Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
WA - Jordan - 2012-08-28 - SOS Response Memorandum

WA - Jordan - 2012-08-28 - SOS Response Memorandum

Ratings: (0)|Views: 131 |Likes:
Published by Jack Ryan

More info:

Published by: Jack Ryan on Aug 29, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/06/2013

pdf

text

original

 
1
0EXPEDITE
D
No
Hearing Set2 0 Hearing is set: Wed. August 29, 2012The Honorable Wm. Thomas McPhee
3
4
5
6
7
8
STATE OF WASHINGTONTHURSTON COUNTY SUPERIOR COURT
9 LINDA JORDAN,NO. 12-2-01763-5
10
Plaintiff,SECRETARY OF STATE'SRESPONSE MEMORANDUM
11
v.
12
SECRETARY OF STATE SAMREED,
13
14
15
1617
18
1920
21
22
23
24
25
26Defendant.
I. INTRODUCTION
Plaintiff, Linda Jordan, commenced this action under the authority
of
RCW
29A.68.011(1) and (3), and asks this Court to exclude Barack Obama from the 2012general election ballot in the state
of
Washington.
Thi~
case should be dismissed for any
of
three reasons: (1) Ms. Jordan has failed to
join
an indispensible party, specifically thecandidate whose right to appear on the ballot is at stake; (2) this Court lacks subject matterjurisdiction over this matter because this case raises a non-justiciable political question, whichthe United States Constitution textually commits to the Congress
of
the United States; and (3)Ms. Jordan fails to state a claim on which relief can be granted
as
to the Secretary
of
Statebecause state law precludes the Secretary from inquiring into the eligibility
of
candidates for
SECRETARY OF STATE'S RESPONSEMEMORANDUM
ATTORNEY GENERAL OF WASHINGTON1125 Washington Street SEPO Box40100Olympia, WA98504-0100(360) 753-6200
 
1 President and Vice President beyond the face
of
the documents submitted to qualify2 candidates to the ballot.3
4
5
67
8
910
11
12
13
14
15
1617181920
21
2223
24
2526
II. PARTY FILING PLEADING AND STATEMENT OF RELIEF SOUGHT
Defendant, Secretary
of
State
Sam
Reed, respectfully requests that this Court deny the
relief
sought
by
Ms. Jordan. Secretary
Reed
additionally requests that this Court fully resolvethe issues
of
this case
and
enter a final order dismissing this case at the hearing
on
this matter.
RCW
29A.68.011 (directing Court to fully resolve case promptly).
III. STATEMENT OF THE CASE
Washington
law
directs the Secretary
of
State to certify the names
of
candidates forPresident and Vice President who have qualified to the ballot pursuant to state law.
RCW
29A.56.360.
By
statute, the Secretary
must
certify "the names
of
all candidates forpresident and vice president who
...
have been nominated either (1) by a
major
politicalparty, as certified
by
the appropriate authority under party rules,
or
(2)
by
a
minor
party
or
asindependent candidates under chapter 29A.20
RCW."
RCW
29A.56.360. The presidentialticket
of
a major political party need only
be
certified to the Secretary
"by
the appropriateauthority under party rules."
Id.
On
August 24, 2012, the Secretary
of
State provisionally certified to the countyauditors the names
of
the candidates for President and Vice President to appear
on
the 2012general election ballot. Moss Dec., Ex. A. Ms. Jordan seeks the extraordinary
relief
of
entering an order excluding the sitting President
of
the United States, and presumptivenominee
of
one
of
the two major national political parties, from the general election ballot
in
Washington.
SECRETARY OF STATE'S RESPONSE
l'viEMORANDUM
2
ATTORNEY GENERAL OF WASHINGTON1125 Washington Street SE
POBox40100
Olympia, W A 98504-0100(360) 753-6200
 
1
IV. ARGUMENT
2
A.This Case Should
Be
Dismissed For Failure To Join An lndispensible Party
3
4
5
6
7
8
9
10
11
1213
14
15
16
171819
20
21
22
23
24
25
26A candidate running for elective office exercises a constitutional right. "Since the rightto participate in the government
is
the common right
of
all, it is the unqualified right
of
anyeligible person within the state
to
aspire to any
of
these offices, and equally the unqualifiedright
of
the people
of
the state to choose from among those aspiring the persons who shall holdsuch offices."
Dumas
v.
Gagner,
137
Wn.2d 268, 285,
971
P.2d
17
(1999). At the heart
of
Ms. Jordan's claim lies the constitutional right
of
Barack Obama
to
seek public office, butMs. Jordan has not joined
him-
or any group or person representing his
interest-
as
a party
to
this case. This Court cannot reasonably adjudicate a candidate's qualifications for publicoffice without obtaining jurisdiction over the candidate.Civil Rule
19
provides in pertinent part:A person who
is
subject to service
of
process and whose joinder will not deprivethe court
of
jurisdiction over the ·subject matter
of
the action shall be joined
as
aparty in the action
if
(1)
in his absence complete relief cannot beaccorded among those already parties, or (2) he claims an interest relating to thesubject
of
the action and
is
so
situated that the disposition
of
the action in hisabsence may (A) as a practical matter impair or impede his ability
to
protect thatinterest or (B) leave any
of
the persons already parties subject
to
a substantialrisk
of
incurring double, multiple, or otherwise inconsistent obligations byreason
of
his claimed interest.
If
he has not been
so
joined, the court
·shall
orderthat he be made a party.The civil rules set forth a two-step analysis for determining whether a party
is
necessary
to
an action. "First, we determine whether a party
is
needed for a just adjudication."
Burt
v.
State,
168
Wn.2d 828, 833,
231
P.3d
191
(2010). A pmiy
is
necessary
if
that party has aninterest related to the subject matter
of
the action and that party
is
"so situated that thedisposition
of
the action in his absence
may
. . .
impair or impede his ability to protect thatinterest."
Id.
(quoting CR 19(a)(2)(A); emphasis by the court). In this case, Mr. Obama
SECRETARY OF STATE'S RESPONSEMEMORANDUM3
ATTORNEY GENERAL OF WASHINGTON1125 Washington Street SEPO
Box40100
Olympia,
WA
98504-0100(360) 753-6200

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->