Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
Jordan original Motion filing

Jordan original Motion filing

Ratings: (0)|Views: 653|Likes:
Published by Helen Tansey
Jordan original Motion filing
Jordan original Motion filing

More info:

Categories:Business/Law
Published by: Helen Tansey on Jan 08, 2013
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

03/24/2013

pdf

text

original

 
 
Plaintiff’s
 
Motion
 
For
 
Order
 
To
 
Show
 
CauseLinda
 
Jordan,Plaintiff 
 
Pro
 
Se
 
Affidavit
 
Of 
 
Linda
 
Jordan;
 
Memorandum
 
1
 
2
 
3
 
4
 
5
 
6
 
7
 
8
 
9
 
10
 
11
 
12
 
13
 
14
 
15
 
16
 
17
 
18
 
19
 
20
 
21
 
22
 
23
 
x
Expedite
No
 
hearing
 
set
 
X
 
Hearing
 
is
 
set
 
Date:
 
September
 
7,
 
2012,
 
9:00
 
AM
 
Judge/Calendar:
 
Lisa
 
Sutton
 
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTONFOR THURSTON COUNTY
Linda Jordan) No. 12-2-01763-5Plaintiff)
Plaintiff’s Motion For Order To Show Cause
;v. )
Affidavit Of Linda Jordan; Memorandum
 Secretary of State Sam Reed )
And Appendix Of Law
Defendant______________________________________________________________________________Plaintiff requests the Court to issue an Order to Show Cause why Secretary of State Sam Reed,in his official capacity, should not withhold the placement of Barack Hussein Obama II akaBarack Obama’s name on the 2012 General Election Ballot as a candidate for the Office of thePresident of the United States; why he should not require all presidential candidates to swear aneligibility oath; why he should not direct filing officers to check eligibility requirements for allcandidates and why he should not comply with WAC 434-215-165.
and
 
Appendix
 
Of 
 
Law1
 
Linda
 
Jordan
 
v.
 
Secretary
 
of 
 
State,
 
Sam
 
Reed
 
 
 
Plaintiff’s
 
Motion
 
For
 
Order
 
To
 
Show
 
CauseLinda
 
Jordan,Plaintiff 
 
Pro
 
Se
 
Affidavit
 
Of 
 
Linda
 
Jordan;
 
Memorandum
 
24
 
25
 
26
 
27
 
Standing
RCW 29A.68.011 (1) (3)
1
provides for the prevention and correction of election frauds, errorsand wrongful acts, including a failure to perform a duty. Challenges may be brought by “anelector” before ballots are printed.
“Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county shall, by order, require any personcharged with error, wrongful act, or neglect to forthwith correct the error, desist from thewrongful act, or perform the duty and to do as the court orders or to show cause forthwith whythe error should not be corrected, the wrongful act desisted from, or the duty or order not  performed, whenever it is made to appear to such justice or judge
 by affidavit of an elector
that:(1) An error or omission has occurred 
 or is about to occur in printing the name of any candidate on official ballots
; or (2) An error other than as provided in subsections (1) and (3) of this section has been committed or is about to be committed in printing the ballots; or (3)
The name of any person has been or is about to be wrongfully placed upon the ballots;
” and that,
 An affidavit of an elector
under subsections (1) and (3) of this section when relating to a
28
 
29
 
30
 
31
 
32
 
33
 
34
 
35
 
36
 
37
 
general election must be filed with the appropriate court no later than three days following the
38
 
official certification of the primary election returnsand shall be heard and finally disposed of by
39
 
the court not later than five days after the filing thereof.”
(Emphasis added)
40
 
41
 
42
 
The Superior Court, Thurston County, Is A Proper Venue For This Election Challenge
5. RCW 29A.68.011 requires election contests to be brought before, “Any justice of the supremecourt, judge of the court of appeals, or judge of the superior court in the proper county …” .(Emphasis added) County superior courts have concurrent original jurisdiction over actionsagainst the Secretary of State concerning statewide election challenges. The wrongful
43
 
44
 
45
 
1
 
RCW
 
29A.68.011(1)(3)
 
and
 
Appendix
 
Of 
 
Law2
 
Linda
 
Jordan
 
v.
 
Secretary
 
of 
 
State,
 
Sam
 
Reed
 
 
 
Plaintiff’s
 
Motion
 
For
 
Order
 
To
 
Show
 
CauseLinda
 
Jordan,Plaintiff 
 
Pro
 
Se
 
Affidavit
 
Of 
 
Linda
 
Jordan;
 
Memorandum
 
46
 
47
 
48
 
49
 
50
 
51
 
52
 
53
 
54
 
55
 
56
 
57
 
58
 
59
 
60
 
61
 
62
 
actsPlaintiff wants to prohibit would occur in every Washington County, including the onePlaintiff lives and votes in, King County.The acts originate out of Thurston County.
Wrongful Acts, Duty to Perform
1. Plaintiff is contesting the Secretary’s placement of the name Barack Hussein Obama II akaBarack Obama on the 2012 General Election ballot as a candidate for the Office of President of the United States (RCW 29A.68.011 (1) (3)) and alleges that the identity document Obama hasproffered as proof, to the Secretary and every Washington State elector, that he is eligible to be apresidential candidate, is forged. A forged document can not be used to prove anything. TheSecretary would be aiding and abetting fraud if he were to place a candidate’s name on the ballotwho is using a forged identity document to prove eligibility. This assist would certainly helpCandidate Obama.
2
 2. Plaintiff alleges that the Secretary is violating WAC 434-215-165
3
by certifying the names of major party political candidates for President and Vice-President to the General Election Ballotbefore their conventions are held and before receiving from the major parties a Certificate of Nomination and list of electors
4
for said candidates. In 2008 the Secretary did not certify Obamato the General Ballot until 3-9 days after receiving the Nomination from the DNC, after theirconvention.
5
 
2
 
Constructive
 
Fraud:
 
Any
 
breach
 
of 
 
duty
 
which,
 
without
 
actual
 
fraudulent
 
intent,
 
gains
 
an
 
advantage
 
to
 
the
 
person
 
in
 
fault…
 
3
 
WAC
 
434
215
165Presidential
 
nominations
 
by
 
major
 
political
 
parties.
 
“Nominations
 
for
 
president
 
and
 
vice
president
 
by
 
major
 
political
 
parties
 
are
 
conducted
 
at
 
each
 
party's
 
national
 
convention.
 
Immediately
 
following
 
the
 
convention,
 
each
 
party
 
must
 
submit
 
a
 
certificate
 
of 
 
nomination
 
and
 
list
 
of 
 
electors
 
to
 
the
 
secretary
 
of 
 
state
 
in
 
order
 
to
 
place
 
the
 
nominees
 
on
 
the
 
presidential
 
general
 
election
 
ballot.”
 
4
 
Ex1
 
‘Appearing
 
on
 
Washington
 
State
 
Ballot
 
in
 
Washington
 
State’
 
5
 
Ex2
 
Kitsap
 
County
 
2008
 
Election
 
Calendar,
 
DNC
 
Nomination,
 
DNC
 
2008
 
Convention
 
dates.
 
and
 
Appendix
 
Of 
 
Law3
 
Linda
 
Jordan
 
v.
 
Secretary
 
of 
 
State,
 
Sam
 
Reed
 

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)//-->