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No hearing set X Hearing is set Date: September 7, 2012, 9:00 AM Judge/Calendar: Lisa Sutton
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THURSTON COUNTY Linda Jordan) No. 12-2-01763-5
Plaintiff)Plaintiff’s Motion For Order To Show Cause; v. ) Affidavit Of Linda Jordan; Memorandum ) And Appendix Of Law
Secretary of State Sam Reed Defendant
______________________________________________________________________________ Plaintiff requests the Court to issue an Order to Show Cause why Secretary of State Sam Reed, in his official capacity, should not withhold the placement of Barack Hussein Obama II aka Barack Obama’s name on the 2012 General Election Ballot as a candidate for the Office of the President of the United States; why he should not require all presidential candidates to swear an eligibility oath; why he should not direct filing officers to check eligibility requirements for all candidates and why he should not comply with WAC 434-215-165.
Plaintiff’s Motion For Order To Show CauseLinda Jordan,Plaintiff Pro Se Affidavit Of Linda Jordan; Memorandum and Appendix Of Law1 Linda Jordan v. Secretary of State, Sam Reed
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Standing RCW 29A.68.011 (1) (3) 1 provides for the prevention and correction of election frauds, errors and wrongful acts, including a failure to perform a duty. Challenges may be brought by “an elector” before ballots are printed. “Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county shall, by order, require any person charged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the duty or order not performed, whenever it is made to appear to such justice or judge by affidavit of an elector that: (1) An error or omission has occurred or is about to occur in printing the name of any candidate on official ballots; or (2) An error other than as provided in subsections (1) and (3) of this section has been committed or is about to be committed in printing the ballots; or (3) The name of any person has been or is about to be wrongfully placed upon the ballots; ” and that, “An affidavit of an elector under subsections (1) and (3) of this section when relating to a general election must be filed with the appropriate court no later than three days following the official certification of the primary election returnsand shall be heard and finally disposed of by the court not later than five days after the filing thereof.” (Emphasis added) The Superior Court, Thurston County, Is A Proper Venue For This Election Challenge 5. RCW 29A.68.011 requires election contests to be brought before, “Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county …” . (Emphasis added) County superior courts have concurrent original jurisdiction over actions against the Secretary of State concerning statewide election challenges. The wrongful
Plaintiff’s Motion For Order To Show CauseLinda Jordan,Plaintiff Pro Se Affidavit Of Linda Jordan; Memorandum and Appendix Of Law2 Linda Jordan v. Secretary of State, Sam Reed
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actsPlaintiff wants to prohibit would occur in every Washington County, including the one Plaintiff lives and votes in, King County.The acts originate out of Thurston County. Wrongful Acts, Duty to Perform 1. Plaintiff is contesting the Secretary’s placement of the name Barack Hussein Obama II aka Barack Obama on the 2012 General Election ballot as a candidate for the Office of President of the United States (RCW 29A.68.011 (1) (3)) and alleges that the identity document Obama has proffered as proof, to the Secretary and every Washington State elector, that he is eligible to be a presidential candidate, is forged. A forged document can not be used to prove anything. The Secretary would be aiding and abetting fraud if he were to place a candidate’s name on the ballot who is using a forged identity document to prove eligibility. This assist would certainly help Candidate Obama. 2 2. Plaintiff alleges that the Secretary is violating WAC 434-215-165 3 by certifying the names of major party political candidates for President and Vice-President to the General Election Ballot before their conventions are held and before receiving from the major parties a Certificate of Nomination and list of electors 4 for said candidates. In 2008 the Secretary did not certify Obama to the General Ballot until 3-9 days after receiving the Nomination from the DNC, after their convention. 5
Constructive Fraud: Any breach of duty which, without actual fraudulent intent, gains an advantage to the person in fault… 3 WAC 434‐215‐165Presidential nominations by major political parties. “Nominations for president and vice‐ president by major political parties are conducted at each party's national convention. Immediately following the convention, each party must submit a certificate of nomination and list of electors to the secretary of state in order to place the nominees on the presidential general election ballot.” 4 Ex1 ‘Appearing on Washington State Ballot in Washington State’ 5 Ex2 Kitsap County 2008 Election Calendar, DNC Nomination, DNC 2008 Convention dates.
Plaintiff’s Motion For Order To Show CauseLinda Jordan,Plaintiff Pro Se Affidavit Of Linda Jordan; Memorandum and Appendix Of Law3 Linda Jordan v. Secretary of State, Sam Reed
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3. Plaintiff alleges that the Secretary has a legal duty to carry out elections in a uniform manner 6 , to treat candidates equally where it concerns the eligibility oath. The Secretary requiresWrite In candidates for President and Vice President to swear an eligibility oath or their declaration as a candidate will not be considered. 7 The Secretary has placed the names of Major Party candidates on the General Election ballot before receiving an eligibility oath from them. 4. The filing officer for state and federal offices is required by the Secretary to verify eligibility information provided by the candidate and should also do so for major party president and vicepresidential candidates. 8 Courts Have Upheld Eligibility Requirements And Equal Treatment For Candidates 1.“Treating candidates equally is, as a matter of law, an important state interest.”(See, e.g., Council of Alternative Political Parties v. Hooks, 179f3d. 64, 78 (3d Cir.1999)) 9 Candidate Obama should be held to the same instruction that the Secretary holds Write In Candidates for President and Vice-President to: they have to swear an eligibility oath and if they don’t swear the oath their declaration will not be accepted.State and other federal candidates have their eligibility information verified by the Secretary. 10 The Secretary has the authority to verify the eligibility claims of Candidate Obama. 2. The eligibility assertions of major party president and vice-president candidates are initially presumed by the Secretary, however, the Washington State Supreme Court has found that while
RCW 29A.04.611 Rules by secretary of state. “The secretary of state as chief election officer shall make reasonable rules in accordance with chapter 34.05 RCW not inconsistent with the federal and state election laws to effectuate any provision of this title and to facilitate the execution of its provisions in an orderly, timely, and uniform manner relating to any federal, state, county, city, town, and district elections. To that end the secretary shall assist local election officers by devising uniform forms and procedures.” 7 Ex3Email from SOS Elections Department to Linda Jordan 8 Ex4 2012 King County Candidate Manuel “The officer with whom declarations are filed shall review each declaration for compliance with this law.” 9 Council of Alternative Political Parties v. Hooks, 179f3d. 64, 78 (3d Cir.1999) 10 Ex4 2012 King County Candidate Manuel
Plaintiff’s Motion For Order To Show CauseLinda Jordan,Plaintiff Pro Se Affidavit Of Linda Jordan; Memorandum and Appendix Of Law4 Linda Jordan v. Secretary of State, Sam Reed
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it is an unqualified right for an “eligible” person to aspire to public office, that if there is any doubt as to a candidate’s eligibility, that doubt must be resolved. “In State v. Schragg, 158 Wash. 74, 78, 291 P. 321 (1930), we stated: Since the right to participate in the government is the common right of all, it is the unqualified right of any eligible person within the state to aspire to any of these offices, and equally the unqualified right of the people of the state to choose from among those aspiring the persons who shall hold such offices. It must follow from these considerations that eligibility to an office in the state is to be presumed rather than to be denied, and must further follow that any doubt as to the eligibility of any person to hold an office must be resolved against the doubt.” (Emphasis added) (GERBERDING v. MUNRO No. 65059-4. Washington State Supreme Court, En Banc) 11 The Secretary Can and Does Check Candidates for Eligibility But Is Failing To Do So With Candidate Obama 1. From the King County 2012 Candidate Manuel: “Declarations of candidacy and filings (RCW 29A.24, WAC 434-215) A candidate who desires to have his or her name printed on the ballot for election to an office other than President of the United States and Vice President of the United States, shall complete and file a Declaration of Candidacy. A person filing a Declaration of Candidacy for an office shall, at the time of filing, possess the qualifications specified by law for persons who may be elected to the office. The candidate must be properly registered to vote in the geographic area, district and/or division represented by the office at the time of filing. The officer with whom declarations are filed shall review each declaration for compliance with this law.” 12 (Emphasis added)The major party candidates for President and Vice-President
GERBERDING v. MUNRO No. 65059‐4 Ex4 King County 2012 Candidate Manuel
Plaintiff’s Motion For Order To Show CauseLinda Jordan,Plaintiff Pro Se Affidavit Of Linda Jordan; Memorandum and Appendix Of Law5 Linda Jordan v. Secretary of State, Sam Reed
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are exempt from filing a Declaration of Candidacy because their party files a Certificate of Nomination on their behalf. However, this does not make them exempt from satisfying established eligibility requirements. Just like candidates for every other office, federal offices included, major party presidential and vice-presidential candidates are not exempt from meeting the eligibility requirements established by the Constitution and Washington State law. 13 The Secretary oversees every county’s election department. Under the direction of the Secretary the “filing officer” is obligated to review each declaration for compliance with the law, it is a ministerial duty. 14 2. The Secretary instructs filing officers to review candidate declarations for eligibility. From SOS publication, ‘CAN YOU REJECT A DECLARATION?’ 15 “Yes, if the declaration is ‘defective as to face.’ For example, if a candidate lists an address outside the district, it must be rejected, or if the form is submitted and the candidate is not registered to vote.”The filing officer, under instruction from the Secretary, is performing a ministerial duty to verify the candidate’seligibility. While this direction says declarations can be rejected if, on the face of it, the officer sees a defect, the two examples given are not obvious on the face of it and can only be verified if the officer checks to see if the address is in the required boundary or checks to verify if the candidate is a registered voter.It is legal for the Secretary to order filing officers to check to see if information provided by candidates is true, including candidates for federal office. It is legal and should be required for filing officers to check the eligibility information provided by major party presidential and vice presidential candidates. Supporting Documents
Ex5 SOS Presidential eligibility requirements ministerial act n. an act, particularly of a governmental employee, which is performed according to statutes, legal authority, established procedures or instructions from a superior, without exercising any individual judgment. 15 Ex6 SOS Can you reject a Declaration?
Plaintiff’s Motion For Order To Show CauseLinda Jordan,Plaintiff Pro Se Affidavit Of Linda Jordan; Memorandum and Appendix Of Law6 Linda Jordan v. Secretary of State, Sam Reed
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Plaintiff attaches to this Motion 1. The Affidavit of Linda Jordan with exhibits. 2. A Memorandum In Support with Appendix of Law. Prayer For Relief For the reasons stated above andfor those statedin the supporting Memorandum and Affidavit, Plaintiff requests that the Court order the Secretary of State; 1. To stop or prohibit the printing of ballots until disposal of this challenge. 2. To prohibit the Secretary from placing the name of Candidate Barack Hussein Obama II aka Barack Obama on the 2012 General Election ballot in Washington State as a candidate for the Office of the President of the United States. 3.To prohibit the Secretary from continuing to exempt major party President and Vice-President Candidates from eligibility checks by filing officers. 4. To prohibit the Secretary from certifying the names of Major Party President and Vice-President Candidates to the counties for a General Election until a Certificate of Nomination and list of electors is received after the Major Party’s Convention nomination process. 5.To require all Major, Minor and Independent candidates, for President and Vice-President, to be held to the same Eligibility Oath and instructions that Write In Candidates for President and Vice President are in Washington State. Plaintiffs’Motion And Attached Affidavit Alleged With Sufficient Certainty RCW 29A.68.030 provides that "no statement of contest may be dismissed for want of form if the particular causes of contest are alleged with sufficient certainty." 16 In re Election Contest Filed by Coday ( 497 156 Wn.2d 485, March 2006) 17 the Washington State Supreme Court stated that, “ "Sufficient certainty" is not defined in the statute, nor have we had occasion to
RCW 29A.68.030 Election Contest Filed by Coday
Plaintiff’s Motion For Order To Show CauseLinda Jordan,Plaintiff Pro Se Affidavit Of Linda Jordan; Memorandum and Appendix Of Law7 Linda Jordan v. Secretary of State, Sam Reed
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