COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Facts of the Case
On information and belief, the Secretary of the Senate certified to the passageof all bills that passed the Senate, numbered S.B. 76-1 through 76-19, passed during theperiod May 7, 2008, to February 25, 2009.
On information and belief, the Speaker of the Senate signed the billsmentioned in Paragraph 8.
The Secretary of the Senate who certified to the passage of those bills was notappointed until March 4, 2009.
Petitioner is not aware of when the bills were enrolled and signed to anydegree of certainty, as no evidence can be found to suggest, to any degree of certainty, thosedates.
First Cause of ActionDeclaratory Relief Violation of Section 6 of ASUN Public Law 75–39
Petitioner repeats and realleges each and every allegation contained withinparagraphs 1 through 11 as though fully incorporated herein.13.
Section 6 of ASUN Public Law 75–39 requires the Secretary of the Senate tocertify to the passage of bills. However, petitioner claims it is improper for an official whodoes not have personal knowledge of the passage to certify the same. The Secretary could nothave had personal knowledge of passage because she was not appointed until after the billspassed the Senate.14.
Therefore, Petitioner requests a declaration that all bills so certified are voidand without effect. /// ///