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Dummett Opposition Oct12_12

Dummett Opposition Oct12_12

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Published by: AnitaMariaS on Oct 14, 2012
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UNITED
STATES JUSTJCE
FOUNDATION
NATHANIEL
J:
OLESON (SBN
#276695)
GARY
G.
K.REEP
(SBN
066482)932
"D"
Street,
Suite 3Ramona,
California
92065
Tel:
(760) 788-6624Fax: (760)788-6414Attomeys
for
Petitioners,John Albert Dummett, Jr.,
Gil
Houston,
Larry
Lakamp,
Milo
L.
Johnson,
Joe
Gtt,
Markham Robinson,and the Constitution Party
19
I ..
SUPERIOR COURT OF
CALIFORNIA
COUNTY
OF
SACRAMENTOJOHN
ALBERT
DUMMETT,
JR.;
MARKHAM
ROBINSON,
Chairman
of
the ExecutiveCommittee
of
the
State
Central Committee
of
theAmerican Independent Party
of
California; THECONSTITUTION PARTY;
GIL
HOUSTON;
LARRY
LAKAMP;
MILO
L.
JOHNSON; andJOE
OTT;
Petitioners,
V.
CALIFORNIA
SECRETARYOF
STATEDEBRA
BOWEN,
in her
official
capacity;
Respondent,
Civil
Action
No.:
34-2012-80Q>i091
PETITIONERS'
OPPOSITION
TODEMURRER
Date: October26, 2012 RY FAX'
Time:
9:00 a.m. * '^^^Dept.: 31
Judge:
Hon.
Michael P. Kenny
Action
Filed;
March 20, 2012Petitioners John
Albert
Dummett, Jr., Markham Robinson, The Constitution Party,
Gil
Houston,
Larry
Lakamp,
Milo
L.
Johnson,
and Joe Ott (hereinafter
collectively
referred to as
"PETITIONERS"),offer
the
following
Opposition to the Demurrer
of
Respondent
California
Secretary
of
State
Debra Bowen(hereinafter referred to as
"BOWEN").
PETITIONER'S OPPOSITION
TO DEMURRER
 
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I.
ENfTRGDUCTIGNOn
March 20,2012, PETITIONERS
filed
the instant action
against
BOWEN.
John AlbertDummett, Jr. (hereinafter referred to as
"DUMME1T")
was a
write-in
Presidential
candidate
in
the 2012
California
Republican Presidential primary, and is
a
write-in
Presidential
candidate
for
the 2012
Califomia
General Election. Markham Robinson is Chairman
of
the
Executive Committee of
the
State
Central Committee
of
the
American Independent Party
of
California
(hereinafter referred to as
"ROBINSON").
The Constitution Party (hereinafter referred to as
"CONSTITUTION
PARTY")
is anational
political
party, and has nominated
Virgil
Goode as its Presidential candidate.
Gil
Houston(hereinafter referred to as
"HOUSTON")
is a registered
California
voter.
Larry
Lakamp (hereinafterreferred to as
"LAKAMP")
is a registered
Califomia
voter.
Milo
L.
Johnson
(hereinafter referred to as"JOHNSON") isa registered
Califomia
voter. Joe Ott (hereinafter referred to as
"OTT")
is a registered
California
voter.PETITIONERS brought their
petition
seeking a determination by this Court as to whether
BOWEN
has
verified
that
all
candidates
for
the 2012
California
Presidential primary election hadprovided
proof
that
they
possess
the
minimum
qualifications
for
the
Office
of
President
of
the United
States,
and,
if
not,
PETITIONERS
asked
the Court to
enjoinBOWEN
from
placing the
names
of such
unverified
candidates
on the
California
Presidentialprimaryelection ballot,
unless
and
until
such time as
BOWEN
can show that
each
of
said
candidates have
so
verified
their
eligibility
for
the
office.
The underlying
writ
petition
was
filed
on
March,
20, 2012, and, on
May
4, 2012,
BOWEN
filed
ademurrer toPETITIONERS'
writ
petition.
II.
BOWEN
HAS A
DUTY TO ENSURE THATCALIFORNIA
ELECTION
LAW IS
FULLY
COMPLIED WITH
BY
ALL
CANDIDATES,
INCLUDING
BY
NATIONAL
PRESIDENTIAL
CANDIDATES
2PETITIONER'S OPPOSITION
TO DEMURRER
 
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BOWEN
alleges
that the Secretary
of
State
has no legal
duty
to detennine whether
a
presidentialcandidate is
constitutionallyeligible
to
serve
as President
of
the
United
States.
This
allegation
is
withoutmerit.
First,
the
California
Secretary
of
State
websiteChttp://wwvv.sos.ca.gov/admin/about-the-agency.htm)
lists
the duties
of
that
office,
including
the duty
of
the
chief
elections
officer
for
Califomia,
to
ensure
that
Califomia
election
laws are
followed
(Califomia
Government Code
§
12172),
the
dut>'
to
investigate election
fraud(California
Govemment Code §
12172),
and the
duty
to advise
candidates
and
local
elections
ofllcials
on the
qualifications
andrequirements
for
running
for office
(California
Government Code
§
12172.5).
(Writ
Petition,
paragraph
31).
In
order to
fulfill
the duty to advise
candidates,
the Secretary
of
State
provides several documents
with
information
concerning the
qualifications
and requirements
for
each
elected
position.
Documents
listing
the
qualifications
and requirements are
provided
for
all
state
and Federal
offices, including
the
offices
of
Govemor and Lieutenant Governor; Secretary
of
State,
Controller,
and Treasurer;
Attorney
General; Insurance Commissioner; Member
of
the
State
Board of
Equalization;
State Senator
and
Member
of
the
Assembly;
United
States
Senator;
United
States
Representative
in
Congress;
and President
ofthe
United
States.
(Writ
Petition,
paragraph 32).The Secretary
of
State
is required to
verify
that every candidate
for
these
positions is
eligible
for
the sought
position,
with
one
exception:
those
candidates
that
have been
selected
for
the
office
of
President
ofthe
United
States
by a
national
political
party are not required to
present
to the
California
Secretary
of
State
any documentation
proving
their
eligibility
for
the
office
of
President.
As PETITIONERS
showed
in
their
Writ
Petition,
Elections Code
§
6901 forces the Secretary
of
State
to disregard the duties
of
her
office
as
chief
elections
official
in
the
State
of
California
with
regard
to
the most
important
elected
office
in
the
United
States.
Political
parties are not, and should not be,responsible
for
ensuring that Elections
Laws
are
complied
with,
as the
primary
goal
of
the various parties
is
to promote and elect their
candidates.
For
this
reason,there
are no Federal or
State
requirements
PETITIONER'S
OPPOSITION
TO DEMURRER

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