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KAMALA

Attorney General of California PETER A. KRAUSE Supervising Deputy Attorney General ANTHONY R. HAKL Deputy Attorney General State Bar No. 197335 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 322-9041 Fax: "(916) 324-8835 E-mail: Anthony.Hakl@doj.ca.gov Attorneys for Respondent California Secretary of State Debra Bowen SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO

D. HARRIS

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Dummett et at. v. Bowen (34-2012-80001091)

JOHN ALBERT DUMMETT,

JR., et aI., Petitioners,

Case No. 34-2012-80001091 Related Case No. 34-2012-80001048 RESPONDENT SECRETARY OF STATE DEBRA BOWEN'S NOTICE OF DEMURRER AND DEMURRER TO PETITION FOR WRIT OF MANDATE Date: October 26, 2012 Time: 9:00 a.m. Dept: 31 Judge: Honorable Michael P. Kenny Trial Date: None ----' Action Filed: March 20, 2012 OF RECORD:

v.
SECRETARY BOWEN, OF STATE DEBRA

Respondent.

________________ TO ALL PARTIES

AND THEIR ATTORNEYS

PLEASE TAKE NOTICE

that on October 26, 2012, at 9:00 a.m., before the Honorable

Michael P. Kenny in Department 31 of the court identified above, located at 720 9th Street, Sacramento, California, Respondent California Secretary of State Debra Bowen will present for hearing her demurrer to Petitioners' entire "Petition for Writ of Mandate Compelling Respondents to Require Proof of Eligibility Prior to Approving Presidential Candidate Names for Ballot Placement, and to Declare Unconstitutional California Election Code Section 6901." This

demurrer will be based on Code of Civil Procedure sections 422.10 and 430.10 and Rule 3.1320

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of the California Rules of Court, and upon the grounds that the petition fails to state a cause of action against the Secretary of State. Accordingly, Respondent prays that the demurrer be sustained without leave to amend. The demurrer will also be based on this notice of demurrer and demurrer, the separately filed memorandum of points and authorities, all pleadings and papers on file herein, and upon such other matters as may be presented in connection with the hearing. Pursuant to Local Rule 3.04, the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. You may access and download the court's ruling from the court's website at http://www.saccourt.ca.gov. If you do not have online access,

you may obtain the tentative ruling over the telephone by calling (916) 874-6353 and a deputy clerk will read the ruling to you. If you wish to request oral argument, you must contact the clerk at (916) 874-6353 (Department 31) and the opposing party before 4:00 p.m. the court day before the hearing. If you do not call the court and the opposing party by 4:00 p.m. on the court day before the hearing, no hearing will be held. Dated: May 4,2012 Respectfully Submitted,
KAMALA

D. HARRIS Attorney General of California PETER A. KRAUS)f Supervi in Dewpty Attorney General

R. HAKL Deputy Attorney General Attorneys for Respondent California Secretary of State Debra Bowen
ANTHONY SA2012105483 20581122.doc

2 Dummett et al. v. Bowen (34-2012-80001091)

DECLARATION Case Name: No.: I declare:

OF SERVICE BY U.S. MAIL

John Albert Dummer, 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 May 4, 2012, I served the attached RESPONDENT SECRETARY OF STATE DEBRA BOWEN'S NOTICE; OF DEMURRER AND DEMURRER TO PETITION FOR WRIT OF MANDATE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER TO PETITION FOR WRIT OF MANDATE 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 1300 I Street, Suite 125, ~.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: Gary G. Kreep Nathaniel J. Oleson United States Justice Foundation 932 OlD"Street, Suite 2 Ramona, CA 92065 Edward Noonan 1713 11th Avenue Olivehurst, CA 95961 Pamela Barnett 1713 11th Avenue Olivehurst, CA 95961 Sharon Chickering 17131lthAvenue 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 lith 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 May 4, 2012, at Sacramento, California. Brooke C. Carothers Declarant
S/l20121QS48,

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Signature

10891ondoc

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KAMALA D. HARRIS Attorney General of California PETER A. KRAUSE Supervising Deputy Attorney General ANTHONY R. HAKL . Deputy Attorney General State Bar No. 197335 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 322-9041 Fax: (916) 324-8835 E-mail: Anthony.Hakl@doj.ca.gov

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Attorneys for Respondent California Secretary of State Debra Bowen
SUPERIOR COURT OF THE STATE OF CALIFORNIA OF SACRAMENTO

COUNTY

JOHN ALBERT DUMMETT,

JR., et al.,
Petitioners,

Case No. 34-2012-80001091 Related Case No. 34-2012-80001048

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v.
SECRETARY BOWEN, OF STATE DEBRA

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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF RESPONDENT SECRETARY OF STATE DEBRA BOWEN'S DEMURRER TO PETITION FOR WRIT OF MANDATE
Date: Time: Dept: Judge: Trial Date: Action Filed: October 26,2012 9:00 a.m. 31 Honorable Michael P. Kenny None March 20,2012

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________________

Respondent.

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Memorandum of Points and Authorities in Support of Respondent Secretary of State Debra Bowen's Demurrer to Petition for Writ of Mandate (34-2012-80001091)

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INTRODUCTION This case is premised on the theory that President Barack Obama is constitutionally ineligible to hold the office of President of the United States. Based on this purported ineligibility, Petitioners seek a peremptory writ of mandate directing California Secretary of State Debra Bowen to require President Obama (and all other presidential candidates) to provide proof that they are in fact eligible to hold the office of President. Petitioners further ask that the Secretary of State be enjoined from certifying any presidential candidate's name for the June 5, 2012 Presidential Primary Election ballot until he or she provides such proof. As the Court is aware, this case has been related to Noonan v. Bowen, Case No. 34-201280001048. Just like in Noonan, the issue for this Court to decide is not whether Mr. Obama is in fact constitutionally eligible to be President. Rather, the issue is whether the Secretary of State has a ministerial duty to investigate the constitutional qualifications of presidential candidates in the first place.
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As explained below, under the applicable provisions of the Elections Code, and

as held by the Third District Court of Appeal in Keyes v. Bowen (2011) 189 Cal.AppAth 647, there is no such duty. . Even if there were a basis for the relief that Petitioners seek, which there is not, the petition is also moot because the Secretary of State has already certified the list of presidential candidates for the June 5, 2012 Presidential Primary Election. Additionally, it is federal law that provides a mechanism for lodging objections to presidential candidate qualifications. And because Petitioners did not bring this action until after

President Obama was elected and inaugurated for the first time more than four years ago, the action is barred by the doctrine of laches. For all these reasons, and as more fully explained below, the Secretary of State respectfully requests that this Court sustain her demurrer without leave to amend.

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Memorandum of Points and Authorities in Support of Respondent Secretary of State Debra Bowen's Demurrer to Petition for Writ of Mandate (34-2012-80001091)

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ALLEGATIONS OF THE PETITION 2 3 4 There are seven petitioners in this case: John Albert Dummett, Jr., "a write-in Presidential candidate in the,2012 California Republican Presidential primary"; Markham Robinson, "Chairman of the Executive Committee of the State Central Committee of the American Independent Party of California"; the Constitution Party, which is alleged to be a national political party; and registered California voters Gil Houston, Larry Lakamp, Milo L. Johnson and Joe Ott ("Petitioners"), Debra Bowen. According to Petitioners, there is a question as to whether President Barack Obama is "eligible to run for, and serve as, President" and he is "arguably ineligible for the office.,,2 (Pet. at 'i[~ 23 & 4l.) Petitioners claim that the Secretary of State has the responsibility to "verify" and require "proof' that any candidate for the office of President of the United States meets the constitutional eligibility requirements for the office before certifying his or her name for inclusion on the primary ballot. (See Pet. at ~'i[ 1-2~ 11, 20-22.) They assert that the Secretary of State has failed to discharge that responsibility. Therefore, Petitioners ask this Court to determine for certain whether the Secretary of State "has required all candidates for President of the United States to provide proof that they are, in fact, eligible to serve in the office of President of the United States" and enjoin the Secretary of State from "placing the names of candidates who have so failed to prove their eligibility on the. 2012 California Presidential primary election ballot." (Pet. at p. 12.) Petitioners seek an order mandating that the Secretary of State "require all candidates for the office of President of the United States provide sufficient proof of eligibility prior to approving their names for the ballot." (Ibid.) They also ask the Court to find Elections Code section 6901 to be "unconstitutional and unenforceable." (Ibid.) (Pet. at pp. 1-2.) The only respondent is California Secretary of State

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2:The petition as a whole demonstrates that the focus of-this case is the supposed , .ineligibility of President Barack Obama, although there is a brief reference in the petition that "a ,.similar situation may exist concerning the Republican Party candidacy of Mitt Romney." (Pet. ~ 41.)
2 Memorandum of Points and Authorities in Support of Respondent Secretary of State Debra Bowen's Demurrer to Petition for Writ of Mandate (34-2012-80001091)

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APPLICABLE

LEGAL STANDARDS FOR A DEMURRER

Motions attacking the pleadings and other pretrial objections may generally be brought in writ proceedings. (Code Civ. Proc., § 1109.) A respondent may object to an entire petition or

any purported cause of action within it by demurrer. (Code Civ. Proc., § 430.50.) On demurrer, the trial court considers the properly pled material facts and those matters which may be judicially noticed. (California A lliance for Utility etc. Education v. City of San Diego (1997) 56 Cal.AppAth 1024, 1028.) Courts treat as true all of the petition's material factual allegations, but not the contentions, deductions, or conclusions offact or law. (Blank v. Kirwan (1985) 39 Ca1.3d 311, 318.) Given the assumed truth of the alleged facts, when ruling on demurrer, the court determines if the petition sufficiently states a cause of action. (Picton v, Anderson Union High School Dist. (1996) 50 Cal.AppAth 726,733.) The petition in this case fails under this

standard and the Court should sustain the demurrer without leave to amend. ARGUMENT

I.

THE SECRETARY OF STATE HAS No LEGAL DUTY TO DETERMINE WHETHER PRESIDENTIAL CANDIDATE IS CONSTITUTIONALLY ELIGIBLE TO SERVE AS PRESIDENT OF THE UNITED STATES.

A

To be entitled to a writ of mandate, Petitioners must show (1) that the Secretary of State has a duty to act and (2) that Petitioners have a beneficial right to performance of that duty. (Kavanaugh v. West Sonoma County Union High School Dist. (2003) 29 Ca1.4th 911,916; Loder v. Municipal Court (1976) 17 Cal.3d 859, 863.) The required duty is a "clear, present and usually ministerial duty on the part of the respondent." (California Ass 'nfor Health Services at

Home v. State Dept. of Health Services (2007) 148 Cal.App.4th 696, 704; see Code Civ. Proc.,

§ 1085, subd. (a) ["[a] writ of mandate may be issued by any court to any inferior tribunal,
corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station .... "J.) "A ministerial act is an act that a public officer is required to perform in a prescribed manner in obedience to the mandate of legal.authorityand
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without regard to his ownjudgment
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oropinion concerning ~~ch act's propriety CaL4th at p. 916, .
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or-impropriety, when a given state of facts exists." (Kavanaugh"supra;29
3 Memorandum

citation omitted.) .The petitioner bears the burden of demonstrating that the respondent has a duty
of Points and Authorities in Support of Respondent Secretary of State Debra Bowen's Demurrer to Petition for Writ of Mandate (34·2012-80001091)

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to perform the act sought to be compelled. (MacLeod v. Long (1930) 110 Cal.App. 334, 338; Eistrat v. Board a/Civil Service Com 'n a/the City of Los Angeles (1961) 190 CaLApp.2d 29,34.) Here, although mandamus is the correct remedy for compelling an officer to conduct an election according to law (Wenke v. Hitchcock (1972) 6 CaL3d 746, 751), Petitioners cannot meet their burden to demonstrate that the Secretary of State has a clear, present ministerial duty to determine whether a presidential candidate meets the federal constitutional requirements to serve as president of the United States. (See Brandt v. Board of Supervisors, (1978) 84 Cal.App.3d 598, 600-601 ["the basis for the action must be a clear present duty to perform the act sought to be compelled; the writ will not be granted merely in anticipation that the party will refuse to perform the duty when the time comes"].) This is because the Secretary of State has no such duty. In a decision published last year, the Third District Court of Appeal concluded that the relevant Election Code provisions "do not impose a clear, present, or ministerial duty on the Secretary of State to determine whether the presidential candidate meets the eligibility criteria of the United States Constitution." (Keyes v. Bowen (2011) 189 Cal.App.4th 647, 659.) Similar to

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Petitioners here, the petitioners in Keyes were "people who Claim President Barack Obama is not a natural born citizen of the United States of America and, hence, is ineligible to be the President." (Id. at p. 651.) Indeed, counsel for Petitioners here served as counsel for the

plaintiffs in Keyes. (Id. at pp. 647.) And Markham Robinson, a petitioner here, was a plaintiff in Keyes.3 (Id. at pp. 647,651.) Keyes acknowledged that California's Secretary of State is the staters chief elections officer and is responsible for ensuring "that elections are efficiently conducted and that state election

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3 Thus, in addition to all of the reasons set forth in the body of this brief, the claims as to Mr. Robinson have been previously litigated and determined and are therefore barred by res judicata and 'collateral estoppel. "'Res judicata' describes the preclusive effect of a final 25 judgment on the merits. Res judicata, or claim preclusion, prevents relitigation of the same cause of action in asecond suit between the same parties or.parties in privity with them." (Mycogen ""26. . 'Corp. v;:Monsanto Co.' (2002) 28 Ca1Ath888, 896.) "A sister doctrine of res judicata is collateral ..estoppel, under which a prior judgment between the same parties operates as an estoppel as to .' 27- , those issues actually and necessarily decided in theprior action." tWhiulesey v. Aiello (2002) 104 Cal.App.4th 1221, 1226.) 28

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Memorandum

of Points and Authorities in Support of Respondent Secretary of State Debra Bowen's Demurrer to Petition for Writ of Mandate (34-20]2-8000]091)

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laws are enforced .... " (Keyes, supra, 189 Cal.App.4th at p. 658, quoting Gov. Code, § 12172.5.) But the court went on to conclude that these obligations do not include a duty to investigate a candidate's constitutional qualifications. (Id. at p. 659.) As the only published

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decision of a California appellate court on the question, Keyes is controlling precedent in the present proceeding. As noted above, Petitioners assert that Elections Code section 6901 is unconstitutional because it conflicts the Secretary of State's purported duty to verify the qualifications of presidential candidates. In relevant part, section 6901 concerns general elections and directs that the Secretary of State must place on the ballot the names of the several political parties' candidates.4 However, as just explained, the Secretary of State has no duty to verify t~e

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eligibility of candidates. Moreover, Keyes rejected this argument regarding section 6901. Without the provision, the court explained: [T]he truly absurd result would be to require each state's election official to investigate and determine whether the proffered candidate met eligibility criteria . of the United States Constitution, giving each the power to override a party's' selection of a presidential candidate. The presidential nominating process is not subject to each of the 50 states' election officials independently deciding whether a presidential nominee is qualified, as this could lead to chaotic results. Were the courts of 50 states at liberty to issue injunctions restricting certification of dulyelected presidential electors, the result could be conflicting rulings and delayed transition of power in derogation of statutory and constitutional deadlines. Any investigation of eligibility is best left to each party, which presumably will conduct the appropriate background check or risk that its nominee's election will be derailed by an objection in Congress[.] (Keyes, supra, 189 CaLApp.4th at p. 660.)

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Elections Code section 6901 provides in full:

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Whenever a political party, in accordance with Section 7100, 7300, 7578, or 7843, submits to the Secretary of State its certified list of nominees for electors of President and, Vice President of the United States, the Secretary of State' shall .'notify each candidate 'for elector Of his or her-nomination by.the party. The Secretary of State shall cause the names, of the candidates for President and Vice President of the several political parties to-be placed.upon. the ballot for the ensuing general election.
5 Memorandum of Points and Authorities in Support of Respondent Secretary of State Debra Bowen's Demurrer to Petition for Writ of Mandate (34-2012-80001091)

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Accordingly, there is no basis for the mandamus relief Petitioners seek and the Court should sustain the demurrer without leave to amend. (See Keyes, supra, 189 Ca1.App.4th at p. 662 [affirming trial court's judgment sustaining demurrer without leave to amend]; see also Barnes v. Wong (1995) 33 Cal.App.4th 390, 395 [issuance of peremptory writ of mandate improper where no ministerial duty existed on the part of the registrar].)

II.

THE RELIEF SOUGHT IN THE PETITION IS MOOT AS IT RELATES TO THE JUNE 5,2012 PRESIDENTIAL PRIMARyELECTlON.

Even if there were a basis for the relief that Petitioners seek, which there is not, the petition is moot as it relates to the June 5, 2012 election because the Secretary of State already has discharged the statutory duties which Petitioners seek to enjoin. The petition asks that this Court enjoin the Secretary of State from "placing the names of candidates who have ... failed to prove their eligibility on the 2012 California Presidential primary election ballot." (Pet. at p. 12.) Yet, on March 29,2012, the Secretary of State issued to all County Clerks and Registrars of Voters the official Certified List of Candidates for the June 5,2012 election, as required by law. 5 (See Elec. Code, § 6180 ["At least 68 days before a presidential primary election, the Secretary of State shall . transmit to each county elections official a certified list containing the name of each candidate who is entitled to be voted for on the ballot at the presidential primary[.]") Accordingly, the relief

sought against the Secretary of State is moot. (See Treber v. Superior Court (1968) 68 Ca1.2d 128, 134 ["mandate does not lie when the respondent no longer has the legal authority to discharge the alleged duty because the time for doing so, as specified by statute or ordinance, has expired"]; see also Long v. Hultberg (1972) 27 Ca1.App.3d 606,608 [writ petition by official named in recall petition dismissed as moot after election held, petitioner recalled, and successor elected].)

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, 5 A copy of the Official Certified List of Candidates for President of the United States is 'attached as Exhibit A .. Thecomplete list-issued by the Secretary' of State is available at: . , http://W\:v.W.sos.ca·.gov/elections/ccroVlpdfI2012/marchJI2109em.pdf. The Secretary of State :'0 here by req uests that the Court take 'judicial noticeof the list pursuant to Evidence Code section' . 452, subdivision (6), which a:l16wsjudiCiat:nbtice of"[o]fficial acts of the legislative, executive.. andjudicial departments of the United States and of any state of the United States."
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6 Memorandum of Points and Authorities in Support of Respondent Secretary of State Debra Bowen's Demurrer to Petition for Writ of Mandate (34-2012-80001091)

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III.

ANY REMEDY FOR PETITIONERS LIES AT THE FEDERAL LEVEL.

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The Court should also sustain the demurrer because the issue of whether a presidential candidate is constitutionally qualified for that office is a matter committed to Congress and the federal courts. After presidential electors vote, they transmit their results to the President of the United States Senate (i.e., the current Vice-President of the United States), who counts them in the presence of a joint session of Congress. (See U.S. Const, amend. XII.) A federal statute details the process for counting electoral votes in Congress, and provides a mechanism for registering objections: Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made ... shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision. (3 U.S.C. § 15.) Thus, remedies exist under federal law for individuals who wish to challenge the qualifications of presidential candidates. In Keyes, in addition to finding that the Secretary of State had no ministerial duty, the Court of Appeal affirmed the trial court's determination that it lacked jurisdiction over the matter, which was governed by federal law and required objections to presidential qualifications to be lodged with Congress. (Keyes, supra, 189 Cal.App.4th at pp. 660-661.) In yet another case similar to this one, the United States District Court for the Northern District of California dismissed a 2008 challenge to John McCain's citizenship status, holding that presidential qualification issues are best resolved in Congress. (Robinson v. Bowen (N.D.Cal. 2008) 567 F.Supp.2d 1144, 1147 ["Arguments concerning qualifications or lack thereof can be laid before the voting public before the election and, once the election is over, can be raised as objections as the electoral votes are counted ~eril~dY'atth~ :fed~~al.l~~el, .thesec~~iaryo(State

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in Congress."].)

Because Petitioners have a

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resp~'ctfully r~quests th~t 'th~:Court sustai~'hYr.:<;~
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Memorandum of Points and Authorities in Support of Respondent Secretary of State Debra Bowen's Demurrer to Petition for Writ of Mandate (34-2012-80001091)

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IV.

By WAITING UNTIL THIS LATE DATE TO SEEK RELIEF, PETITIONERS' CLAIMS ARE
BARRED BY THE DOCTRINE OF LACHES.

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Because Petitioners by the doctrine of laches. unreasonably

delayed too long in filing their writ petition, the petition is also barred "Under the doctrine of laches a writ may be denied where a party to the real party in interest." 1357, 1368.) These elements

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delays in filing the petition and there is prejudice

(HD. Arnaiz, Ltd. v. County of San Joaquin (2002) 96 CaLAppAth
are satisfied here. President Obama's candidacy for the presidency

was common knowledge

from at least the at least

time of the 2008 presidential

primaries.

And his re-election

bid was common knowledge for re-election."

as of April 4, 2011, when he officially facts, Petitioners' Furthermore,

declared himself a candidate

Given these unreasonable.

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lengthy and unexplained

delay in filing this action is objectively relief after President

the consequences

of granting the requested

Obama has already

been elected and inaugurated

once would damage not only the Secretary of State, but also the and would undermine the stability of elections. If Petitioners they

voting public and the President, were truly concerned should have brought General Election). precisely

about the qualifications a challenge Petitioners'

of now-President

Obama to be President,

more than four years ago (i.e., before the November late-date challenge to President Obama's qualifications

4, 2008
is (See

the kind of delayed challenge

that courts have dismissed

on grounds of laches.

Soules v. Kauaians Nukolii Campaign Comm. (9th Cir. 1988) 849 F.2d 1176,1182
applied to bar election challenge where plaintiffs "failed to explain adequately

[laches

their failure to

press (their) claim before the election"]; 951, 957-960 [mandamus

McKinney v. Superior Court (2005) 124 Cal.AppAth
waited until after election to requests that the

action barred by laches where petitioner

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bring challenge].)

For this reason as well, the Secretary without leave to amend. notice because,

of State respectfully

Court sustain her demurrer
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This date is subject to judicial

under Evidence

Code section 452,
:

subdivision (h), .it is "not.reasonably subject to dispute and [is] capable of immediate and· accurate 'determination by resorttosources-of reasonably indisputable accuracy." (See, e.g.,'.' .,! ,.' ..,:. : •. http://www.nytimes.com!2011/04/05/us/politics/050bama.html [reporting that Obama formally . opened re-election -bid' on Apri14, 2011]; http://politics.bIogs.foxnews.com!20 11/04/04/'pI;esident"7,
obamas- re-election-campaign -officiall y-starts [same].)
8 Memorandum of Points and Authorities in Support of Respondent Secretary of State Debra Bowen's Demurrer to Petition for Writ of Mandate (34-2012-80001091)

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CONCLUSION For the foregoing reasons, the Secretary of State respectfully requests that the Court sustain her demurrer without leave to amend. Dated: .May 4, 2012 Respectfully Submitted,
KAMALA PETER

D. HARRIS Attorney General of California Supervisin

A. KRAUSE

epuly Attorney General

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R. HAKL Deputy Attorney General Attorneys for Respondent California Secretary of State Debra Bowen
ANTHONY SA2012105483 10889578.doc

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EXHIBIT A

DEBRA BOVVEN SECRETARY OF STATE STATE OF CA LIFORNIA I ELECTIONS .
1500 'nth Street, sthF1oor! Sacramento,

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CA 958141 Tel (916) 657-23.661Fax (916) 6S3-S2141....:vrw.sos.ca.gov

March 29, 2012 County Clerk/Registrar of Voters (CC/ROV) Memorandum #12109

TO:
FROM:

RE:

Presidential

Primary Election: Certified List of Candidates

- ATTENTION CANDIDATE FILING OFFICERS Attached is the official Certified Ust of Candidates showing the name, party preference, ballot designation, and contact information for each candidate for the June 5,2012, Presidential Primary Election. An electronic file of the abbreviated list (which contains the candidate name, party preference, and ballot designation), as well as the rotation list, has been e-mailed to the contacts provided by your office. The Certified List of Candidates and the abbreviated list may also be viewed on our website at: www.sos.ca.gov/elections/20 12-elections/iune-prirharyJpdf/j une-20 12-candidates-list. pdf

If you have any questions about this or any other candidate filing matter, please contact
one of the following: Evelyn Mendez Jacob Corbin Charlene Castaneda (916) 653~9155 (916) 657-2189 (916) 651-5310 evelvn. mendez@sos.ca.gov jacob.corbln@sos.ca.gov charlene.castaneda@&.os,~a.gov

.

In addition, each candidate's ballot designation and party preference will be translated , into the languages required by the Voting Rights Act and will be provided to the specified counties as soon as they are complete. The Spanish translations are anticipated by the close of business on Friday, March 3D, 2012. The other languages are expected within a week. If you have any questions Jennifer Luckie-Bratt in regard to translations, please contact: (916) 651-3734 iennifer.luckie-bratl@sos.ca.gov

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SECRETARY OF STATE

CERTIFIED LIST OF CANDIDATES FOR THE JUNE 5,2012, PRESIDENTIAL PRIMARY ELECTION

OFFICE OF THE SECRETAR Y OF STATE
STATE OF CALIFORNIA

I, DEBRA BOWEN. Secretary of State of the State of California, do hereby certify That the following list contains the name and address, office sought, ballot designation, and the party preference. where applicable, of each person for whom nomination papers for state-certified office have been filed in my office and who is entitled to be voted for in one or more of the counties of the state at the Presidential Primary Election to be held on Tuesday, June 5,2012. Dated at Sacramento, California, this

zs" day of March

2012.

DEBRA BOWEN SECRETARY OF STATE

Presidential Primary Election - June 5, 2012 Official Certified List of Candidates
03/29/2012 Page I of3

PRESIDENT OF THE UNITED STATES
BARACK OBAMA* Democratic

PO BOX 803638 CHICAGO, IL 60680 (312) 698-3670 (Business) WEBSITE: www.barackobama.com NEWT GINGRICH PO BOX 550769 ATLANTA, GA 30355 (678) 973-2306 (Business) WEBSITE: www.newt.org FRED KARGER 2745 WOODSTOCK RD LOS ANGELES, CA 90046 (202) 365-2321 (Business) WEBSITE: www.fredkarger.com RON PAUL 8000 FORBES PL STE 200 SPRINGFIELD, VA 22151 (703) 563-6620 (Business) WEBSITE; www.ronpauI2012.com CHARLES E. "BUDDY" ROEMER, III Republican Republican Republican Republican

PO BOX 84877 BATON ROUGE, LA 70884 (603) 782-4812 (Business) WEBSITE: www:buddyroemer.com

MITT ROMNEY
PO BOX 149756 BOSTON, MA 02114-9756 (857) 288-3500 (Business) WEBSITE: www.mittromney.com RICK SANTORUM

Republican

Republican

PO BOX 37 VERONA, PA 15147 (888) 321-6675 (Business) WEBSITE: www.ricksantorum.com
.. EDWARDC. NOONAN American

Independent

1713 11TH AVE OLIVEHURST, CA 9596]

+

Incumbent

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Presidential Primary Election - June 5~2012
Official Certified List of Candidates
03/29/2012 Page 2 of3

PRESIDENT OF THE UNITED STATES
MAD MAX RIEKSE PO BOX 82 FRUITPORT, LAURIE ROTH ST WA 98632 Green MI 49415 American Independent American Independent

2903 MAPLE LONGVIEW, ROSEANNE

BARR

214 MAIN ST #293 EL SEGUNDO, CA 90245 (646) 423-8383 (Business) WEBSITE: www.roseanneforpresident.com KENT MESPLA Y 5173 WARINO RD #204 SAN DIEGO, CA 92120 WEBSITE: www.mesplay.org E-MAIL: info@mesplay.org JILL STEIN PO BOX 260217 MADISON, WI 53726-0217 WEBSlTE: www.ji1lstein.org E-MAIL: hq@jillstein.org Green Green

ROGER GARY
. 1119WAS.HBYPL SAN ANTONIO, TX 78201

Libertarian

R.J. HARRIS

Libertarian

3334 W MAIN ST BOX 402 NORMAN, OK 73072
GARY JOHNSON 280 S 400 W STE 220 SALT LAKE CITY, UT 8410] SCOTT KELLER 8754 HANDEL LOOP LAND 0 LAKES, FL 34637 Libertarian Libertarian

JAMES OGLE
630 CENTER AVE REDBLUFF, CA 96080 * Incumbent

.:~;
.:

Libertarian

r.

,

Presidential Primary Election - June 5, 2012 Official Certified Listof Candidates
03/29/2012 Page 300

PRESIDENT OF THE UNITED STATES
CARL PERSON 225 E 36TH ST STE 3A NEW YORK, NY 10016-3664 (212) 307-4444 (Business) WEBSlTE: www.carlperson2012.com E-MAIL: carlpers2@gmail.com BILL STILL 44564 BLUE RIDGE MEADOWS DR ASHBURN, VA 20147 BARBARA JOY WA YMIRE 2710 COUNTY RD 202 TULELAKE, CA 96134-9286 LEE WRIGHTS 109 LATIGO DR BURNET, TX 78611 STEW ART ALEXANDER 40485 MURRIETA HOT SPRINGS RD #149 MURRIETA, CA 92563 (909) 223-2067 (Business) E-MAIL: stewartalexander4paf@ca.rr.com ROSS C. "ROCKY" ANDERSON 314 W 300 S STE 225 SALT LAKE CITY, UT 84101 (80l) 990-5300 (Business) (801) 557-9007 (Residence) E-MAIL: rockyanderson.justice@gmail.com STEPHEN DURHAM 762 RIVERSIDE DR #3A NEW YORK, NY 10031 (206) 985-4621 (Business) WEBSITE: www.socialism.com E-MAIL: votesocialismcagmail.com Peace and Freedom Peace and Freedom Libertarian Liberta rian Libertarian

Libertarian

Peace and Freedom

~ Incumbent

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