First Amended Prerogative Writ of Mandate and Restraint of Fundraising Page 3 of 22
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
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.
California Constitution - Article II
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.
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)