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Charles H. Bell, Jr. (SBN 60553) Thomas W. Hiltachk (SBN 131223) Brian T. Hildreth (SBN 214131) BELL, McANDREWS & HILTACHK, LLP 455 Capitol Mall, Suite 801 Sacramento, California 95814 Telephone: (916) 442-7757 Facsimile: (916) 442-7759 Attorneys for Petitioner, ASHLEE TITUS

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO

ASHLEE TITUS Petitioner, v. DEBRA BOWEN, as the Secretary of State of California, Respondent. KEVIN HANNAH, in his official capacity as interim State Printer; KAMALA D. HARRIS, in her official capacity as ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, Real Parties In Interest.

Case No. VERIFIED PETITION FOR WRIT OF MANDATE [ELEC. CODE, §§ 13314; 9092] STATEWIDE ELECTION MATTER IMMEDIATE ACTION REQUESTED Date: Time: Dept: Judge: [Proposition 32]

Petitioner ASHLEE TITUS will, and hereby does, seek a writ of mandate to prevent the printing of material authored by the Real Party In Interest ATTORNEY GENERAL OF THE STATE OF CALIFORNIA ("ATTORNEY GENERAL") for PROPOSITION 32 for the November 6,2012 General Election ballot pamphlet that is false, misleading, or otherwise not fair and impartial. This Petition is based upon this Petition, the separately filed Memorandum of Points and Authorities, and all of the papers and pleadings in this matter, and such further evidence and argument as may be submitted at the hearing on this matter. 1
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In support of the instant Petition for Writ of Mandate, Petitioner alleges as follows: ISSUE PRESENTED
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This action concerns the ballot materials for Proposition 32 which would amend

California's Political Reform Act to ban corporate and labor union contributions to candidates and officeholders, among other provisions. 2. Proposition 32 was placed on the ballot by initiative pursuant to Article II, Section

8 of the California Constitution. 3. Real Party In Interest ATTORNEY GENERAL is required by law to prepare a fair

and impartial "ballot label" and "title and summary" for any measure presented to the voters by initiative. (Cal. Elec. Code §§ 9050, 9051, 9086, 13247, Gov. Code § 88002.) 4. Here, however, the ATTORNEY GENERAL has failed to prepare a ballot label

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and title and summary that complies with the Elections Code. 5. This Court must correct or amend the ballot materials for Proposition 32 to ensure

that they are fair and impartial and free from false and/or misleading statements. PARTIES 6. Petitioner ASHLEE TITUS ("Petitioner") is a resident of Sacramento County and

is a registered voter in the State of California. 7. Petitioner TITUS is also the "proponent" of Proposition 32. Respondent DEBRA BOWEN ("SECRETARY OF STATE" or "BOWEN"),

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Secretary of State of California is State's chief elections officer. She is charged with the duty of preparing a ballot pamphlet with respect to statewide initiative measures as well as ballots, ballot materials, sample ballots, and other voting materials. (Cal. Elec. Code, §§ 9081-9086.) Elections Code sections 9092 and 13314 require that the Secretary of State be named as a respondent in this proceeding. 9. She is named in her official capacity only. Real Party In Interest KEVIN HANNAH is the interim State Printer of the State of

California. He is charged with printing the ballot pamphlet prepared by the Secretary State. Elections Code section 9092 requires that the interim State Printer be named as a Real Party In Interest in this proceeding. He is sued in his official capacity only. 2
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10.

Real Party In Interest ATTORNEY GENERAL is charged with the statutory duty

to prepare a fair and impartial ballot label and ballot title and summary for initiative measures that have qualified for the ballot. Elections Code section 9092 requires the author of the copy in question be named as a Real Party In Interest in this proceeding. JURISDICTION AND VENUE 11. Elections Code section 9092 provides a 20-day period in which voters are entitled

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to review the ballot materials and file any legal challenges. Petitioner is informed and believes that any legal challenges to ballot materials must be completed by August 13,2012 for the November 2012 election. (See Request for Judicial; Notice in Support of Petition for Writ of Mandate ("RJN"), ~ 1, and Exh. A thereto.) 12. . This Court has jurisdiction over this matter under Elections sections 9092 and 13314. Pursuant to Elections Code section 13314(a)(3), this action "shall have priority over all other civil matters" pending before the Court. 13. The Elections Code mandates that the exclusive venue for this action is

Sacramento County. (Cal. Elec. Code, §§ 9092, 13314(b).) ALLEGATIONS 14. Proposition 32 is a duly qualified initiative measure that will appear on the

November 6,2012 General Election ballot. A true and correct copy of the ballot materials presently on public display by the SECRETARY OF STATE (including the ballot label and title and summary at issue here, the analysis by the Legislative Analyst and the ballot arguments for and against Proposition 32) can be found on the SECRETARY OF STATE's website at www.sos.ca.gov. 15. A true and correct copy of the text of Proposition 32 is attached as Exhibit B to

Petitioner's Request for Judicial Notice and incorporated herein. 16. A true and correct copy ofthe ATTORNEY GENERAL's proposed ballot label is

attached as Exhibit C to Petitioner's Request for Judicial Notice and incorporated herein. 17. A true and correct copy of the ATTORNEY GENERAL's proposed title and

summary is attached as Exhibit D to Petitioner's Request for Judicial Notice and incorporated 3
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herein. 18. A true and correct copy of the Legislative Analyst's proposed analysis of

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Proposition 32 is attached as Exhibit F to Petitioner's Request for Judicial Notice and incorporated herein. 19. The chief purpose and point of Proposition 32 is stated succinctly in the text of the

initiative itself. It identifies four objectives: 1. 2. 3. Ban both corporate and labor union contributions to candidates; Prohibit government contractors from contributing money to government officials who award them contracts; Prohibit corporations and labor unions from collecting political funds from employees and union members using the inherently coercive means of payroll deduction; and Make all employee political contributions by any other means strictly voluntary.

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4.

The ballot label prepared by the ATTORNEY GENERAL for Proposition 32 and

which BOWEN will order to be printed in the official ballot materials distributed to voters reads as follows: POLITICAL CONTRIBUTIONS BY PAYROLL DEDUCTION. CONTRIBUTIONS TO CANDIDATES. INITIATIVE STATUTE. Restricts unions from using payroll-deducted funds for political purposes. Applies same use restrictions to payroll deductions, if any, by corporations and government contractors. Restricts union and corporate contributions to candidates and their committees. Limits government contractor contributions to elected officers or their committees. Fiscal Impact: Increased costs to state and local government, potentially exceeding $1 million annually, to implement and enforce the measure's requirements. (Emphasis in original; see RJN Exhibit C.) 21. The title and summary prepared by the ATTORNEY GENERAL for Proposition

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32 and which BOWEN will order to be printed in the official ballot materials distributed to voters reads as follows:

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POLITICAL CONTRIBUTIONS BY PAYROLL DEDUCTION. CONTRIBUTIONS TO CANDIDATES. INITIATIVE STATUTE. Restricts unions from using payroll-deducted funds for political purposes. Applies same use restrictions to payroll deductions, if any, by corporations or government contractors. Permits voluntary employee contributions to employer-sponsored committee or union if authorized yearly, in writing. Prohibits unions and corporations from contributing directly or indirectly to candidates and candidate-controlled committees. Other political expenditures remain unrestricted, including corporate expenditures from available resources not limited by payroll deduction prohibition. Limits government contract contributions to elected officers or officercontrolled committees. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: Increased costs to state and local government, potentially exceeding $1 million annually to implement and enforce the measure's requirements. (Emphasis in original; see RJN Exhibit D.) 22. Elections Code section 9051 requires the title and summary prepared by the

ATTORNEY GENERAL to be a "true and impartial statement of the purpose of the measure in such language that. .. shall neither by an argument, nor be likely to create prejudice for or against the proposed measure." (Cal. Elec. Code § 9051.) The shorter ballot label is to be "condensed" versions of the title and summary. (Cal. Elec. Code, § § 13247, 13281.) 23. The California Supreme Court has made clear that "the government may not take

sides' in election contests or bestow an unfair advantage on one of several competing factions." (Stanson v. Matt (1976) 17 Cal.3d 206,217.) As the Stanson court noted, governmental

"attempts to influence the resolution of issues which our Constitution leaves to the 'free election' of the people does present a serious threat to the integrity of the electoral process." (Id. At p. 217.) 24. Upon information and belief, the non-English translations of the ballot label and

title and summary will accurately translate the current English versions imposed by the

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Legislature, and will require correction or amendment to the same extent the English versions require correction or amendment. 25. Petitioner has no other adequate remedy at law and will suffer immediate and

irreparable injury unless this Court issues a writ of mandate deleting or amending the biased, false and/or misleading statements as described herein. 26. Petitioner is informed and believes, and on that basis alleges, that issuance of a

writ requiring the amendments and deletions set forth below will not interfere with the printing and distribution of the ballot pamphlet. According to the Secretary of State's November 6,2012 California Statewide General Election Calendar (RJN Exhibit A), the period for public review and legal challenges began July 24,2012 and ends August 13,2012. FIRST CLAIM FOR RELIEF (BALLOT LABEL FOR PROPOSITION 32) 27. 28. Petitioner incorporates paragraphs 1 through 26 of this Petition. The ballot label for Proposition 32 is false and/or misleading within the meaning

of Elections Code section 9092 and is argumentative and prejudicial in violation the Elections Code. 29. Here, the ballot label utilizes the terms "restricts", "use restrictions" and "limits"

as synonyms for the term "prohibits" or "bans." They are not. The initiative does not "restrict" or "limit" the activity described. The initiative prohibits the activity. It is false and misleading for the ATTORNEY GENERAL to imply otherwise. Further, the ballot label is prejudicial and argumentative by adding the term "if any" to the description of the payroll deduction ban for corporations and government contractors. The initiative applies equally to both corporations and unions and corporations do, in fact, use payroll withholding from employees to fund corporate political activity. The prejudicial words must be deleted. 30: To ensure neutrality and prevent the ballot label from being false andlor

misleading, this Court should amend or correct this statement as follows:
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POLITICAL CONTRIBUTIONS BY PAYROLL DEDUCTION. CONTRIBUTIONS TO CANDIDATES. INITIATIVE STATUTE. Restricts Prohibits unions from using payroll-deducted funds for political purposes. Applies same use restrictions prohibition to payroll deductions, if.aE..y; by corporations and government contractors. Restricts Prohibits union and corporate contributions to candidates and their committees. Limits Prohibits government contractor contributions to elected officers or their committees. Fiscal Impact: Increased costs to state and local government, potentially exceeding $1 million annually, to implement and enforce the measure's requirements. 31. Proposition 32. SECOND CLAIM FOR RELIEF (BALLOT TITLE AND SUMMARY FOR PROPOSITION32) 32. 33. Petitioner incorporates paragraphs 1 through 31 of this Petition. The title and summary is false andlor misleading within the meaning of Elections This suggested language is a fair and accurate informational summary of

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Code section 9092 and is argumentative and prejudicial in violation the Elections Code. 34. Here, the title and summary, like the ballot label, uses the terms "restricts," "use

restriction," and "limits" as synonymous with the term "prohibits" or "bans." Further, like the ballot label, the ATTORNEY GENRERAL' S use of the term "if any" is prejudicial and argumentative as described above. Lastly, the ATTORNEY GENERAL'S inclusion of the sentence: "Other political expenditures remain unrestricted, including corporate expenditures from available resources not limited by payroll deduction prohibition" is not a description of any provision of Proposition 32 and is therefore false and misleading, argumentative and prejudicial and must be deleted. 35. To ensure neutrality and prevent the title and summary from being false andlor

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misleading, this Court should amend or correct this statement as follows: POLITICAL CONTRIBUTIONS BY PAYROLL DEDUCTION. CONTRIBUTIONS TO CANDIDATES. INITIATIVE STATUTE. • Restricts Prohibits unions from using payroll-deducted funds for political purposes. Applies same use restrictions prohibition to payroll deductions, if.aE..y; by corporations or government contractors. Permits voluntary employee contributions to employer-sponsored committee or union if authorized yearly, in writing.

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Prohibits unions and corporations from contributing directly or indirectly to candidates and candidate-controlled committees. Other political expenditures remain unrestricted, including corporate expenditures from available resources not limited by payroll deduction prohibition. Limits Prohibits government contract contributions to elected officers or officer-controlled committees. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: Increased costs to state and local government, potentially exceeding $1 million annually to implement and enforce the measure's requirements

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36. Proposition 32.

This suggested language is a fair and accurate informational summary of

PRAYER FOR RELIEF WHEREFORE, Petitioner prays that this Court: 1. Issue an alternative writ of mandate compelling Respondent to amend the ballot label and title and summary as requested in this Petition or, in the alternative, to show cause before this Court at a specified time why Respondent has not done so; 2. Issue a peremptory writ of mandate commanding Respondent to amend the ballot label and title and summary for Proposition 32 as set forth above or upon order of this Court, and to conform any translations of these materials to the changes ordered by this Court; 3. 4. Award Petitioner attorneys' fees and costs incurred in connection with this matter; and Grant other such and further relief as the Court may deem necessary. 2012 Respectfully Submitted, BELL, McANDREWS & By:

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Dated: August_(_,

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Attorneys for Petitioner, ASHLEE TITUS

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VERIFICATION I, ASHLEE TITUS, declare that I am the individual Petitioner herein. I have read the foregoing PETITION FOR WRIT OF MANDATE and know the contents thereof. The same is true of my own knowledge, except as to those matters that are herein alleged on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this _ / day of August, 2012, at Sacramento, California.

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ASHLEE TITUS

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Verified Petition for Writ of Mandate

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