDIDA TE NAMES FOR BALLOT PLACEMENT

AND TO DECLARE UNCONSTTTUTIONAL CA ECS 6901



1 Secretary of State, requires no such verification. In 2008, the Democratic National Committee

2 submitted an Official Certification of Nomination to the Hawaiian Secretary of Slate signed by Nancy

3 Pelosi and Alice Travis Germond, the Chair and Secretary ofthe Democratic National Committee, lo

4 certify lhat Barack Hussein Obama, Jr. (hereinafter referred to as " O B A M A " ) , vvas legally qualified

under the U.S. Constitution to run for and serve as PresidenI (attached as "E X H IB IT A ") . No similar

6 documentation is required or requested by BOWEN. Even Ihough the certification vvas not

7 accompanied by any documentation proving eligibility under Article I , Section 2, of the United Stales

8 Constitution, and despite the fact that i l was submitted wilhoul a signature from O B A M A , this shows

9 lhal Hawaii al least requires some affirmative informalion f rom a Presidential candidate. This practice

10 represents a much lower standard lhan lhat demanded o fa person when requesting a California

driver's license. PETITIONERS seek a judicial determination as lo whether BOWEN musl require

'2 proof of e l ig ib i l i ty f r om the candidates prior to approving their naines for printing on the

13 California Presidential primary ballot.

14 23. In a related case, Drake v. Obama (9"' Circuit Court of Appeals No. 09-56827

15 (2010)), argued before the 9"' Circuit on May 2, 2011, one of the Justices stated that this

16 question, of vvhether O B A M A is eligible to run for, and serve as. President was very

'7 important, and that the proper time to bring suit on this question would be prior to a

• 8 Presidential election. 24. PETITIONERS' concern about ineligible candidates gaining

'9 approval for placement on primary ballots is not l imited to California, as questions concerning

20 the eligibility of O B A M A and Mitt Romney are currently being litigated in other slates.

21 b. Election Code Section 6901 Ls An Attempt to Avoid Compliance

22 Wi t h Article 11, Section 1 o f t l i e U. S. Constitution, Continued Adherence Wi t h Which Wil l

Likely Lead to Absurd Results, and, as a Result, the Law Should Bc Declared Unconstitutional

24 25. BOWEN may attempt to explain her failure to comply wilh her duty to verify the

25 eligibility of Presidential candidates on the grounds that California Elections Code § 6901 supersedes

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PETTTION FOR WRIT OF M A N D A T E COMPELLING RESPONDENTS TO REQUIRE PROOF OF

ELIGIBILITY PRIOR TO APPROVING PRESIDENTIAL CA N D ID A TE NAMES FOR B A L L O T PLACEMENT

A N D 'TO DECLARE UNCONSTI TUTIONAL CA EC § 6901



BOWEN'S duty, as to candidates selected by national political parties for the officeof President and

Vice President. This argument should fail for the fol lowing reasons:

3 26. California Elections Code § 6901 is wholly inconsistent vvith Article I I ofihe United

4 States Constitution, because this election code section places a mandatory duty on the Secretary of

Stale that could end up with absurd and ridiculous results.

6 27. For example, i f the Republican Party were to nominate Arnold Schwarzenegger, under

7 Seclion 6901, the California Secretary of Stale would be forced to put him on the ballot for the

8 general election, despiie the facl lhal Arnold Schwarzenegger is well known as not being a natural

9 born citizen of the United States.

10 28. Anoiher example would be i f the Libertarian Party were to nominate Ayn Rand, as, then,

11 the California Secretary of Slale vvould be forced lo put her on the ballot for the general election, even

12 though Ms. Rand died in 1982.

29. Or, for even more ridiculous resulls, i f the Democratic Parly vvere to nominate Gordon

14 Brovvn, the current Prime Minister of Great Britain, then the Calilbrnia Secretary of Stale vvould be

15 forced to put him on the ballot for the general election, despiie the fact lhal he is a citizen of Great

16 Britain.

17 30. Such nominations are absurd, as these individuals clearly do not meet the eligibility

18 requirements under the United States Constitution, and, therefore, ought to be excluded from the

19 ballot, bul the Secretary of State, under California Elections Code § 6901, would have no discretion to

20 exclude these obviously ineligible candidates from the ballot.

21 31. The California Secretary of State website (http://wwvv.sos.ca.gov/admin/about-lhe-

aaency.hlm) lists the duties of that office, including the duly ofthe chief elections officer for

23 California, to ensure that California election laws are followed (California Government Code §

24 12172), the duly to investigate election fraud (California Governmeni Code § 12172), and the duty to

25 advise candidates and local elections officials on the qualifications and requiremenis for running for

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PETTTION FOR WRTT OF MANDA'TE COMPELLING RESPONDEN TS 'TO REQUIRE PROOF OFELIGIBILITY PRIOR TO APPROVING PRESIDENTIAL CANDIDA'TE NAMES FOR BALLOT PLACEMENT

AND 'TO DECLARE UNCONSTTTU TIONAL CA EC {) 6901



office(Califomia Government Code § 12172).

32. In order to fulf i l l the duty to advise candidates, the Secretary of State provides several

documenis with information concerning the qualifications and requirements for each elecied position

Documents lisiing the qualifications and requiremenis are provided for al l state and Federal offices,

including the offices of Governor and Lieutenant Governor; Secretary of Stale, Controller, and

6 Treasurer; Attorney General; Insurance Commissioner; Member ofthe Stale Board of Equalization;

7 Slate Senator and Member of the Assembly; Uniied Slates Senator; Uniied Slates Representative in

8 Congress; and President of the United Slates.

9 33. The Secretary of State is required to verify that every candidate for these positions is

10 eligible for the sought position, with one exception: those candidates that have been selected for the

office of PresidenI of the Uniied Slates by a national political party are not required to preseni to the

12 California Secretary of Slate any documeniaiion proving their eligibility for the officeof President.

34. Ineffeci. Elections Code § 6901 forces the Secretary of Slate to disregard the duties of

14 her officeas chief elections official in the Stale ofCalifornia wilh regard lo the mosl important

15 elected office in the Uniied Slales. Political parlies are nol, and should not be, responsible for

16 ensuring that Elections Laws are complied with, as the primary goal of the various parties is to

17 promote and elect their candidates.

18 35. For this reason, there are no Federal or Slate requirements compelling political parties to

19 provide proof that their respective candidates are eligible for the offices sought. Contrary to the

20 interests of the political parties, the duly of the Calil-ornia Secretary of State is to verify lhat all

candidates are eligible for the offices sought.

36. This duty should properly extend lo all candidates listed on the ballot, and nol exempt a

23 candidate simply because a national political party selects a particular candidate for President, and,

24 for the Court to find otherwise would be to substitute the choice of unelected political party officials

25 for the duly that the Secretary of Stale owes to the citizens of the State ofCalifornia, to ensure that the

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PETTTION FOR WRIT OF MANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OFELIGIBILITY PRIOR TO APPROVING PRESIDENTIAL CANDIDATE NAMES FOR BALLOT PLACEMENT

.AND TO DECLARE UNCONSTTTUTIONAL CA ECS 6901



state's election laws are fully complied with.

37. Finally, the language of California Elections Code § 6901, compelling the Secretary of

State to place any candidate nominated by a political party on the ballot, wiihout verifying that the

4 candidate is eligible for the office, is in direct conflict vvith the requirements for Presidential

5 eligibility in Article II of the United States Conslitution.

6 38. This is no trivial matter, as the California Constitution provides; "The State of California

7 is an inseparable pari ofthe Uniied Slales of America, and the Uniied Slates Constitution is the

8 supreme law ofthe land." (California Conslilulion, Article 111, § 1).

9 39. Since the United States Constitution is the supreme law ofthe land, under both the United

10 Stales and the California Constitutions (U.S. Constitution, Article V I, Clause 2; California

11 Constitution, Article 111, § I) , any slalule which conflicts with the United Stales Constitution is an

unconstitutional variance, and is, therefore, void and unenforceable.

13 40. California Secretaries of State have historically exercised their due diligence by

14 reviewing necessary background documents, verifying that the candidates lhat were submitted by the

respective political parties as eligible forihe ballot were, indeed, eligible. In 1968, the Peace and

16 Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for President of the

17 United Slales. The then Secretary of Slate, Mr. Frank Jordan, found that, according to Mr. Cleaver's

18 birth certificate, he vvould be only 34 years old at the time of the general election, one year shy of the

19 35 years of age needed to be on the ballot as a candidate for President. Using his administrative

20 poweis, Mr. Jordan removed Mr. Cleaver f rom the ballot. Mr. Cleaver, unsuccessfully, challenged

21 this decision lo the Supreme Courl ofihe Stale ofCalifornia, and, laier, to the Supreme Court ofthe

22 United States, which affirmed the actions of the California Secretary of Slale by denying review of

23 Cleaver's removal from the ballot. Cleaver v. .Jordan (\96S) 392 U.S. 810, 89 S.Ct. 43. Similarly, in

24 1984, the Peace and Freedom Party listed Mr. Larry Holmes as an eligible candidate in the

Presidential primary. When the then California Secretary of State, Daniel M. Burns, checked Mr.

10

PETITION FOR WRIT OF MANDATE COMPELLING RESPONDENTS 'TO REQUIRE PROOF OF

ELIGIBILITY PRIOR 'TO APPROVING PRESIDENTIAL CANDIDATE NAMES FOR BALLOT PLACEMENT

AND TO DECLARE UNCONSTTTUTIONAL CA EC i; 6901



Holmes' el igi bi l i t y, i t vvas found that M r. Holmes was, sim ilarly, nol el igib le, and Mr. Holmes vvas

removed from the bal lot.

4 1 . The removal o f inel igible candidates is not a rel ic of historical actions by C ali fornia

Secretaries of Slale, as BOWEN too exercises this power to remove ineligible candidates from the

ballot. Jusl this year, one Peta Lindsay was selected by the Peace and Freedom Party to be their

6 Presidential candidate on the 201 2 Cali forn ia primary bal lot. B O W E N, however, rejected Ms .

7 Lind say, and refused to place her name on the ballot, because she is 27 years ol d, whe n the U.S.

8 Co ns lilul ion , Ar tic le 2, § 1, requires that candidates for President lo be at least 35 years of age. There

9 now exists a sim ilar situation lo that in wh ich Ca lifor nia Secretaries of State have remove d

10 Presidential candidates from the ballot in the past, namely lha l the Dem ocra tic Parly has subin itted

Barack Hussein Obama, Jr., as a Democratic Party candidate for President, when he is arguably

12 inel igible for the off ic e. Further, a similar si tuation may exisl concerning the Republican Party

candidacy o f Mi tt Rom ney. Since B O W E N has demonstrated by her aclions that she can and does

14 remove ine ligib le presiden tial candidates from the ballo t, she should be required to make such

15 veri f icafion of el ig ibi l i t y for al l presidential candidates, and not just ver i fy the el ig ibi l i ty of candidates

16 from third parlies.

17 4 2. As discussed above, BO W EN is required by Ca li fom ia statute to oversee Cali for nia

18 elections, and to enforce Cali for nia election law. This requirement cannoi be satisf ied by attempting

19 to Iransfer the duty to enforce election law to any other entity , such as to po litica l parties, or even to

20 the Ca liforn ia electorate.

21 4 3. Pet it ioners HO US TO N, LA K A M P , JOH NS ON , and OT T, as Cal i forn ia e lectors, neither

22 have the res pon sibili ly , nor are they in a positio n to be able, to require Presidential candidates to

23 provide suff icien t pro of that said candidates are eligib le for the off ice . The only respon sibility for a

24 Ca liforn ia elector is to vote for the candidate lha l the elector believes to be best able lo gove rn the

25 coun try, and ihey all have a reasonable belie f thai any presiden tial candidate approve d by BO W E N

11

PETITION FOR WRTT OF MANDATE COMPELLING RESPONDEN'TS TO REQUIRE PROOF OFELIGIBILTTY PRIOR'TO APPROVING PRESIDENTIAL CANDIDATE NAMES FOR BALLOT PLACEMEN'T

AND TO DECLARE UNCONS'TTTUTIONAL CA EC S 6901



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for name placement on the primary ballot has been properly verified by BOWEN, as possessing the

mininium requirements of eligibility for the office. If BOWEN is not required to verify the eligibility

of Presidential candidates, then that responsibility will improperly be transferred to the electorate,

vvhich cannot, despite the possibility ofa majority vote for a particular candidate, overcome the

Article 11, Section 1, requirements by vofing.

44. For these reasons, California Elections Code § 6901 should be held to be unconstitutional

and the Secretary of Slale should be required to verify the el igibi li ty of al l candidates for the offices

lhal they seek, without any exception.

WHEREFORE, PETITIONERS respectfully pray that this Court:

1. Determine whelher BOWEN has required all candidates for President ofthe Uniied

Slales to provide proof lhal they are, in fact, eligible lo serve in the officeof President of the United

States underthe United Slates Constitution, Article 11, Section 1;

2. EnjoinBOWEN f rom placing the names of candidates who have failed to so prove their

eligibility on the 2012 California Presidential primary election ballot;

3. Mandate lhat BOWEN require all candidates for the officeof President of the Uniied

States provide sufficientproof of eligibility prior to approving their names for the ballot

4. Find California Elections Code § 6901 to be unconslilulional and unenforceable,;

5. For attorney's fees under CCP § 1021.5, and;

6. Granl PETITIONERS such olher and further reliefas the Court deems just and proper.

Dated: February 23, 2012.

Respectfully Submitted,

GARY G. KREEP

N A T H A N IE L J. OLESON

UNITED STATES JUSTICE FOUNDATION

12

PETTTION FOR WRTT OF MANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OFELIGIBILTTY PRIOR 'TO APPROVING PRESIDENTIAL CANDIDA'TE NAMES FOR BALLOT PLACEMENT

AN D 'TO DECLARE UNCONSTTTUTIONAL CA EC 6901



1 Attorneys f o r P E T I T I O N E R S , John A lber t

Dumm el t , Jr ., Gi l Houston, Larry Lakam p,

2 M i lo L. Johnson, Joe On , Markh am Robinson

and the Consti tut ion Party.

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PE'TTTION FOR WR IT OF MA ND AT E COM PELL ING RESPONDENTS TO REQUIRE PROOF OF

. IGIBILITY PRIOR 'TO APPROV ING PRESIDL^^NTIAL CA ND IDAT E NAM ES FOR B AL LO T PLA CEM ENT

AND TO DECLAR E UNCONS TTTUTIONAL CA EC § 6901



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VERIFICATION

I , JAMES CLYMER, am Chairman ofthe Constitution Party, a party in this matter. I declare that I

have read the foregoing PETITION FOR WRIT OF MANDATE and know the contents thereof, and 1

certify that the said contents ai'e tnie of my own knowledge, except for those matters stated on my

information and belief, and as to those matters I believe them to be true.

I declare under penalty of perjuryunder the laws of the State of California that the foregoing is true

and correct. Executed tills 19"' day of March, 2012, at/^l l^^^sTtr Pennsylvania.

VERIFICATION



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V E R I F I C A T I O N

1, M A R K H A M ROBINSON, am a party in this mailer. 1 declare that I have read the foregoing

PETITION FOR WRIT OF IVIANDATE and know the contents thereof, and I certify lhat the said

contents are true ofmy own knowledge, except for those matlers staled on my inlbrmation and belief, and

as to those matters I believe them to be true.

1 declare under penalty ofperjury under the laws ofthe State ofCalifornia that the foregoing is true

and correct. Executed this 19"' day of March. 2012, a t ' ' ^ ' ^ - ^ ' , California.

MARKHAM ROBINSON

V L R I F I C A T I O N



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V E R I F I C A T I O N

L ,)OK OTW am a party in this matter. I declare that \ have read the foregoingPETITION FOR

WRIT OF MA N D A T E and know the contents thereof and I certify that the said contents are true ofmy

own knowledge, except for those matters stated on my informationand beliel", and as to those matters 1

believe them to be true.

I declare under penally ofperjury under the laws of the State ofCalifornia that the foregoing is true

and correct. Execuled this 19 day of March, 2012 at Cali fornia.

VERIFICATION



E X H I B I T A



Dr.\IOCR,VTIC . V A ' H O . V A U C O M M U - I Ull

m - n C M L CF.RTlFIC,\TIO?y OFN OM INAtlON

THIS IS r o CERTIPV iho! ct llic Natipna! Coiivcniion oflhc Ucmocrallc Pnriy(>f Ilia Unilcd Slfitcj of Amcilcii.hcid in Denver, Coloiudo on Ausuit 25 lhoi:gh 28,2008, the followiiig were duly noniiniiicd 83 candidates of 5flid Party for Prcsfdent andViccPi'csldoiit orthe United States rerpeci!v*Iy und (bat iho followinfi ckndldutes fo rPresident and VIcoPrciidentof the United $tu(o.ia;c k-golly qunMficd to scr\'c uiKlcr theprovision."? of lhc Unilcd Slates Constitution:

For PresUlenl of fhe l/nUcd Stfltco

Barkck Ohflnin5046 Souih Oteeiiwood Avenue

Chicago, lllinoU 60615

l?Or Vice I'realdeut of llic United Stales

Joe DlJcji1209 Barley Mill Road

Wilminglon, Dtlavviirc 19807

^c\ Pcloj] " ^Choir, Ociiiocruiic NuilonalCoiwendon

Cily and Cour.ty of Denver )

tituie ofColorado )

Subsciibcd End swomto before nie in tiia Ciiy und Couniy of Denver, Stote of C-olorado.thLf^li^day of Aiigusi. 2008.

Secretary, .Dc.-nooraitc N&iio/inl •Convcnlion

SHALIFA A. WiiUAWON^Notory Public

Stato of ColoiodoiVr-m';rTaTvanisnariS»i.Ti::'-cn;.--;7

ComjiiLsi'Ion cxpiraiioii dale

D«iaocr«(lcmry}|e«d!i»;«r{cf» d 433S>iiJi Csiflie;iatol. S3 P Di; •JIAOJ • (ai)&S»;ia3 • (202) £(:i<£;7?

SA\ CJ* ».ii(\j!c ttv..w,Ji:i,:<:jto ofA.