First Amended Prerogative Writ of Mandate and Restraint of Fundraising Page 1 of 22
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Pamela Barnett, pro se, Petitioner
of the Ad Hoc California registered voters with service at 1713 11th Avenue Olivehurst, CA 95961Telephone: 530-845-5186
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
Petitioners submit Amended Petition in response to new highly credible evidencethat will dramatically affect this petition. It is of great public interest to ensure that thiscourt allows discovery to ensure that our public servants at the highest levels are heldaccountable in regard to potential election fraud that is now currently underway in the2012 California presidential election cycle. Also, an important Appeals court ruling on CEC13314 was issued March 1 which affects this petition. Petitioner adds the followingarguments and information to writ filed January 6, 2011 in this First Amended PrerogativeWrit of Mandate and Restraint of Fundraising. Parties and jurisdiction remain the same.
)
))))))))))))))))))))Edward C. Noonan, Pamela Barnett,Sharon Chickering, George Miller,Tony Dolz, Neil Turner, Gary Wilmott
Petitioners, v.
Debra Bowen
individually and officially as
The California Secretary of State
at 1500 11th Street, 5th 18 FloorSacramento, CA, 95814;
Barack Hussein Obama II; OBAMA FOR AMERICA (CALIFORNIA)
atNORTHERN CALIFORNIA HQ 3225 Adeline Street, Berkeley, CA 94703; Johnand Jane Does and XYZ Entities.Respondents. ______________________________Case No.34-2012-80001048FIRST AMENDED PREROGATIVE WRIT OF MANDATE and RESTRAINTOF FUND RAISINGDate: TBDTime: TBDDept: 31Judge: Hon. Michael P. Kenny Action Filed: January 6, 2012
First Amended Prerogative Writ of Mandate and Restraint of Fundraising Page 2 of 22
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On September 31, 2011, the CA SOS, Deborah Bowen issued instructions (see
Exhibit1
) also available athttp://www.sos.ca.gov/elections/2012-elections/june-primary/pdf/dem-president-2012.pdf to any prospective candidate(s) for the Office of POTUS from the Democratic party in preparation for the June 5, 2012 Democratic Primary.And that the CA SOS Instructions at Part 1 Qualification mandated that any candidate forPOTUS be eligible for that office according to U.S. Constitution Article 2 Section 1 andspecifically meets the quote:
“
I. QUALIFICATIONS Every candidate shall be a natural-born citizen of the UnitedStates, at least 35 years of age, and be a resident of the United States for at least
14 years. U.S. Const., art. II, § 1 cl. 5 “
1.
That according to the California State Constitution at Article 20 the Oath of officetaken
(1)
as a duly elected public officer, in which there is a implicit duty on the part of the
1
ARTICLE 20 MISCELLANEOUS SUBJECTS [ Required Oath of Office ]
[ Source: http://www.leginfo.ca.gov/.const/.article_20 ]
SEC. 3. Members of the Legislature, and all public officers and employees, executive, legislative,and judicial, except such inferior officers and employees as may be by law exempted, shall, beforethey enter upon the duties of their respective offices, take and subscribe the following oath oraffirmation:"I, ___________________________, do solemnly swear (or affirm) that I will support anddefend the Constitution of the United States and the Constitution of the State of California againstall enemies, foreign and domestic;
that I will bear true faith and allegiance to theConstitution of the United States and the Constitution of the State of California; that Itake this obligation freely, without any mental reservation or purpose of evasion; andthat I will well and faithfully discharge the duties upon which I am about to enter
.(emphasis added)"And I do further swear (or affirm)
that I do not advocate, nor am I a member of any partyor organization, political or other- wise, that now advocates the overthrow of theGovernment of the United States or of the State of California by force or violence or otherunlawful means
; that within the five years immediately preceding the taking of this oath (oraffirmation) I have not been a member of any party or organization, political or other-wise, thatadvocated the overthrow of the Government of the United States or of the State of California byforce or violence or other unlawful means except as follows: (emphasis added)(If no affiliations, write in the words "No Exceptions") and that during such time as I hold theoffice of ____________________________________________
I will not advocate nor become (nameof office) a member of any party or organization, political or otherwise, that advocates
First Amended Prerogative Writ of Mandate and Restraint of Fundraising Page 3 of 22
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Secretary of State to determine whether President Obama or any other presidentialcandidate meets the eligibility requirements of the U.S. Constitution; and2.
As far as Petitioner can surmise by reading the code and instructions of the StateLegislature and Congress as well as the CA SOS Notice provided to each candidate, shownas Exhibit 1 for the Democrats, is that only Respondent Bowen has the duty as CA SOSunder CEC §6041
(2)
to select the democratic party candidates for the party in the primaryas there appears there is no express authority delegated by the CA State Legislature tothe Democratic Party per se or any other party for that matter; so it's all of the CA SOSresponsibility to create and certify the "the list" of candidates.3.
Petitioner contends that some statutory duties of the California secretary of stateare in conflict with regards to verifying eligibility of national presidential candidates as theCalifornia Constitution mandates that the Secretary of State uphold her duties which isoverseen by the Legislators and Executive to enforce with impeachment.4.
The
California Constitution - Article II
states:
the overthrow of the Government of the United States or of the State of California byforce or violence or other unlawful means
." (emphasis added)And no other oath, declaration, or test, shall be required as a qualification for any public office oremployment."Public officer and employee" includes every officer and employee of the State, including theUniversity of California, every county, city, city and county, district, and authority, including anydepartment, division, bureau, board, commission, agency, or instrumentality of any of theforegoing.
2
CAEC §6041.
The Secretary of State shall place the name of a candidate upon thepresidential primary ballot when he or she has determined that the candidate isgenerally advocated
for or recognized throughout the United States or California as activelyseeking the nomination of the Democratic Party for President of the UnitedStates. The Secretary of State shall include as criteria for selecting candidates the fact of qualifyingfor funding under the Federal Elections Campaign Act of 1974, as amended.Between the 150th day and the 68th day preceding a presidential primary election, the Secretaryof State shall publicly announce and distribute to the news media for publication a list of theselected candidates that he or she intends to place on the ballot at the following presidentialprimary election. (emphasis added)
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EXHIBIT 11 for California Amended Obama Ballot Challenge, Not just about Obama
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