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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THURSTON COUNTY __________________________________________________________________ __________________________________________________________________ ARTHUR WEST, plaintiff ) ) No. ) Vs. ) PLAINTIFF’S COMPLAINT ) FOR JUDICIAL EXAMINATION SAM REED, SECRETARY ) OF REFERENDUM PETITION OF STATE OF THE STATE ) AND VIOLATION OF THE OF WASHINGTON, JOHN ) PUBLIC RECORDS ACT DOES 1-10, STATE OF ) WASHINGTON ) Defendants ) __________________________________________________________________ I INTRODUCTION is an action authorized by RCW 29A.72.240, brought by a citizen dissatisfied with the determination of the Secretary of State in regard to the sufficiency of signatures in support of Referendum 71, certified September 2, 2009. Plaintiff seeks a citation requiring the Secretary of State to submit the petition to the Superior Court for examination, and per diem penalties and costs under RCW 42.56 for each day the disclosure of the public records has been denied. A declaratory ruling is also sought that the petition has been
1 PLAINTIFF’S
ORIGINAL R-71 COMPLAINT Awestaa@Gmail.Com

ARTHUR WEST 120 State Ave. NE # 1497 Olympia, WA. 98501

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improperly certified in violation of the 11th Amendment and RCW 42.56.070 (6). Plaintiff has standing to seek relief in regard to defendants’ actions and is entitled to the relief sought. II PARTIES AND JURISDICTION

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2.1 Plaintiff West is a citizen and a “person” as defined in RCW 29A.72.240
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with standing to seek relief. He has also been denied inspection of public records related to R-71 due, in part, to unlawful restrictions and conditions improperly imposed by the federal government upon the State in violation of the 11th Amendment. The Thurston County Court has jurisdiction of subject matter of this action. 2.2 Defendant Sam Reed is the Secretary of State of the State of Washington. He improperly certified a referendum for the ballot and failed to withdraw the certification when it quite possibly lacked sufficient signatures and/or when the public records of the signatures in his office could not legally be relied upon for any purpose due to unlawful federal interference with the State electoral process. 2.3 John Does 1-10 are unknown named parties who are jointly and severally liable for the damages and penalties resulting from their ill-advised assertion of federal jurisdiction to obstruct State electoral politics.. 2.4 The State of Washington is a necessary party to the just adjudication of this action. III ALLEGATIONS
2 PLAINTIFF’S
ORIGINAL R-71 COMPLAINT Awestaa@Gmail.Com ARTHUR WEST 120 State Ave. NE # 1497 Olympia, WA. 98501

the parties and

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3.1 On or about July and August of 2009, the John Doe defendants, while acting covertly under aliases and in concert, retained out of State counsel and sought relief in the federal District Court of the Western District of Washington in regard to R-71, a referendum pending in Washington State, which seeks to repeal a domestic partnership law passed by a democratically controlled Legislature and State Executive. The plaintiff's, by naming Sam Reed in his official capacity, improperly asserted jurisdiction over the State of Washington and its agencies, which are protected from such actions under the 11th Amendment as it has been recently interpreted by the U.S. District Court for the Western District of Washington.
3.2The

Honorable Benjamin Settle, a Judge recently appointed by former

president George Bush, viewed the action filed by these unknown entities in a favorable light, and granted a temporary injunction restraining what was in effect the State of Washington from enforcing State law, and otherwise impermissibly interfering with States rights protected under the 11th Amendment, based upon “a reflexive reliance on an obvious fiction” despite the fact that no proper affidavit had been filed by any identified party establishing standing to seek relief.
3.3

To paraphrase Washington AAG Ron Lavigne, in a pleading filed on July

24th, 2009 in Cause No. C 08-5741 RJB, “Plaintiff offers no argument to support his apparent contention that naming state officials in their official capacity invokes the Ex parte Young exception to Eleventh Amendment immunity. In fact, the Ex parte Young exception to Eleventh Amendment immunity only applies to “certain suits seeking declaratory and injunctive relief against state officers in their individual capacities.” Coeur d’Alene
3 PLAINTIFF’S
ORIGINAL R-71 COMPLAINT Awestaa@Gmail.Com ARTHUR WEST 120 State Ave. NE # 1497 Olympia, WA. 98501

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Tribe of Idaho, 521 U.S. at 269 (citing, Ex parte Young, 209 U.S. 123 (1908)). Nor does Plaintiff explain how his attempt to add (State officers) in their official capacities reflects “a proper understanding of [the Eleventh Amendment’s] role in our federal system and respect for state courts instead of a reflexive reliance on an obvious fiction.” Coeur d’Alene Tribe of Idaho, 521 U.S. at 270.” Having prevailed upon this restrictive interpretation of the 11th Amendment in the Court of judge Bryan, it is unclear why this defense was not raised by the State before Judge Settle less than a month later.
3.4

On August 4, 2009, plaintiff West filed a request for inspection of the

public records maintained by the Secretary of State in regard to R-71. This request was unlawfully denied, despite the fact that West was not served with any order prohibiting such disclosure, or joined into any action restraining his rights to inspect public records. As such, no valid order barred his right to inspect public records, and none does to this day.
3.5

By the express terms of RCW 42.56.070(6), a public record may be

relied upon...by an agency.. and it may be invoked by the agency for any other purpose only if...(a) It has been indexed in an index available to the public; or (b) Parties affected have timely notice (actual or constructive) of the terms thereof.
3.6

The certification was issued in an unlawful manner in that the secretary

illegally relied upon and invoked public records which had not been made available to the public or the plaintiff in a manner to allow for independent verification of the accuracy of the certification process. It was also “dissatisfying” to plaintiff in that in the absence of public disclosure of the records of the signatures and the verification procedure, it is impossible to
4 PLAINTIFF’S
ORIGINAL R-71 COMPLAINT Awestaa@Gmail.Com ARTHUR WEST 120 State Ave. NE # 1497 Olympia, WA. 98501

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determine conclusively if the certification process has been performed in an accurate and impartial manner, and if there are indeed the proper number of indisputably valid signatures to allow R-71 to be placed upon the ballot. A public Superior Court review of the petition is the only way to conclusively determine what the facts of the matter are, and whether there are the required number of valid signatures on R-71.
3.7

If the Voters Pamphlets are printed and distributed, and the State election

process continues in the absence of full disclosure and under the dark cloud of improper federal meddling in this State's rights in violation of the 11th Amendment, public confidence in the integrity of our political process will suffer irremediable damage, the public treasury will suffer unreasonable depletion, and those zealously opposed to R-71 will only be encouraged in their (alleged) use of unruly and impolite tactics by the failure of their State and federal governments to act in an independent, transparent, impartial, and publicly accountable manner.
3.8

Plaintiff is beneficially interested in the acts of the defendants which

violated his 1st Amendment and electoral rights and created impacts which affected him personally and specially as a registered voter and a single person potentially subject to a domestic partnership. This Court has inherent jurisdiction under Article IV, section 4 of the State Constitution to issue writs, including Writs of Certiorari, Mandamus, and Prohibition.
3.9

The Secretary of State has acted in excess of its jurisdiction, illegally, at

variance with common law, or erroneously by and/or acted illegally, and/or in an erroneous or void proceeding, and/or a proceeding not according to the course of the common law, and there is no appeal, nor any plain, speedy and
5 PLAINTIFF’S
ORIGINAL R-71 COMPLAINT Awestaa@Gmail.Com ARTHUR WEST 120 State Ave. NE # 1497 Olympia, WA. 98501

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adequate remedy at law. A Writ of Mandate and/or Prohibition, or an injunction is authorized to redress the actions of the Secretary of State in violation of his duty, and to prohibit further unconstitutional and unlawful acts.
3.10

By the acts described herein, the Secretary of State acted in excess of

its jurisdiction and illegally or in an erroneous and/or void proceeding, and violated express duties under law. This justifies the issue of a writ of Mandamus and/or Prohibition in regard to these actions, or injunctive relief.
3.11The

John Doe defendants willfully and negligently acted to precipitate

officious federal meddling with the Washington State electoral process and individual rights protected under RCW 42.56 and 42 USC 1983 -5 in violation of the 1st and 11th Amendments for which they are jointly and severably liable. They are also necessary parties to this suit. IV CAUSES OF ACTION 4.1 RCW 29A.72.240. By their acts and omissions, Sam Reed and the individual named defendants created a cause of action for Superior Court review of a “dissatisfying”, improperly concealed, and potentially invalid referendum petition, for which they are liable for the relief requested below. 4.2 PUBLIC RECORDS ACT CLAIMS By their acts and omissions, the State and its agents violated the Public Records Act, RCW 42.56, for which they are liable for the relief requested below. As the parties partially or wholly responsible for the State defendants violation of

6 PLAINTIFF’S
ORIGINAL R-71 COMPLAINT Awestaa@Gmail.Com

ARTHUR WEST 120 State Ave. NE # 1497 Olympia, WA. 98501

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RCW 42.56. the John Doe defendants are jointly and severably liable for violation of State law and the 11th Amendment. 4.3 DECLARATORY JUDGMENT By their acts and omissions defendants created an uncertainty in the conduct of State officers under the 11th Amendment and created a cause of action for declaratory judgment, for which relief should issue as requested below. 4.4 CONSTITUTIONAL AND STATUTORY WRITS OF MANDAMUS/PROHIBITION By their acts and omissions, defendants acted unlawfully and in excess of jurisdiction for which plaintiff is entitled to extraordinary relief in the form of a writ granting the relief requested in section 5 below. The ordinary course of the law is not adequate to deal with defendants actions. V REQUEST FOR RELIEF Plaintiff respectfully requests the following relief: 1.That a citation or writ issue under the seal of this Court requiring Secretary of State Sam Reed to submit the R-71 petition to this Court for examination and review.
2.That

a Declaratory Ruling issue declaring that the 11th Amendment bars officious

federal meddling with Washington State Agencies and officers in their official capacity in the administration of the Washington State electoral process. 3.That an injunction or writ issue preventing the expenditure of state funds for printing or distribution of any voter education material involving R-71 or making
7 PLAINTIFF’S
ORIGINAL R-71 COMPLAINT Awestaa@Gmail.Com ARTHUR WEST 120 State Ave. NE # 1497 Olympia, WA. 98501

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any other expenditures in regard to R-71 pending a public determination as to the sufficiency of the signatures on the R-71 petition. 4.That the signatures and other public records related to R-71 be disclosed as public records, and plaintiff be awarded costs and per diem penalties under the PRA for each day that any single record or records are found to have been withheld, and for each day that a proper privilege log has not been produced, from each named defendant, jointly and severably. 5.That this Court issue an order directing the Thurston County Sheriff to obtain the addresses of, and arrange service upon, those defendants who refuse to disclose their identities. 6.Such other relief as may be just and equitable. I, Arthur West, certify the foregoing to be correct and true under penalty of law. Done September 3, 2009, in Olympia, Washington.

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ORIGINAL R-71 COMPLAINT Awestaa@Gmail.Com ARTHUR WEST 120 State Ave. NE # 1497 Olympia, WA. 98501

_________________ Arthur West

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Option C RESOLUTION 2008-1 Authorizing and Approving Participation in the Washington Public Employees Retirement System (PERS) The Washington Public Ports Association, a political subdivision of the State of Washington, authorizes and approves the following: 1. Its eligible employees shall participate in PERS, as allowed by RCW 41.40.062: 2. The necessary funds shall be made available to cover its proportionate share for participation in PERS; and 3. PERS membership shall begin on December 1, 2008. Tax Status (select one)  Will Submit tax-deferred member contributions beginning 12/08 (month/year).  Will not submit tax deferred member contributions. Purchase of Previous Service (select one) Option A Option B Employer pays all previous service costs (both member and employer contributions). Payment must be completed within 15 years from entry into PERS. Employer and member share previous service cost. Payment must be completed within five years from entry into PERS. Indicate one of the variations below:  1. Member pays member contributions, employer pays employer contributions.  2. Member pays a percentage of previous service cost 50 % Employer pays the balance 50 %. Member pays all previous service costs (both member and employer contributions). Payment must be completed within five years from entry into PERS.

9 PLAINTIFF’S
ORIGINAL R-71 COMPLAINT Awestaa@Gmail.Com

ARTHUR WEST 120 State Ave. NE # 1497 Olympia, WA. 98501

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Adopted this Signatures:

21st

day of November, 2008.

Authorizing

Washington Public Ports Association Board of Directors

10 PLAINTIFF’S
ORIGINAL R-71 COMPLAINT Awestaa@Gmail.Com

ARTHUR WEST 120 State Ave. NE # 1497 Olympia, WA. 98501

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