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KAMALAD. HARRIS Attorney General of California TAMARPACHTER Supervising Deputy Attorney General ANTHONY HAKL(SBNI97335) R. PAULSTEIN(SBNI84956) Deputy Attorneys General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5740 Fax: (415) 703-1234 E-mail: PauI.Stein@doj.ca.gov Attorneys for Respondent Office of Secretary of State SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO

12 3 4 JOHN ALBERT DUMMET, JR. ET AL., Plaintiff, Case No. 34-2012-80001091 RESPONSE OF SECRETARY OF STATE DEBRA BOWEN TO NOTICE OF RELATED CASE Date: Time: Dept: 29 Judge: Hon. Tim M. Frawley Trial Date: None set Action Filed: March 20, 2012

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v.
OF STATE DEBRA Respondent.
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I The Secretary of State was served with the Notice on April 2, 2012. Therefore, this response is timely filed. (Cal. Rules of Court, rule 3.300(g).)

Respondent California Secretary of State Debra Bowen, in her official capacity (Secretary of State) hereby responds to the Notice of Related case filed in this action by President Barack Obama and Obama for America. (Cal. Rules of Court, rule 3.300(g). The Secretary of State

agrees that the instant case is "related" within the meaning of the California Rules of Court to both: (1) Edward C. Noonan et al. v. Debra Bowen et al. (Sacramento Superior Court, No. 342012-80001048) (Noonan); and (2) Keyes et al. v. Bowen et al. (Sacramento Superior Court, No

Response to Notice of Related Case Dummett et at. v. Bowen (34-2012-80001091)

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(Keyes), which resulted in a judgment of dismissal. (Keyes v. Bowen (2010) The foregoing cases may also be "related" to Robinson v. Bowen

189 Cal.App.4th 647.

(N.D.Cal. 2008) 567 F.Supp.2d 1144, a federal court action which also resulted in a dismissal. (See Cal. Rules of Court, rule 3.300(b).) The two pending cases, Dummett and Noonan, raise identical legal issues: (1) whether the California Secretary of State has a duty to investigate the constitutional qualifications of presidential candidates before placing their names on the ballot; and (2) whether Elections Code 6901 is preempted by article 2, section 1 of the U.S. Constitution. There is also significant

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overlap among the parties to Noonan and Dummett. The Secretary of State is a respondent in both actions (the only respondent in Dummett). Named plaintiffs in both actions are alleged to be registered voters, and others are alleged to be presidential candidates. Department 31, in which Noonan is pending, has already spent considerable time on the legal issues involved and is familiar with many of the parties. Noonan was filed January 6, 2012, and the respondents each demurred to the petition. After completion of briefing on the demurrers, and shortly before Department 31 was due to post its tentative ruling, the Noonan plaintiffs filed an amended petition. Moreover, Department 31 previously adjudicated a similar petition for writ of mandate in Keyes. Keyes, like Dummett and Noonan, involved a challenge by so-called "birthers" arguing that the Secretary of State has an affirmative duty to investigate the qualifications and eligibility of presidential candidates before placing their names on the ballot. Judge Kenny rejected the argument and entered a judgment of dismissal, which was affirmed on appeal. (Keyes v. Bowen, supra, 189 Cal.AppAth at pp. 658-661.) One of the named plaintiffs in the instant case, Markham Robinson, was a named plaintiff in Keyes, as well. (Id. at p. 651.) Robinson also sued (unsuccessfully) the Secretary of State in Robinson v. Bowen, supra, 567 F.Supp.2d 1144, a case "very similar" to Keyes. (Keyes, 189 Cal.AppAth at p. 661,) Of the two petitions currently pending in this Court, Noonan was filed first in time, Because Department 31 has already devoted significant time to the issues involved in both
2 Response to Notice of Related Case Dummett et at. v. Bowen (34-2012-80001091)

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Noonan and Dummett, and is familiar with the parties, the two cases should be related to each other and assigned to Department 31 to avoid a waste of judicial and party resources. Dated: April 3,2012 Respectfully Submitted, D. HARRIS Attorney General of California TAMAR P AGITER Supervising Deputy Attorney General
KAMALA

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PAUL STEIN

Deputy Attorney General Attorneys for Respondent Office of Secretary of State

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3 Response to Notice of Related Case Durnmett et at. v. Bowen (34-2012-80001091)

DECLARATION Case Name: No, I declare

OF SERVICE BY U.S. MAIL

John Albert Dummet, Jr., et al. v. Secretary of State Bowen 34-2012-800001091

I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On April 4, 2012, served the attached OF SECRETARY OF STATE DEBRA BOWEN TO NOTICE OF RELATED CASE

RESPONSE

by placing a true copy thereof enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney General at 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004, addressed as follows: Gary G. Kreep Nathaniel J. Oleson United States Justice Foundation 932 "D" Street, Suite 2 Ramona, CA 92065 Edward Noonan 1713 11th Avenue Olivehurst, CA 95961 Pamela Barnett 1713 11th Avenue Olivehurst, CA 95961 Sharon Chickering 1713 11th Avenue Olivehurst, CA 95961 George Miller 1713 11th Avenue Olivehurst, CA 95961 Tony Dolz 1713 11th Avenue Olivehurst, CA 95961 Neil Turner 1713 11th Avenue Olivehurst, CA 95961 Gary Wilmott 1713 11th Avenue Olivehurst, CA 95961 Frederic D. Woocher Strumwasser & Woocher LLP 10940 Wilshire Boulevard, Suite 2000 Los Angeles, CA 90024

I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on April 4, 2012, at San Francisco, California. A. Bermudez Declarant
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