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Dummett v Bowen Petition Mar20_12

Dummett v Bowen Petition Mar20_12

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Published by: AnitaMariaS on Mar 22, 2012
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04/04/2012

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DEPARTMEMT.
UNITED
STATES JUSTICE
FOUNDATION
GARY
G. KREEP (CA SBN 066482)
NATHANIEL
J. OLESON (SBN 11276695)932
"D"
Street,
Suite 2Ramona,
California
92065
Tel:
(760) 787-9907Fax: (760) 788-6414Attorneys for Petitioners,
.lohnAlbert Diimniett,
.Ir.,
Gll Houston,
Larry
Lakamp,
Milo
L.
Johnson,
Joe Ott, Markham Robinson,and the Constitution PartySUPERIOR COURT OF
CALIFORNIA
COUNTY
OF
SACRAMENTO
JOHN
ALBERT
DUMMETT,
JR.;
MAR.KHAM
)
Civil
Action
No.:
ROBINSON,
Chairman ofthe Executive )Committee ofthe
Stale
Central Committee of theAmerican Independent Parly
ofCalifornia;
THE
CONSTITUTION PARTY;
GIL HOUSTON;
LARRY
LAKAMP;
MILO
L.
JOHNSON; andJOE OTT;Petitioners
FfLElQJ
Coort
C)f
CaHfornia,
CALIFORNIA
SECRETARY OP STATE
DEBRABOWEN,
in her
official
capacily;
)
Respondents.)
)
PETITION FORWRITOF
IVIANDATE
COMPELLING
RESPONDENTS
TO
REQUIRE
PROOF
OF
ELIGIBILITY
PRIORTO
APPROVING
PRESIDENTIAL
CANDIDATE
NAMES
FOR
BALLOT
PLACEMENT,
AND
TO
DECLARE
UNCONSTITUTIONAL
CALIFOUNIA
ELECTION
CODE SECTION
6901
DATE:TIME:
DEPT:
PRELIMINARY STATEMENT
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.
INTRODUCTION
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 TO
APPROVING PRESIDENTIAL
CANDIDATE
NAMES
FOR
BALLOT
PLACEMEN'!
AND
TO
DECLARE
UNCONSTITUTIONAL
CA EC § 6901
 
to as
"DUMMETT"),
a
write-in
Presidential
candidate
in the 2012
California
Republican Presidentialprimary; Markham Robinson, Chairman ofihe E.xecutive Committee ofihe Slale Central Commilieeofthe American Independent Party
ofCalifornia
(hereinafter referred lo as
"ROBINSON");
the4 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 Lakamp6 (hereinafter referred to as
"LAKAMP"),
a regisiered
Califomia
voter;
Milo
L.
Johnson
(hereinafter7 referred to as "JOHNSON"), a registered
California
voter; and Joe Otl (hereinafter referred to as8
"OTT"),
a regisiered California voter
(collectively
referred to as
"PETITIONERS").
PETITIONERS9
seek
a determination by this Court as to vvhether
BOWEN
has
verified
thai all
candidates
for the 201210
California
Presidential primary election
have
provided proof that they
possess
the minimum11qualifications for the
Office
of
President
of the United
Slates,
and,
if
not, PETITIONERS hereby ask12 the Court to enjoin
BOWEN
from
placing the
names
of such unverified
candidates
on the
California
13 Presidential primary election ballot,
unless
and
until
such time as
BOWEN
can show that
each
of said14
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 the17
office
of
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 the19
office,
and that the only remaining
task
for the voters is to
select
a
candidate
lo vote for.
20
PARTIES
21 4. Pelitioner
DUMMETT,
a citizen ofthe
State
of
California,
is running for
President
ofthe22
Uniied
Slates
in the 2012
California
Republican primary election (Federal Election Commission23 registration
U
P20002499). As a Presidential candidate,
DUMMETT
has an interest in having a
fair
24 competition for
winning
the
Presidency.
This inierest is akin to the interest ofan Olympic25 competition, where one ofihe 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
TODECLARE
UNCONSTITUTIONAL CA
EC
Jj
6901
 
enhancing drugs, but is nol removed
from
the competition,
despite
a
violation
ofthe rules, and all ofthe
athletes
vvho had trained
for
the event legitimately are harmed
if
that disquali
 fied
 contestant
3 remains, as the
contestants
would not be competing on a level playing
field.
If
BOWEN
is not4 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
DUMMETT
will
be compelled7 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 to9 his being denied a
fair
competition for the Presidential nomination, and in the Presidential general10 election.
1
5. Petitioner
ROBINSON
is the Chairman ofthe Executive Committee of the
State
CentralCommittee of the American Independent Parly of
California
(hereinafter referred as to
"AIP"),
he is a13 citizen ofthe
State
ofCalifornia,
and he
resides
in Solano County. As a resull of his position
vvith
the14 AIP, ROBINSON has an interest in ensuring
lhal
ils
candidates
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 il18 has
candidates
seeking election al all levels of
slate
and national elections. The Constitution Party, as19 a
political
parly, has an interest in ensuring thai its
candidates
for
President
only
have
to
compete
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 no23 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 the25
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 OF
ELIGIBILITY
PRIOR
TO
APPROVING
PRESIDEN
TIAL
CANDIDATE
NAMES
FOR
BALLOT
PLACEMENT
AND TO
DECLARE UNCONSTITUTIONAL
CA
EC
i;
6901

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