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FILED

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANG~ERI/ CENTRAL JUSTICE CENt

JUN 282010

Charles H Bell, Jr. (SBN 060553) Brian T. Hildreth (SBN 213141)

BELL, McANDREWS, & HILTACHK, LLP 455 Capitol Mall, Suite 801

Sacramento, California 95814

Telephone: (916) 442-7757

Facsimile: (916) 442-7759

ALAN CARLSON, Clerk. of the Court

j2:51~~

BY s. HERRERA-WILSON

Attorneys for Defendant, DAMON DUNN

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE

Defendants,

Contest Filed: June 17,2010

DR. ORLY TAITZ, ESQ,

Case No. 30-2010-00381664 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT DAMON DUNN'S ANSWER TO CONTESTANT'S UNVERIFIED ELECTIONS CONTEST

Contestant,

v.

DAMON DUNN and DOES 1 through 18,

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:

Defendant Damon Jerrell DUM requests the Court to take judicial notice of the documents identified herein and attached hereto:

1. Exhibit "A" - A true and correct copy of a lawsuit brought in pro per by an associate of Contestant's in the Superior Court of California, County of Sacramento, entitled Bennett v.

Bowen, et al., Case No. 34-2010-00077415.

2. Exhibit "B" - A true and correct copy of the Demurrer filed by the Attorney General and Secretary of State in the case entitled Bennett v. Bowen, et al., Case No. 34-2010-00077415,

Superior Court of California, County of Sacramento.

3. Exhibit "C" - A hue and correct copy of unofficial election retums for the June 8, 2010 Direct Primary Election as maintained by the California Secretary of State. Found at:

1

Recuest for Judicial Notice in Support of Answer to Election Contest

6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1

Reouest for Judicial Notice in SUDDort of Answer to Election Contest

2 3 4

<http://vote.sos.ca.gov/returns/sec/59.htD1> last visited June 28, 2010.

4. Exhibit "D" - A true and correct copy of relevant sections from the Election Calendar for the June 8, 2010 Direct Primary Election as maintained by the California Secretary of State. Found at: <http://www.sos.ca.gov/electiolls/201 0-e1ections/june-20 lO/section-5-june-20 1 0- primmy-election-calendar.pdf> last visited June 28, 2010.

5

MEMORANDUM OF POINTS AND AUTHORITIES

Evidence Code section 452(c) provides that judicial notice may be taken of " ... Official acts of the legislative, executive, and judicial departments ... of any state of the United States."

Section 452(c) also provides that judicial notice may be taken of any document published, recorded, or filed by any executive department, (See also Serrano v, Priest (1971) 5 Ca1.3d 584, 591; Moore v. Superior Court (2004) 117 Cal.AppAth 401,407 n.5; Wolfe v. State Farm Casualty & Insurance Company (1996) 46 Cal.App.4th 554,567 n. 16: Fowler v. Howell (1996) 42 Cal.AppAth 1746, 1750, Hogen v. Valley Hospital (1983) 147 Cal.App.3d 119, 125.)

Exhibits A through D are each documents received, filed and/or maintained by public agencies and for which judicial notice may be taken.

Respectfully Submitted,

Dated: June 28, 2010

BELL, McANDREWS, & IDLTACHK, LLP

Attorneys for Defendant, DAMON DUNN

2

EXHIBIT

A

EXHIBIT A

/ .1'

FlLED

Superior Court Of alifamia, S8Gramento

05110/2010

pw:;re:;",enli.

. By Deputy

Case. Nutnbal':

34-2010-0007 415

1 2 3 4

5 6 7 [I.

9

10 11 12 13 14 15 16 17 IS 19 20 2.1 22

and Jury trial for damages

Pamela Samett, Pro se Plaintiff 2541 Warrego Way Sacramento, CA, 95826 Telephone' (415)846~7170

Fax: (866)908-2252

SUPERIOR COURT OF CAUFORNIA

COUNTY OF SACRAMENTO

------~-----------x

Pamela Barnett' )

Plaintiff,' )

v. )

Damon Jerrell Dunn (A.K.A. Damon Dunn); )

Debra Bowen individually and officially as )

The California Secretary of State; )

Edmund G. Brown Jr. (A.K.A. Jeny Brown) ) Officially as The CabfomJa Attorney General )

and individually; and John Doe(5) )

and Jane Doe(s) )

Defendants )

Case No.

Department . Assignments Case Managemanl35 law and MOllon 54 Minors CompromIse 14

COMPLAINT

with Cal. Election Code §8001(a) 2 Cal. Election Code § 8800

NVRA I HAVA related Law

23 ---· .. --""' .. ----·---- .. -"'--·--·- ..... ------x

24

25 Plaintiff Pamela Barnett alleges~

26

27 I -INTRODUCTION

28 Parties

29 1. Defendant Damon Jerrell Dunn (a.k.a Damon Dunn, Defendant Dunn), is a

30 natural person resident in California (CA) at 3131 Michelson Unit 708W Irvine CA 92612

31 WIth mallmg address located at 2070 Busmess Center Drive Surte 140 lrvme CA 92612

32 with Email damondunn@yahoo com, and IS questionably on the California Republican

33 Party primary ballot as a declared candidate for the State of California Republican Party

34. Candidate for Secretary of State of California on June 8, 2010.

Complaint Page 1 of 18

1 2. Defendant Debra Bowen (Defendant Bowen, SOS), is a natural person sued in

2 her official capacity as the Secretary of State of the State of California (50S). with place

3 of buslness located at 1500 111h Street, 5th Floor Sacramento, CA, 95814 Fax (916) 653~

4 3214 with CAL ElEC. CODE § 10: California Code - Section 10 is the chief of elections

5 offIcer afthe state. and has the powers and duties specified in Section 12172.5 of the

6 Govemment Code; and IS sued mdlvJdually herein for breach of FIduciary Duty

7 3. Defendant Edmund G. Brown Jr. (A.K.A. Jerry Bmwn, Defendant Brown. AG) is a

8 natural person sued In his Doffielal capacity as The Cahfoml8 Attomey General (AG).

9 with place of bUsiness located at California Department of Justice Office of the Attorney 10 General1300 "I" Street - Suite 125 Sacramento, California 94244-2550 is the chief law 11 enforcement officer of the state with powers and duties specified with Government code 12 to prosecute election crime; and is sued individually herein for breach of Fiduciary Duty.

13 4. Plaintiff Pamela Barnett. is a natural person with place for service located at 2541

14 Warrego Way. Sacramento, CA, 95826 Telephone: (415) 846~7170 Fax. (866) 9OB~

15 2252t and who IS duly registered to vote in Califomia and enrolled f affiliated member of

16 the Ci;Jlrforma Republican Party eligible to vote at the California Republican Party

17 Pnmary scheduled for June B. 2010 and at the General Election In 2010

18 II - JURISDICTION

19 5. Venue IS proper In the County of Sacramento and thiS IS the proper courttor uus

20 complaint as the events complained of occurred Within thIS county because it Involves

21 the Secretary of State of Calrfomla (50S) and a candidate for Secretary of State as is

Complaint Page 2 of 18

1 Defendant in the Callforma stateW\de Republican Party Direct Pnmary (1), and then.the 2 General Election ballots with CA Election Code (CEe) § 12; and at a Jury trial General

3 Damages be assessed were the Primary to proceed iIIegaUy, would result in Defendants

4 liability to reimburse the cost of the Republican primary and costs Incurred of any

5 opPosing candidate and or Plaintiff herem along WIth those simllarly situated; and that

6 jonsorcnon shall be given, preference In the CA Courts with CAl. CCP. CODE § 44 (2) 7 that according to CAL. ElEC. CODE § 8800: California Code - Section 8800; No

8 candidate whose dectaranon of candidacy has been filed for any pnmary election may 9 Withdraw as a candidate at that pnmary election. Must be removed by Judicial Order.

10 III- BACKGROUND FACTS

11 FIRST CAUSE OF ACTION

12 Defendant Dunn Maliciously Violated CEC § 8001 (a) 21 NVRA I HAVA

13 6. Plaintiff realleges each and every allegation contained in the above paragraphs 1

14 through 5 With the same force and effect as though herein set forth at length omits It for

15 brevity

16 7. Plaintiff aDeges that Defendant Dunn's actions constituted a violation of California

17 Civil Code § 8001(a) 2 national Voter Registration Act of 1993 (NVRA) and Help

18 Amenca to Vote Act of 2002 (HAVA) in that defendant had at all times rnenboned herein

19 WIth expliCit knowledge of the law acts with malice.

1 CAL ELEC CODE § 316: CafrfomlB Code - Section 316 "Direct primaIY is the primary election held on the first Tuesday after the first Monday In June In each even-numbered year, to nominate candidates to be voted forat the ensuing general ejection or 10 elect members of a

party central committee '

2. CA CCP Code § 44, Callfornra Code ~ Section 44 Appeals In probate proceedmgs, In contested election cases, and in actions for libel or slander by a person who holds any elective public office or a candidate for any such office alleged to have occurred during the course of an elec1ion campaign shall be given preference In hearing in the courts of appeal. and in the Supreme Court when transferred 1hereto All these Cases shall be placed on the calendar In the order of their date of Issue, next after cases in which the people of the state are pam 95

Complaint Page 3 of 18

1 8. The Callfomia Election Code (CEe) requires that to be ehglble to be a quahfled

2 candidate for Secretary of State a declared and a nominated candidate shall under §201

3 of the California Elections Code "be a registered voter and otherwise qualified to vote for

4 that office at the time nomination papers are issued to the person"; and

5 9. On March 13, 2009, Defendant Dunn filed a registration to vote In Califorma and

6 to affiliate With the CalifornIa Republ,can Party (see Exhibit A).

7 10. Defendant Dunn filed his voter card reglstrabon In CA on March 132009, less

8 then 8 months prior to his declaration of candidacy on November 5. 2009;

9 11. Further. CEe and related law requires with CEe § 8001. California Code -

10 Secuon 8001. (a) No declaration of candldacy for a partisan office ., shall be fded, by a

u candidate unless (1) at the time of presentation of the declaration and continuously for

12 not less than three months Immedlatety prior to that time, or for as long as he has been

13 eligible to register to vote in the state, the candidate IS shownby lus affidavit of

14 reglStration to be affiliated with the political party the nomination of which he seeks. and

15 (2) the candidate has not been registered as am/ialed with a qualified polJtlcal party

16 other than thai pobbca/ party the nominatign of which he seeks within 12 months, or, in

17 the case of an election governed by Chapter 1 (commencing with Section 10700) of Part

18 6 of DivisIOn 10, within three months Immediately pnor to the filing of the declaranon,

19 {b)The elections official shatl attach a certificate to the declaration of candidacy showing

20 the date on which the candidate registered as intending to affiliate with the politlcal party

21 the nommanon of which he seeks, and mdlcatlng that the candidate has not been

22 affiliated with any other qualified political party for the period specified in subdivision (a)

23 Immediately preceding the filing of the declaration. This section shall not apply to

Complatnt Page 4 of 18

1 declarations of candidacy flied by a candidate of a political party participating in its first

2 direct pnmary election subsequent to its qualification as a political party pursuant to

3 SeGtJon 5100 (EmphasIs added by Plaintiff) .

4 12. Defendant Dunn had not been registered and enrolled I afflhated With the

5 Republican Party of California, any State, and or National Republican Party affiriation for

6 12'months 85 of November 13, 2010.

7 13 On or about November 5,2009, Defendant Dunn, who had been registered and

8 enrolled f affiliated With the Flonda Democratic Party within 12 months, filed the

9 declaration for his candidacy (See Exhibit B) for the California Republican Party

10 nomtnatlOo Direct Primary with Defendant Bowen

11 14. That according to CAL ELEC CODE § 305: California Code ~ Section 305. 12 (a)"Candldate," for purposes of Section 2184, includes any person who declares In

13 wnungl under penalty of perJury that he or she IS a cendidete, naming the office

14 (b)"Candldate/' as used In Article 1 (commencing With Secbon 20200) of Chapter 3 of

15 Division 20, means an indIvidual listed on the ballot, or who has qualified to have wnte-

16 In votes on rus or her behalf counted by election officials, for nomination or for elecnon

17 to any elective state or local officej orwho receives a contribution or makes an

18 expenditure or gives his or her consent for any other person to receive a 'contributlon or

19 makes an expenditure With a view to bnngmg about hiS or her nomination or electron to

20 any elective state or local Office, whether or not the specific elective office for which he

21 or she Will seek nommabon or election IS known at the bme the contnbunon IS received

22 or the expendnere IS made. The term "candidate" Includes any officeholder who IS

23 subject to a reca" election. CEe Section 305 (c)"Candidate for public office," as used in

Complaint Page 5 of 18

1 Chapter 5 (commencmg WJth Section 20400) of Division 20, means an Individual who

2 has qualified to have his or her name listed on the ballot of any election, or who has

3 qualified to have wntten votes on hiS or her behalf counted by election offtcrals, for 4 nomination for, or election to, any state, reqronel, county, municipal, or distnct office

5 !Nt'uch IS filled at an election.

6 15. Defendant Dunn flied as early as possmle to maxtmlze press coverage to take

7 advantage over not being affiliated as a Republican Party Member with more Campaign

8 exposure.

9 16. Defendant Dunn sought out advice from John and Jane Doe(s) to violate CEe §

10 8001 (a) 2 in order to maximize advantage over any other affiliated Cahfom18

11 Republican Party candidate If any were to file a declaration by say March 2010 or the

12 minimum available time before the pnmary electron on June 8,2010.

13 11. Defendant ~unn knew that by filing early he was violating CEC § 8001 (a) 2 and

14 was only an affiliated republican for about 8 months and decided not to walt until say

15 March to file the Declaration, instead sought to conceal and expunge hiS Flonda

16 Democratic Party affihatJon record.

17 18. That based upon information and belief and according to a letter written April 13,

18 2010 by Jean Marie At!clns Director of Voter Administration the Duval County Board of

19 Election and obtained in person by Dr. Orly Taitz while in Florida (see Exhibit e), on July

20 10, 2009, Defendant Dunn contacted the Flonda Board of EleCtIons to have any record

21 of enrollment or affihatlOn WIth the Flonda Democratlc Party In the Duval County

22 data~as~ expunged from the officIal record.

23 19. The Flonda Board of Election database in Duval County records that Defendant

24 Dunn registered In Frorida (see Exhibit D) IS affiliated with the Democratic Party.

Complamt Page 6 of 18

1 20. That based upon information and belief the Flonda Board of Elections Official

2 with the fiduciary duty 10 safeguard the records of the Board of Elections including those 3 of Defendant Dunn refused to expunge the records when he asked July 10 2009, and

4 prove that Defendant Dunn was a Flonda Democrat within the 12 month penod pnor to

5 Defendant Dunn declaring tns candidacy in California on November Sj 2009.

6 21. For the purpose of adhering to the CEC §8001 (a)2 requirement Defendant Dunn

7 in effect was affiliated With the Democratic Party In FlorIda prior to November 5 2009.

8 when he filed hiS declaration of candJdacy and Intends to file nomination papers with

9 CEe §8Q40, acted In bad faith to falsIfy the California EieClion Record and CIrcumvent

10 requirements of NVRA and HAVA reqUlnng State to State notification of change.

11 22. Defendant Dunn violated NVRA and HAVA With the filings shown as Exhibit A

12 and Exhibit B thereby injuring Plaintiff afong With. those similarly sitUated

13 23. Moreover, Defendant Dunn committed voter fraud according to statutes CEe

14 §' 8203 and § 18500 by Intentionally not entering In hiS voter regIstration card

15 Information about the fact that he registered somewhere before and that he registered

16 as a Democrat, maliciously failed to provide at Section 16 of the form shown as Exhibit

17 A that he was previously registered In Florida. and thereby concealed evidence of a

lS come Defendant Dunn intended to commit to become California SOS

19 24 PlaintIff is a supporter and contnbutorto the candidacy of Dr. Orly Taltzl DDS 20J 0 Esq., who IS a duly declared candidate on the baUat at the California Republican

21 Party Primary scheduled for June 8,2010 for the nomination by the California

22 Republican Party as the Republican Candidate for the California Secretary of State at

23 the November 2010 General Election; and that Dr. Taitz's only opponent IS Defendant

Complaint Page 7 of 18

1 Dunn at the Republican Nommanon at the Pnmary other than wnte-m canodates, and 2 were Defendant Dunn removed from the Pnmary Batlot as demanded herem. Dr Taitz 3 would be the Republican candidate for Califomia SOS on the General Election Ballot of

4 November 2010,

5 25. Defendant Dunn poaching as a Democrat has infringed Plaintiff's First.

6 amendment nghts to . protected speech and association along with those similarly

7 situated as an enrolled affiliated member of the Califomla Republican Party With CEe

8 B001(a) 2 .

. 9 26. Defendant Dunn and the State of Cal ifomi a Secretary of State Defendant Bowen

10 whose state action has infringed Republican Party Affiltatlon nghts and success at the

11 elections have .nfnnged Plamtiff's right to a reasonable expectation of pamopenon and

12 success With IIke-mmded Party members at the Elections.

13 27. Because of the violation of Law by Defendant Dunn, Plaintiff IS damaged

14 financially and will suffer irreparable harm were Defendant Dunn allowed by Defendant

15 Bowen and or the SOS agents to remain on the pnmary ballot and that time IS off the

16 essence In order to prevent Irreparable harm In the pnmary on June 8, 2010.

17 SECOND CAUSE OF ACTJON

18 Defendant Bow~n and Defendant Dunn Maliciously Violated CEC § 8001 (a) 2

19 NVRAI HAVA and related law

20 28. Plaintiff realleges each and every aUegation contained in the above paragraphs 1

21 through 27 with.the same force and effect as though herein set forth at length omits it for

22 brevity

23 29 Plaintiff alleges that Defendants' actions constitute a Violation of California CIvil

Complaint Page 8 of 18

1 Code § 8001 (a)2 NVRA HAVA and related law in that Defendant Bowen and Defendant 2 Dunn (Defendants) act together after November 5, 2009 at all times menaoned herem

3 WIth explicit knowledge of the raw act wIth malice in regards to the DeclaratIon of

4 Candidacy of Orty Taltz.

5 30. That Based upon mtormauon and belief:

6 ·8. ·Or. Taitt called tt)e office of the Secretary of State at the Elections

7 DIVISion; whose Chief JS Cathy Mitchells, and talked to an jjwestlgator by

8 the name of Darlene, who did not disclose her last name.

9 b. That Dr. Taitt asked Darlene, why Damon Dunn was not removed from the

10 baUot in light of the fact that Dunn was not eligible under CEC § 8001 (a) 2

11 and therefore. did not qualify to be on the Republican Party Primary Ballot

12 on June 8, 2010; and

13 . C .' Further, Dr. Taitt asked Darlene what penalties Win be assessed In

14 regards to Mr. Dunn's voter fraud, in relation to the fact that he did not

15 disclose his pnor voter registratIOn as a Democrat on the March 13 2009

16 registration form shown as Exhibit A

17 d. Darlene stated to Dr. Taltz that she Will relate thiS to her supenor and one

18 of two attomeys working In the department. and said, "Someone will call

19 back". To date Dr. Taitz has not received a response as promised and

20 whrch has precrprtated this complaint as time IS of the essence With

21 Irreparable harm were Mr. Dunn to remsm on the ballot;

22 e. To date no folJowwup by the Chief of Elections has happened.

23 31. That as a pattern} Dr. Taitz told Plalnbff that when Dr, Taltz reported Baraek

24 Hussein Obama Ineligible a year and a half ago Defendant Bowen and or agents were

Complaint Page 9 of 18

1 supposed to call Dr. Taitz back and schedule an administrative hearing was never done.

2. 32. That on November 171 2009. progressive community organizer Damon Dunn

3 candidate for the Republican nomination for Callfomla Secretary of State was

4 IntefV\ewed.by Bryan Suits at 7:30 PM on KFI AM 640

5 (http:'"tunes apple_comJuslpodtastlkfi-am-640-bryan-SU1ts!ld272690196) , dunng the

6 IntelView stated he:. UCast first vote May 2009" is a "rags to riches democrat story ....

7 "Family vote as democrat." uNovember 2008 Prop 8 ... The Sentinel Newspaper an

8 African America newspaper._ community service in my entire life .•• Make a Wish

9 Foundation.me Latino Education Attainment Initiative _. II and as for his own famUy in

10 Texas when asked "why are they still 'iving in the trailer? II said Clteach them to fish_ n at

11 Stanford his Mentor "is CondoJeezza Rice at Stanford University" and when asked as to

12 his ability to win he said "Saraek Obama got record numbers of people to vote for

13 him_.p~ople·fonow people not parnes.,"

14 33. That on January 111 2010 Defendant Dunn was interviewed (see Exhibit E) by

15 Mark DeVaughn a contributing writer at the Bootleg on Scoutcom with FoxSoorts.com

16 outlet who reported that Mr. Dunn 85 saymg:

17 "'Football is the common denominator," he said. Won helps in the connection

18 process you have wjth other people." A recent Los Angeles Times arncle about

19 him noted a play that came at the expense of those whose vote he's courting.

20 Conventional Wisdom says that USC alumni and fans - heads expanded with

21 success over the past decade - have forgiven Dunn for his 93-yard kickoff return

Z2 for a touchdown dunng Stanford's 24-20 victory in 1996.

23

24 On non .. footbalt topics, Dunn speaks in excited and vibrant tones. DivelSe

25 Ro/iticaJ heroes mdude Martin Luther King. 8arack Obama and Governor Pete

26 . WIlson. He remains a political novice. having never run for office previously. He .

27 first registered to vote as a Democrat a decade ago but never actually went to the

28 pons until May of 2009. LIke a lost soul finding religion, Dunn found the proper

29 path to affecting meaningful change. encouraged by a lasting reianonsmp With

30 former US. Secretary of State Condl Rice, whom he met while a student at

31 Stanford, when R~ce served as the Umverslty's.Provost Now Dunn feels he

Complaint Page' 0 of 18

1 "gets' It No more standing on the sidelines and failing to get involved in the

2 process. As he told the Los AngeJes TImes, IlWho better to reach a non-voter

3 than a recovering non-voter?' (EmphasIs added by Plaintiff)

4

5 34. On or about March 16. 2010, the aufhonzed Campaign for Defendant Debra

6 Bowen sent a campaign contribution solicitation throughout the State attacking Dr. Taitz

7 as a fringe member of the California Republica,n Party (see Exhibit F) and therein defers

8 to the "wealthy developer" Defendant Dunn as if a mainstream "right-wing" Republican

9 Party candidate on the primary ballot and after Defendant Bowen was notified Mr. Dunn

10 lIke Barack Hussein Obama IS also mehglble to run for office In the solicitation states.

11 As you know, wealthy developer Damon Dunn, who says he got Into the race at

12 Karl Rove's urgmg, IS also runmng for the Republican nommanon Whoever

13 prevails In the pnmary MUST be taken senously because of their ablJlty to raise

14 money and distort the Issues through their national nght-wing networks.

15

16 Please contribute today to help Debra stand against rightwing ideologues like

17 011)' Taitz, and continue serving U1e peopre ofCalifomial

18

19 Orly TaltZ' Candidacy would be amusing If It weren't so serious. Her primarY

20 reason for running IS to challenge President Obama's cltizenshlp and Invalidate

11 the 2008 election. In fact, Taitz. has sued Debra twice to try to invalidate Obama's

22 victory

23

24 We can't let fringe conspiracy theorists use this office to get a foot in the door and

25 undermine our democracy.

26

27 Debra's opponents are well connected, and have the ability to raise large sums of

28 money from across the country. We must make sure she has the resources to

29 beat them.

30

31 Please contribute today to help Debra stand against right-wing ideologues like

32 any Taltz, and continue serving the people of California!

33

34 We can't underestimate the importance of this race. The Secretary of State IS the

3S one person In state government who IS responsible for the integnty of our

36 elections As we saw In Flonda In 2000 and in Ohio four years later, we need

37 public servants we trust In this position, not people With a political agenda

38

39 Debra has long served the people of, Califomia with integrity. We need her in the

40 Secretary of State's office. not a conspracy theonst like Orly Tanz,

41

Complaint Page 11 of 18

1 35. However, contrary to the authonzed Bowen Campaign Statement shown as

2 Exhibit F as to Defendant Dunn that was reJeased On or about March 16,2010 and that

3 comcided with the release of the Fnday March 5, 2010 Democrat love-fest interview of

4 Defendant Dunn and Defendant Bowen on the California Focus Syndicated Column, a

s twice-weekly syndicated newspaper column on California pubhc affaIrs, by Thomas D.

6. Elias in his article "A Down-Th~77cketRaceWith Two Likelv WinnerS' (see Exhibit G)

7 reported Defendant Damon Dunn saYing of Defendant Debra Bowen that.

8 "She gets credit for restoring some integrity to the process," Dunn said in an

9 interview, referring to Bowen's review of electroruc voting machines and the

10 resulting return to large-scale use of paper ballots. In fact, she gets somuch

11 credit that as of early March, Dunn was the only declared Repubhcan cenocate

12 runmng agalOst her. There was stili a possibility that another mIght Jump In' Orly

13 Tanz, another Orange County figure who IS a leader. of the Ubirther" movement

14 that questions whether President Obama is eligible for rns Job,

·15

16 But Dunn, the only Republican now campalgmng, enthu51astJcally and

17 unequivocany says he will Win this fall and become Califomia"s first African.

18 Arnencsn 'stateWlde ofhceholder since Mervyn DymaUy was lieutenant govemor

19 In the late 19705

20

21 And further In the arucle, Mr. Elias continues to report the rebuttal of Defendant Bowen

22 from hIS Interview With her saying that:

23 "One thing Bowen doesn't buy is the notion that Dunn's candidacy IS the product

24 of a plot devised by Republican strategist Karl Rove, long the chief pohncat

25 adViser to former President George W. Bush, for the GOP to take control of the

26 national election process at the state level

27

28 Bowen scoffs at the idea of a Rovian plot. "I'm not much for conspiracy theories) n

29 she said. uBesides, I don't think Karl Rove wouJd exactly be an asset In

30 CaJifornia."

31

32 36. On December 9, 2008~ Plaintiff had complained to Defendant Bowen of the

33 ineligibility of Barack Hussein Obama to be on the ballot in California see Exhibit H.

34 37. Defendant Bowen has no opponents in the Democratic Pnmary June 8, 2010.

35 38. Defendant Bowen chose to take sides and interfere into the internal campaign of

Complaint Page 12 of 18

1 the two candidates for the Republican Party nomination Defendant Dunn and Orly Taitz.

2 39 Arguendo, Defendant Bowen IS at best a Progressive Social Democrat on the

3 European mOdel of social democracy •. that was devised In the twentieth century by the

4 CathollC scholar Jacques Maritain whose work for the Roman Catholic Church formed

s the sooenst labor umons Within a mixed feudal class system, In whIch governance IS

6 done Without the consent of the coJlective sooal classes that are divided Into an

1 Imaginary left and right Wing. as a form of consumer/producer dialectical materialism; 8· and whose European somal fascist form of government controls a public dominated

9 economic collective that diminishes private enterprise and is juxtaposed to the American

10 model of a representative repubhc of 'imited government control over the pnvate

11 economy that with the U.S. Constitution and founding documents officials only serve by

12 the consent of the sovereign JndlvJdual(s) within. That there are no collective rights or

13 class smictere per se m the Umted States of America, despite the Euro-socraJlst

14 tendency to create such; and in the USA the true dynamic between individuals is based

15 upon enher greater government tnterference versus less government tnterterence tn

16 private economy that guarantees equal provision of justice for an individual without any

11 collective per S8 - e.g. individual rights versus a collective left behind in feudal Europe

18 40. On Apnl 2. 201 0, Plaln~ complamed to Defendant Brown of Defendant Bowen

19 who had responded on March 23. 2010 to the complaint shown as ExhibIt H In the

20 matter of the ineligibility of Baraek Hussein Obama specifically a to the forensic proof of

21 the fraud proven done by Mr. Obama and or his agents for the declaration with GEe

22 §800 1 (a) 2 for ballot access to the November 2008 General ElectIOn (see Exhibit I)~

23 41. Defendant Bowen acts under color of CEC §8800 without fulfilling the ministerial

24 duty to investigate the fraud or filing a JudiCial action to remove Defendant Dunn.

Complaint Page 13 of 18

1 42. Defendant Brown has not responded to the fllmg shown as ExhIbit I.

2 43. That Defendant Brown is hereby also served with the charge against Defendant

3 Dunn and Defendant Bowen In the matter of the November 13, 2009 fihng of the

4 peoaranon shown as Exhibit B and Exhibit A as a violation of the NVRA and HAVA.

5 44. That PlaJnuff on May 3, 2010 faxed a complaint letter with attachments to the

6 California Board of Election Chief and fonowed.up with a trip to the Office to wit nothing

7 has been received to date and thereby requires expedited handling by the Court herein;

B see a copy of Plaintiff's cover letter with fax confinnation herewith marked see Exhibit J.

9 45. That accordmg to the CAL. ELEC. CODE § 12: california Code - Section 12.

10 Whenever any candidate files a declaration of candIdacy. nommabon paper. or

11 any other paper evidencing an intention to be a candidate for any public office at any

12 election In this state WIth either the Secretary of State or a county elecnons offiCial.

13 the candidate shall bY. the filing lfTevocabJv appoint the Secretary of State or the

14 county elections official with whom the filing is made. and their successors in office,

15 the candidate's attorneys upon whom all process in any action or proceeding against

16 him or-her concerrunq hiS or her candidacy or the election laws may be served with

17 . the same effect as If the candidate had been lawfully served With process. The

18 appointment shall continue until the day of the election.

19

20 If in any action or proceeding arising out of or in connection WIth any matters

21 conceming hIS or her candIdacy or the election laws it is shown bv affidaVit to the

22 satisfaction of a coul1 or Judge tha/personalseNice of Drocess against the candidate

2.3 cannot be. made With the exerdse of due dDiqence. the court or fudge may make an

24 oreler that the service be made upon the candidate by delivering bv hand to the

2S SecrelalY of Stale or the countvelections official appointed as the candIdate s

26 attorney for sBwice of orocess, or to any person employed in his or her office in the

27 capacity of assistant or deputy. one copy of the process for the defendant to be

28 served, together with a copy of the order authonzmq the service servce In tms -

29 manner constitutes personal service upon the candidate. The Secretary of State and

30 the county elections officials of all counties shall keep a record of all process served

31 upon them under this section, and shall record therein the time of service and their

32 action With reference thereto. .

33

34 Upon the receipt of serv;ce of process the Secretaa of State or the county

3S elections official shaH ImmedIate/ValVe notIce offh8seIVice of the process 10 the

36 candidate by folWardinq the CORY of the process to the candidate at the address

37 shown on his or her dec/aladon. nomination aaner. affidavit or other evidence of

38 in/entioo tQ be a candidate filed with that officer. bvspecial delivery registered mall

Complaint Page 14 of 18

·e

1 with request for retum receipt. (Emphasis added by Plaintiff)

2

3 46.That according to CAl. ELEC. CODE § 17: California Code ~ Section 17.

4 The Secretary of State shall establish and maintain administrative complaint

5 procedures, pursuant to the requirements of the Help Amenca Vote Act of 2002 (42

6 U.S.C. Sec. 15512), in order to remedy grievances in the administration of elections.

7 The Secretary of State may not requre that the adrmnistrenve remedies provided In

8 the complaint procedures established pursuant to this section be exhausted in order

9 to pursue any other remedies provrded by state or federal law.

10

11 47.That according to CAL ELEC. CODE § 18203: California Code - Section 18203.

12 Any person who files or submits for filing a nomination paper or dectaration of candidacy

13 knowmg that It or any part of It has been made falsely is pl..!nlshable by a fine not

14 exceedmg one thousand dollars ($1.000) or by nnprtsonment In the state pnson for 16

15 months or two or three years or by both the fine and impnsonment

16 48. That both Defendants along with those yet named maliciously filed the

17 DeClaration of candidacy shown as exhIbIt B.

IB 49. That accordingly to CAL ELEC. CODE § 18500. Callforma Code ~ secnon

19 18500. Any person who commits fraud or attempts to commit fraud, and any persan who

20 aids or abets fraud or attempts to aid or abet fraud, In connecnon With any vote cast, to

21 be cast; or attempted to be cast, is guilty of a felony. punishable by imprisonment for 16

22 months or two or three years.

23 50 That Defendants mahoously concealed and entered false statements Into the

24 publJc record With mtennon of fraudulently obtammg votes

25 51. That accordingly to CAL. ELEC. CODE § 18501: California Code - Section

26 18501. Any public official who knowingly violates any of the provisions of this chapter,

27 and thereby aids In any way the Illegal casting or attempbng to cast a vote! or who

28 conmves to nullify any of the proVIsions of this chapter in order that fraud may be

Complaint Page' 5 of 18

1 perpetrated, shall forever be disqualified from holdmg office In thiS state and upon

z conviction shall be sentenced to a state pnson for 16 months or two or three years

3 52 That Defendant Bowen along with those public officials yet named have

4 maliciously breached the fiduciary duty to aid and abet the violanon of law to further

5 conceal and enter false statements into the publiC record With Intention of fraudulently

6 obtaining votes otnerwse act individually by ultra vires..

7 53. That based upon the foregoing series of complaints and lack of response by

8 Defendant Bowen she has not only a conflict of interest in this matter but fails to adhere 9 to her fidUCiary duty.

10 64. Irreparable harm to Plaintiff along with those similarly situated mdudes, (I) the

11 denial of Republican Party voters an accurate baJlot and representation according to the

12 law; (II) the denial of an honest trustworthy SOS on the ballot for the General Voters at

13 the Election were Mr. Dunn somehow to defeat SOS Candidate Orly Taltz at the

14 Republican Primary; and (Itt) cause the need for launchmg a petition effort for

IS independent candidate ballot access were Dr. Tanz, who IS the only qualified declared

16 candidate for the Republican candidacy for the 80S.

17 THIRD CAUSE OF ACTION

18 Defendant Bowen Breach of FiducIary Duty

19 55. Plaintiff realleges each and every allegation contained in the above paragraphs 1

20 through 54 with the same force and effect as though herein set forth at length omits It for

21 brevity.

22 56. Plaintiff alleges that Defendant Bowen's actions constitute a violation of California

23 Civil Code § 18501 In that Defendant Bowen acted With a conflict of Interest after

24 November 13. 2009 at all times mentioned herem under color of law With expliCit

Complaint Page 16 of 18

-------------- -------

1 knowledge of the law with malice when after It was shown that the Defendant Dunn's

2 Voter registration form shown as Exhibit A was Incomplete as to his prior registration

3 address In Florida which effected the Declaration of Candidacy filed on or about

4 November 13,2009 shown as Exhibit B.

5 FOURTH CAUSE OF ACTION

6 Defendant Brown Breach of Fiduciary Duty

7 57. Plaintiff realJeges each and every allegation contained in the above paragraphs 1

8 through 56 with the same force and effect as though herein set forth at length omits it for

9 brevity

10 58 Plaintiff alleges that Defendant Brown's inaction constitutes a violation of

11 Cahfornla CIVIl Code § 18501 In effect IS adding and abetting Defendant Bowen when

12 she acted With a conflict of Interest after November 13, 2009 at all times mentioned

13 herein with exphClt"I(nawledge of the law with malice when after It was shown that the

14 Defendant Dunn's Voter registration fonn shown as ExhIbrtA was Incomplete as to hIs

15 prior registration address in FlOrida which effected the Declaration of Candidacy filed on

16 or about November 131 2009 shown as Exhtbit B.

17 FIFTH CAUSE OF ACTION

18 ALL Defendants Unjust Enrichment

19 59. Plamtiff realleges each and every allegation contained in the above paragraphs 1

20 through 58 With the same force and effect as though herein set forth at length omits It for

21 brevity.

22 60. Plaintiff alleges that ALL Defendants' actions constitute a common law violauon

23 of equity by concealment, bad f8lth dealing. COnflict of interest, entenng false or

24 misleading statements into the public records for the purpose of unjust enrichment to the

Complaint Page 17 of 18

9 3. For an order barring Defendant Debra Bowen from the General Election ballot in

1 detriment of Plai.ntiff in the amount of $x.xx I and along WIth those similarly situated In

2 the amount of $x.xx.

3 WHEREFORE; plaintiff prays for a Judgment agamst defendants as follows:

4 1. For an order of 80S to remove Defendant DUM from the Republican Primary

5 Ballot as Mr. Dunn has not met the statutory requirement with CEC §8001(a)2, NVRA

6 and HAVA. and for consequential damages accordinq to proof at trial by jury and that

7 thiS matter be referred for cnrrnnal prosecution,

8 2. For an order to investigate forensic evidence of document fraud.

10 that she is in violation of CEC §18501 NVRA I HAVA; and for consequential damages

11 according to proof at trial by jury and that the matter be referred for criminal prosecution,

12 4. For an order barring Defendant Jerry Brown from the General EJection ballot in

13 that he is in violation of CEe §18501 NVRA and HAVA; and for consequential damages

14 according to proof at trial by jury and that the matter be referred fur criminal prosecution;

15 5. For punmve damages for fraud. oppression, and mahce;

16 6 For costs and attorney fees of SUit herein Incurred according to statute; an~c(

17 7. For such other and further rehef as the court may deem Just and proper

18 I declare under penalty of perjury under the laws of the State of California that the

19 foregomg IS true and correct.

20 DATED.
21
22
23
24·
25
26 Complaint Page 18 of 18

------- --------_._,_-----

COMPLAINT - Bernett v. Dunn et al

EXHIBIT A

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COMPLAINT - Barnett v. Dunn et al

EXHIBITC

omcs Of TIlE SUPERVISOR OF ELECTIONS

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EXHIBIT 0

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COMPLAINT - Barnett v Dunn et 81

EXHIBIT E

Scoutcom: Damon Dunn.A Sec. of State!

Page 1 of4

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Damon Dunn for CA Set: IIf Stote'

Former Cardltnd wide ncdver aud kh:k ll!turn 5pfclallst 0_0. Dldln eaee s1mwCB9ed B GQd-giveD taleat fu)" rolllJWlDg bis blockers and maDillg for lIlIyBgbL After II ,_sfnl a.reer ia @mmen:1B1 real e~rBte la Orange COUDty, the fllnner TeuD witb (lDdy-luaaJ rbetllrkallliDd communicutive ,ldlls has set his slghb un g"lMing

anotber goal-Dnt, tbIJ time J'UIlDing rlN" California's SKretary of Stalel .

l>aman Dllnn ftlr CA Sac or Slllltil

&prom YDurfreelhJnklnjJ mind 100 conlempla1l! solutions to CahfOmla's w8li-publlClZed 1rnubIBs The GaldBA Slalels krlI:r.rIn for lis glOllnd-breallfng Innovatlan, 11s Ilnpalill1eled creallvlty and lIS I'IlslOly of uamg !hal braInpower 10 O'1IBrcama !Dugh 1imes

"Thafl> lUS1 B nBmllllle,- Damon Dunn ocunIelS -I don't speak In NllJ'allVes NarralJYesdon't soMt probillms Achons soNa problems·

You onoe kI:Iaw him as No 80. Stanford's playmaldr1!llacf!.dl relimarlwlde retlIi!NeI'who relumed threB IIIdt01fs forlouctdaMls b~ 19M Bnd 1987 You might mmember Dunn 8s1he playerT~a Willingham referred lCas "Rl!tv," as In Reverend, Slnee Dunn became a IIcanssd Bapbs. mlnlsllIr III age 19

OIlnnls now QUIll) 8dd anolherllltB to 11111 nall1e SeQl!lary cI' staiB uCalIIDmlB Th& 33-year~ld Is the Republican Party calldldB1a for Calfomla's lop eIedlons offICer. a m8f)wlw would supervise ItiB slBla's eleQlons and ballo, measures Ha spel'llitulleceni hDllllays teslmg UJI Ell horns In Inlne, prepBrlng I'or a chBlIsIIglng

year or campalgnll'l(J Jaadlng up In Ills 2010 eledlon B9BJftS' Oemcu:,BIIc Incumbent Debra 80wan .

'We 1ta'le lD ask ourselve& .ough Qll8stlcns. • said Dunn, who grew up In Msnsfleld, Texas, ilia same IIOmeIIl'NlI rI OlJI'BnI cardlnlll fteIIhman talIback S!eRlan Taylor The man wI'XJ speake of posing hard queslJons II! 00 6lnInger III ovan:omlng ddliculty Dum s mlllhBr RamMa was only 15when slIe became presnan. wnl1 Damon The fBlherwaa Mike Locke!!, 'he UnlVernllyofTe~EI8' starting rullbaclt In lhelBIe 70s l.ocIcelt was killed In II car lIcc:!den.WIllle drllllFl9 back tl) campus WhBn Dunn WIIS only IhrBe

'My IIlOIJlWOl1l: a BCIII'1e:I 'eller on her Chcs'llbr WIlEI'! !ihewent UlltIIIghS1 sw:h iI YDIIIIIJ age,. OiJM saki "She's illIlICCII$S story We lelk aD lhe lima Sha'lIl1iw11ys In!!pllB me 6

Since QItldUSllng 1111998, Dunn has madeoa c:cmfor13ble IMng In colM'lel'l:lal real esialB HIS Stanford roofs relTlil!n II frequen' loprc, QNen thai his OranQe CIlIIII\y home lB so dose to so many Y§£-bac](BIS

"FOOIballls Iha OOIlllllOll dellOmlnalOr; he saKI 'II helps In !lie IXIIIll8ct1on ptooeSS ')'OlI hava INlIh o!her people - A recen1l.os Ange1as TimBS arllcla abOut h1m noled Il play Il\at CBma et !he expense otlhose whose vats he'a coW1lng Convllnbonal WIsdom !iII)'S lnat USC BlulI1l11 and fans - heads PpBntlBd'Mih success !)\Oar too paal dw::sde - IIeva fO!i1ven Dum for hl~ 93-)'3rd kk:l!olf r&lum rtlra touchdown dunng SIB~lllId'a 24-20 VIctOry 1I1199B

On F1on-roolball toplr;s, Dunn 5)lealls In exCIted and vibranllDnss DIYelse polilical heroes InclUde MEII1ln LlJther K1nu. Ballld!; Obama and GovemDrPele Wilson He Rlmalns BJlIlbIk:al fID1IIce, hav1IIg nevarrun fotollh:e pr8IIIDlISly He IIrStreglslerl!l:l tgvole as a DemocmI B decade ago blJl nsver8dUallyweniIOlha pollaunUi May or2009 like a ~I soul nndlng IlIllglo71, Dunn fnund!he proper pIIIh 10 effecting meaningful d!ange. 8IlIX1UIS!II!d by B lasbng re!allt1hshIpWdI'l rurmarU S ~ary of State CundI RIce, Whom he mel whne a sludent at SIanford, when RIW S8M1d 85 the ~Iy's PI'OWSl NIIW Dunn reels he Wge1s·,t . No mDRI SllIrdlng on 1118 ijldellnElS end rellinlillD gat IIWDMtd In !he process As l'Ie lold the 1.0$ Angel as TImes. "WhD bailer 10 reach a nDn-Vdsr IIan B I1lcoverlng nDl1-voleI'JV

CtIlIcs polnl.kI a llidt ofpoldJcaI Bxpelleme lind llie undenrablB fsc:t of OUtUl'a ClWI1 poor h*o~ ofvcllng stwuId count against hIm lEd - Yesh, Well, a gmsi deal oJ "polillCSI !lJlllBlltlncew and conslSlent mBjO/11y-aUS1'I1Ilg 'IIl1lng by !he [)ems SUIe haven' halped CalltDmla ml,lch In recent years I

Dunn spoKe of the cppol1ll111ly presenled by callfornla"s II'nubhng economiC dDWnlum

'If I gel e!BCtad, rn IalIe Ii upon If¥ielf 10 do exrt 11'IteMe'illlS WIth !he companies who le8\Ie C1UI' stale lor econDmlC reastJna m glve thBllnfoll1llldon to other !!leded DIIIClal!l Ali or nEIW, only tI'Ie!leaela~gfstalellBlS ID knowlhaflww:lClf lIlhIrmaIIon we need to gRIwoorre1lenlJeS We needanolllerVllrsJDn Of lila led! bOOm orUls '90s-

Microsoft 1V ads ofll'lr!o 'QOs eskacI Vl8Wers"WharEI do YIlII\\I3nl10 go 1Dday'r At ll'ialime, DWlll was busy gammg chunk!; ofgndlltlll yardag&

He wes part Dr the famed 1994 I1Ia\Jlbng class, rel1Jmlllg: klckoffs lind snaring passes tom Sleva SlenslrOm, Marie BllllerlleJll and Chad Hutchlroon while bacomll'lQ a lour-year lenarmen The lBCItIIlfng Clsssor'94 grtlup's 14 II1!!lmbersslBl1Bd neallY 280 gamas between lhem, meanlnglhal Bild! memberwas II sbil1erfDr an BVerage DIIWQ full saasoll5 II was an une;rsy beginning Dunn lost a fUmble IlIl 8 punt Bgatnlil NorIhweslllm on his flm! coDaga pili)' Ha bounced beck 10 run a kiCk bade 100 yards weeks; leler al Amana StsIe

http://stanford,scoutcoml2I936969"btml

519/2010

Scout.com: Damon DunnecA Sec. of Stater

Page 2 of4

DUM remains Bcicse rriandshrpwllh anOlharTIIXBs-cted mamberDfthatllmdmmkmcnllllng class Anlhony Bookmen B regulBrClillllron Dunn's BtBCkbBny till & elsa IIghl Wllh fellow recelve([rpy Wul!1I1S, also from Texas The 1999 BDelnikolf AwanfWlllllBr IUS! flnlBheci his second season B!I olfensiva mordlrlalor IlI\d wide receival'S 1lCai:lJ fer Indl~!l'll Stale. Where Jormsr Canlmal racsiver end All-AMenean IlIl!.Im speclallst l.IiKe Powell ~BS llefl!IlSNa 'bac'G

"Being It Slsnford fDoiball player, II's Detng the u1blTlllle leader,' he said 'The comblnalim of II1It demand5 oHhe r001bB!III~ld and I~ dassrnom, you MIIB nQ ~hDlce bullO essen youBelr a l"1li De a leader-

Who will lead callfOmla7 Why 001 Damoll Dunn? He can USB SOOl8 b]ocksl;I RepublIcans are e 'o~ Ulldeltlcg Ihese day:s In the Galdlill S1a11t ForlllOsa Imerested In DuM'S campaign, 1'00 CM lind him OIl Facebook BI1d III !l!!pJ/www qamopd!!!!D com!

On '.Iou h:a~e a npJ'llIl'llum~ I\Ubsl:ripl.tan til Thll Bootleg? If IlI)t, !ben '.100 ate &eROllS!>jI ml5S1!\9 out on.al the lop CBrdIn!ll QlVeIage VIe. pfG'JIQe. de\ly 01\ OI.Ir BWmIwlnnlne website srsn up today tor 1he blggesl, bedQeSt and 1:IBSIIll Slanfnrd apar\ll C(lVIJ'ag8 With Tha800tlag com ~1 Ad The BoDIIEl9. "WE WRITEr

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roolball > SllInford

bttp=lIstanford.scoutcoml2/936969.html

5/9/2010

COMPLAINT - Barnett v Dunn et al

EXHIBIT F

Pnnt

e-

Page 1 of2

From: Bill Van Allen (hvanallen@hvc.rr.com) To: DR_ taltz@yahoo.com,

Date: Wed. March 17,20104:17:51 PM Ce:

Subject: FW: Debra Bowen attacks Orly Tartz fund raiser presser sent to BAN I Richard Winger

,

--.-~-. -.--~..:_---~-. ------ - ------'1

!o~ !!!~A':.~q~ I

J

Dear Richard,

The field of Republicans who want to unseat Debra Bowen as Cal.Fornla's Secretary of State IS now set, and we JUst receIVed some amazmg news - Orly 1altz. the leader of the socalled 'blrlhe," movement that has spent years challenging President Obama's citIZenship, is runmng against Debra for Secretary of State.

Please contribute today to help Debra stand against right·

wing Ideologues like Or!y Taltz. and contInue serving the -------------- ... people of Californial

Hf)lp Debra

FIGHT BACK against her ,ightwing opponents.

As you know, wealthy developer Damon Dunn. who says he got Into the mce at Karf Rave's urglng, IS also running for the Republican nommabon Whoever prevails I" the pnmary MUST be taken senously because of their ability to raise money and distort the Issues Ihrougn their nallonal nght-wlng networks

CONTRIBUTE »

any TaJlz' candidacy would be amusmg.f It weren't so senous Her pnmary reason for runnrng IS to challenge President Obams's C1hzenshlp and Invahdate the 2008 elscnon In fact. Tallz has sued Debra twlce to try 10 InvalIdate Obams's VictOry

We can't let fringe conspiracy theorists use this office to gel a foot in tho door and undermine our democracy.

Debra's opponents are well connected, and heve !he abIlity to false large sums of money from eaoss the counlry We must make sure she has the resources to beat them

Please contributetuday to help Debra stand against rlght.wing ideologgAA.like Ollv Taltz. and continue serving the people of CaUfomJaL

We can'l underesbmate the Importance of thIS race. The Secretary of Slate IS !he one person 10 state govemment who IS responsible for the Integnty of our elecbons Ivi we saw In Fronde In 2000 and m OhiO four years later, we need publiC sewaols we trust In this posmon, not people With a politICal agenda

Debra has long served the people of cahfomla with Jntegnty We need her In the Secretary of State's office, not 8 consptracy theonslhke Orty TadZ

Please contribute $25 Dr more today so that Debra can defeat arty Tala and her financial backers - whose sole goal IS 10 challenge President Obama'a cItizenshIp and nght to be Preslden~ of the Umted Slalesl

Thank you for your support We must do all we can to re-elect Debra, and fight against the nght-wmg radicals ba~ngheropponen~

bttp;/lus.mg2.mall.yahoo.comldclJaunch?gx= l&.rand9)chubvsiqntii&retry= J

519/2010

California Focus SyndlcaeOlumn: A DOWN-THE-TICKET RAC&rH TWO LIKE... Page I of3

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A twu;e-we!lkl)' IIyndlcaled tlSl\'Spaper column on Callfomla pubhc affairS

California Focus Syndicated Column

FRIDAY. MARCH 5, 2D1D

A DOWN-THEwTICKET RACE WITH TWO LIKELY WINNERSJI

CALIFORNIA FOCUS

FOR RELEASE TUESDAY, MARCH 16,2010, OR THEREAFTER

BY THOMAS 0 ELIAS .

·A DOWN·THE·TICKErRACE WITH TWO UKELY WINNERS·

No one In California pohUcs gives 33-year-old Republican Damon Dunn much chance of unseabng Oemocrabc Secretary of State Debra Bowen thiS fall

Not only is she a well-entrenched paldl.caI veteran. but even Dunn, a Baptlst pastor and former football player turned Orange County-based real estate developer and shOPPing mall owner, concedes she has a record of accomplishment In her first four years of holdIng stateWide offICe. especially when It comes to restonng voters' faith In the state's vObng techniques

·She gelS credit fOr restonng some Inlegnly to the process,· Dunn said In en mtetvlew, refemng to Bowen's mIIIew of electroruc voting machmes and the resulting relUm to large-scale use of paper ballots In fact, she gets so much credit that as of early March, DUlln was !he only declared Repubflcan candidate running agamst her There was sun a POSSibIlity that another might lump In: Orty TallZ, another Orange County figure who IS a leader of the ·blrlhe~ movement that quesbons whether PresIdent Obama IS eligible for his Job

·But Dunn, !he only Republican now campalgnmg, enthusiastically and uneqUivocally says he wdl wmlhls fall and become Cahfomla's first Afncan-Amencan stateWlde officeholder smee Mewyn Dymally was lieutenant governor In the late 1970s

But he won't be bliter If he loses Ul'm not In tins to Win, I'm In thIS to help,· he declares "ThIS stale made me. My mama had me when she was 16 I was on welfare Few people have lived poorer than me "

He oescnbes growmg up 10 a family of 10, but stili domg well enough academically and athlelll:;ally to win a Stanford Untverslly foolball scholarshIP and laler play on four National Foolball League clubs. He admIts never lIobnQ unbl Jast spnng's speCJaJ electton, saVing, "My family dIdn't vote - that was a bad habil"

But he lnS1Sls his Ideas for the office are good and that hls not havmg voled In the past shouldn't maHer as he seeks to be Callforma's clllef elechen offiCial ~Not VObng has nothing to do With the wor1c,· he said

Part of what he envISIOns "Only the secretaI)' of state gets a nonce whenever a busmess m California shuts down or leaves,· Dunn SaId ·The secretary of state ean Sx8llllJle the exact reasons and try to get somethmg donB about them I would assign one of the eIght apPoIntees the secretaI)' of state gets to that task alone·

He also thmks he can reach out to other non-volers better than Bowen "Who can reach non-voters better thall a recovenng non~vote(;J· he aslcs

AboulMe

Callfomla Focus

Thomas Elias wnlelllhe syndicated Callromla Focus column, appeanng twice weekly In 93 newspapen; around Callfomla. With cm:ulallOn over 2 2 millIon Henas won numerous awards from organlZsuons like tile Nauonal Headliners Club, !he California Newspaper PubllsheJS AssOCIation, Ihe Grealer Los Angeles Press Club, and the CailforY1I3 Taxpayers AssOCIation He has

bttp:J Iwww.califormafocus.netl20 1 O/03/down-tlcket-race-Wltb-two-likely.btml

5/912010

Cahforma Focus SyndlCecOlllmn: A DOWN-THE- TICKET RA~ TWO LIKE... Page 2 of3

Bowen says she'll gtadly debate Dunn somebme aftEll'"!he June pnmary eJection, but says tns Ideas are nawa. tf Ideallsbc

"Most businesses. that close down are not leaVIng !he state, ~ she said "Even 10 good limes, only one In eight busmessas tnat starts up will SUNlve the first year A lot of closures are due to bankruptcy, too, ami the economy Busmesses are clGSlng" at about the same rate In every pari of the country So If you followed up on every dosure, you'd be wasting a lot oftrme •

And when It comes to new voter outreach, she said, "You discover that thiS Is a huge state and !hem's a hmlilo how many places you can aclually go So we accomplish a lot of outreach through partnerelups with businesses and umons and chambers of commerce and schools. You have to create relabonshlps and then leverage them n

One thing Bowen doesn't buy IS the nobon that Dunn's candIdacy IS !he producl of a plot devised by Repubhcan strategist Karl Rova, fOllg the chief pollbeal advISer to former PreSIdent GeorgeW. Bush, for the GOP to take control of the nabona! electron process at the slate level

Some Democrats dalm there 15 such a Rove-led conspiracy, an extenSion of the belief that former Florida Secretary of State Kathenne Hams threw the 2000 election 10 Bust. and former Oluo Secretary of State Kenneth Bla~1 did the same fur hJm m 21104

The belief thai Dunn might be part of such a plan was furthered by a newspaper repon that Rove now advises Dunn "In fact, says Dunn, he bas met Rove my once, fleetingly. "He wou1dn'\ remember my name I wasn't even a candidate when I met tum," Dunn said -Nobody recrurted rna I wish they did because It would be great to get soma donallons."

Bowen scoffs at the Idea of a ROVlan plot "I'm not much for conspuacy theones,~ she said "BeSides, I don't think Karl Rove would exacUy be an asset m Cahfornla ~

Even If he wem, It would stili be dlffiClJIt to unseat an Incumbent WIdely credited With restormg electoral confidence to CalifornIa Where does that leave Dunn? Probably willi a promislIlg future, especially sincs be's shown a WIllingness to serve a campaign apprenticeship that WIll gIVe him a leg up In future electIOns

Whlch IS why this Ctlntest mIght be the: IBrs one that produces two winners

-3D-

Ema~ Thomas Elias at Idehas@aol com HIS book, "The Burzynski Break.tI1rougn.n IS now aV8Ilabla m a soft cover fourth e(bllOn For mare Elias columns, VISIt www califomJafocus net Pos!ed by CahfOl11lll Focus III !...!!..eM

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1 comments:

Anonymous said

Dunn claJms he didn't vote In !he last preSidential elecbon, but says Obama IS hiS hero I'm not bUYing It. People should he aware that Dunn ows a registered Democrat for 10 years and failed to disclose that on his reglslrabon he IS also Ineligible to run as a Republican because he has only been a Republican for 8 months. TIns guy IS a shill for !he Democrals to prevenl Orly Tallz !tOm wmnlng because lhey know she IS not gomg to anow Obama on the ballol," 2012 Wllhout proof he IS natuml-tJom Umted States ClflZeo

been namrnated three tunes for the PUIIIZer Pnze In dIstInguished commentary elias IS the author of two books, "Tha Burzynski 8reaklhrough The Most PromiSIng Cancer Treatment and the GCI'Iemment's Campaign to Squelch Ir (now 111 tis thlre! edrtlon. also pub~shed In Japanese and recently opboned for a teleViSIon moVJe) and "The SImpson rnal JO Black and White," co-aulhored WIth the late Deml1$ Schatzman

Vuaw my complete profile

Followers

1 Follow I

With Gooale FtJend Connect

_Follo'Wefli (15)

• .a. • ••• 1tIra~ ~~r.I

810g Atchill8 "

l' 201Q (38)

• May(2}

.. April (10) l' March (8)

BIG OUT -MIGRATION SLOWDOWN SHOULD ENO A. FALSE POll __

DID POIZ!I!ER WAIT TOO LOIIIG?

WILL BROWN DO THE SAME?_

GOOD RIOPANCE 10 IHE CQN.CON CONCEPT

COUNTING lUEGALS: Irs THE. LAW AND Irs GOOD FOR

PARTIE!; DON'T G;T IT AS VOTERS DEClARE: rNDEPENDENC. _

WILL RIVALS BE FOILS FOR A CANNY4ERRYBROWN?

IMMIGRANT AMNESTY L!TTLE CHANCE THIS YEAR

A DOWN.THE-TiCKET RACE WlTH TWO L!KEJ. Y WINNERS"

... Febmal)' (B} ... January (10)

... 2009180}

http:J iwww.califomiafocllS.netl2010/03/down-bcket-race-with-two-likely.html

51912010

COMPLAINT - Barnett v. Dunn et al

EXHIBITH

e

I

DEBRA BOWEN i SECRETARY OF STATE STATE: OF CALIFORNIA I ELECTIONS

1500 nth Street, 5th 0001:1 S.iUTcllDen~ CA 9sB~1 Td (g16) 657~2166'FitII: (916) 653-32l41 WWW.sDs.ca.gov

March 23, 2010

Pamela Barnett

2541 Warrego Way Sacramento, CA 95826

Dear Ms. Barnett

We are responding to your recent complaint regarding what you perceived to be our failure to act on your 12109/09 letter questioning Barack Obama's birth records You also provided a notarized certificate of acknow1edgement as required for complaints alleging a violation of Trtle In of the Help America Vote Act (HAVA). However. your compJaint was not treated as a HAVA complaint because you did not allege a HAVA violation.

No authority exists to require the Secretary of State to make an inquiry in10 or demand detailed proof of citizenship from Presidential candidates. Elections Code section 6901 required the Secretary of State 10 provide local elections officials with a certified list of the names and party affiliatrons of candidates nominated by their respective parties to appear on the November 4, 2008 Presidential General Election ballot. After the election, Elections Code section 15505 reqUired the Secretmy of State to certlfy to the Governor the names of the electors receivmg the highest number of votes.

The Secretary of Stal.e does not have a clear or present ministerial duty to demand documentary proof that any past or future Presidential candidate is qualified to serve as President of the United States. Government Code section 12172.5 provides that the Secretary of State I'shat! see that state elect'on laws are enforced ,II but does not Impose such a duty. As no law requires the Secretary of State to demand proof of citizenshjp from Presidential candidates, there is no duty to act under GC 12172.5.

For your Information, the apprDpriate remedy for an issue concerning the qualifications of a President is an acnon before the United States Congress pursuant to the Twelfth Amendment to the United States Constitution and 3 U.S.C.sectlon 15.

Sincerely,

Election Fraud Invesbga1ion Unit

December 9, 2008
Pamela Barnett
2541 Warrego Way
Sacramento, CA,9582.6 lI) .... ~ L
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Sacramento, CA. 94814 1'" I object to the Electoral College mem bers votes bemg given to Barack Obama, tI Ie Democrat Party Nominee for porus, because: I em not satisfied that his lnrth records mdrcate he IS qualified for the office of PresIdent under the requirements of ArtJde II ohhe U.s Constitution. and because he has not made hIS birth records avaIlable to answer the question notwlthstandmg havmg been sued on that Issue In CDunS across the country Ohama's HawaIIan CertlfJcatJon of live BIrth has been considered to be a fraud by document experts Elfen rf Obama's COlB were authentic, Hawamm Jaw allowed ~forelgn" births to registered at the year Obama reponed hnnself to be born, 1961

Futhermore, even lfObama was bom In the United States, he would NOT be consIdered a Natural Born onzen because his father was a Bntlsh Citizen from Kenya Obama admits being a Brmsh citizen at brrth and then two years latertllscltJzenship was lawfully changed to Kenyan citrzenshrp of which he kept unnl he was in his 20's. There are cases before the Supreme Court nght now to attempt to r:.lanfy this situation

If you were to allow the electoral vote to happen and then tt IS determined that Obama IS NOTa natural born citIzen. he would then become a Usurper which would put our country In a constnunonai CrISIS Please do whatever It takes to avoid th,s cnsis 00 NOT ALLOW THE ELECTORS TO VOTE FD R OBAMA UNTIL IT IS PROVEN HE ISA NATURAL BORN CmZEN I demand that the state ofCahfoml1l hire a document expert to perform their OWn investigation mto Obama's COLB to determlna If he com nutted fraud

I have sworn affidavits from document experts If you would like these for the file I also have additional research to assist you If needed

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USPS - Pnnt Order Smnmar:e

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Prin1ed Domestic Labels Transacllon fI. 163359994 Charged to VISA .. "*- .... 9728 labels Included 1

Pnnt DaleITIma 3IBl10 4 14 55 PM CST

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SECRETARY OF STATES ELECTION FRAUO INVES

15GB 11THSTFL5 SACRAMENTO, CA 95814·5701

Ship Date 03108110 Weight Olbs 100z . From 95B26

Pnorrty Ma~ FJat Rata Env $4 75

DelIVery GonflnTl SO 00

Label Total. $4 75

Delivery Cormrmabonl» Label Number 9405 50'S 99300166199395

Domestic Order Total: $4.75

https:J/sss·web.usps.comlcns/orderSummaryVIew.do?orderId= J 63359994&submltControl=... 3/8/2010

COMPLAINT - Barnett v. Dunn et al

EXHIBIT I

Apnl2,2010

CPT Pamela oamett. U.sA Retired 1541 Warrego Way

Sacramento. CA, 95826

Attorney Genetal'$ Office CarifomJa Depar1ment of Justice Attn: Pubbc InqUiry Unit POBox 944255 Sacramento. CA 94244-2550

Fax:(916)32~41

HE: CR'MINAL COMPLAINT AGAINST DEBRA BOWEN, 5ECRE1"ARY Of STAT£

ThIS IS iI aiminal complaint 3lJ1IRst secretary of State Debra Rowen for committing Mispnsion of Fraud by ra Iling to act on mv fraud complaint {registered with her offit:e Dec. 9, 2008 - attached} that alerted her that Baraclr HUssein Obama's online (Internet) HiJWaii CertificlJtion of live BlrtI1s (3 versions in tat.d) are all fargenes and that there were affidavits filed in court that confirmed the fr3ud. I had asked her to perfonn an Immediate in..rest/gatlon and ha1t the elector's vote until tile investigation was completed.

As, evidenced ))y a letter I received from the sea-etary of state ElectiOn Fraud InvestiBation Unit (dated March 23- attached), III response to my fallow-up letter {letter dated March Th. attached), Bowen fa,Jed to investigate the fraud that she was Informed of that affected the out£ome of the california eJection of Barack Obarm. It IS her duty CIS the State Representative of eJections to ensure legal elections. She has failed to do thiS by ignoring electIOn fraud.

C!}Vering up feloov fraud Is Mlsprislon of felony Fraud. if your office falls to IOvest1gate the Obama forge.rles, you ate also cultv of misprision of felony fraud.

AS a california cltizen and a regIStered California voter who \loted in the 2008 Presidential election, I fullyexpett you to prosecute Secretary of State Debra Bowen for mispriSIon of fraud and Investigate the document forgeries put forth by Barack Hussern Obama. Bowen should also be removed immediately from her position of Secretarv of State as she does not ensure legal ele.ctions. The Electh:m Fraud Investigation Unit wrongfully dismls5@Stheffilud complaint. be.Ciuse they say the 50S does not have the responsibility to vet candidates; however she does have the duty to Investigate and ensure prosecution in matters of election fraud.

I pray that Edmund °Geny" Browo, AG. and hiS office '-<Ire more about our Counuy and the rule of law than hts poUtial career and they fulty investigate Ibis fraud performed by Obama and his supporters, as well as the crime of misprision of felony fraud by Secretary of State Debra Bowen.

Cc: California Governor's Office. Federal Buteau of Investigation. Department of Justice

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I

SECRF.TARY OF 51'1\1'£

STATE OF CALIFORNIA

ELECTION COMPLAINT FORM

For Help America Vote Ad (HAVA) complaints or other election-related complaints.

Important Please Type or Print the information on this form.

COMPLAINANT INI:iORMA TlON -

First Name: efrtY£Ll4- Last Name: _j,,;.c~~- ~=~=-'..l...i- __ ---=::-,---- _

Street Address: SJ5'1 i 1~/AME60 &J(1J! Apt #: City: :»(.frl,~ State.~~~_

Zip Code: ':}.s-ia., Daytime Phone. f'l&1M. - H;t?· Evening. __ '--_---

Fax Number: . Email: ~ bel. rL\r e £!a,.3' Q C:jc,,,=ZtZ" C::.cOa,

PERSON(S) OR ORGANIZA TfON(S) AGAINST WHOM COMPLAINT IS BROUGHT

Name(s)~ ()EJ! RfT 6 c; ~

Organrzation(s). 5eccR$V'J4 of- S tp.Ie..

. Posltion(s) of person{s) (if applicabrdj· S:ec £ ~f:rd ry OF- Sm te

STATEMENT OF FACTS

Oate(s) and tJme(s) aJreged event{s) occurred: I ~ I £: J 0 a --

Locatiol'1(S) of alteged event(s): k1a I •

Names and phone numbers of Witnesses. or other victims (If appJicable).

If your c plaint alleges a violation of THle III of HAVA, a notary public must

complete the following certificate of acknowledgement.

DEBRA BOWEN I SECRETARY OF STATE STATE OF CALIFORNIA I ELECTIONS

1500 mhStreet. sth 8OOl1 Sac:tamento, CA 958141 Tel (~16) 651-2166 I FiIX (916) 653-32141 www.sos.ca.gov

March 23, 2010

Pamela Barnett

2541 Warrego Way seeremento, CA 95826

Dear Ms. Barnett:

We are responding to your recent complaint regarding what you perceived to be our failure to act on your 12109/09 letter questioning Barack Obama's brrth records You also provided a notarized certificate of acknowledgement as required for complaints alleging a Violation of Trtle III of the Help America Vote Act (HAVA). However, your complaint was not treated as a HAVA complaint because you did not allege a HAVA violatIon.

No authority existste require the Secretary of State to make an inquiry into or demand detailed proof of citizenship from Presldentia! candrdates, Elections Code section 6901 required the Secretary of State to provide JocaJ ejections officials with a certified list of the names and party affiliations of candidates nominated by their respective parties 10 appear on the November 4, 2008 Presidential General Election ballot. After the election, Elections Code section 15505 required the Secretary of State to certify to the Govemor the names of the electors receiving the highest number of votes

The Secretaf}' of State does not have a dear or present ministerial duty to demand documentary proof that any past or future Presidential candidate is qualrnsd to serve as President of the United States. Government Code section 12112.5 provides that the Secretary of State "shan see that state election laws are enforced,',' but does not Impose such a duty. As no law requires the SecretalY of State to demand proof of citizenship from Presidential candidates, there is no duty ~ act under GC 12172.5.

For )'our information, the appropriate remedy for an issue concernmq the qualifications of a President is an action before the United States Congress pursuant to the Twelfth Amendment to the United States Constitution and 3 U.S.C, sectron 15.

Sincerely.

Election Fraud Investigation Unrt

Decernber 9, 2008
Pamela Barnett
2.541 Warrego Way
Sacramento, CA, 9582.6 U) ~ l.
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Sacramento, CA. 94814 P' I object to the Electoral College members votes being grven to Baraek Obema, the Democ.rat Party Nom'nee for POTUS, because I am not sausned that his birth records mdlcate he Is qualJfied for the office of President under the requirements of Article II of the U.S. Censtrtution, and because he has not made hIs birth records avaIlable to answer the quesnon notwlthstandmg having been sued on that Issue In courts across the country Ohama's Hi)wauan Certification of Uve BIrth has been considered to be a fraud by document ~xperts. Even if Obama's COLB were authentic, Hawanan faw allowed Hforefgn" births to registered at the year Obama reported himself to be born, 1961.

Futherrnore, even If Qbama was bom In the UnIted Slates, he would NOr be consieerec a Na[ura~ 130rn CItizen because his fatherwas a Bntlsh Citizen from Kenya Obama admits being a Bntlsh crnaen i'ltbuth and then two years later his cItizenship was lawfullv changed to Kenyan CItizenship of whIch he kepi untrl he was In hIS 20"5. There are cases before the Supreme Court nght now to atter.1pt to tlanfy this SItuation

If you were to allow the electoral vote to happen and then it IS determined that Dba-rna IS NOT a natural born citizen, he would then become 11 Usurper which would put our country In a Constttunonal cnsrs Please do whatever rttakes to avoid ttus cnsis DO NOT ALLOW THE ELECTORS TO VOTE FOR OBAMA UNnL IT IS PROVEN HE ISA NATURAl BORN CITIZEN I demand that the state of Cali foml a hrre a document expert to perform their own mvesngation mto Obama's eOLB to determine If he committed fraud.

{ havE! sworn affidaVits from document experts If you would like these for the fIle. J also have addItional research LO assist you If needed

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CERTIFICATE OF ACKNOWLEDGMENT ForHAVA TIUe m complaints only.

Stale of Califomia }

County of ....:'!~~_-..!....~_1 -

• personally appeared

who proved to me on the basis of satisfactol)' evidence to be the pe~nEetwhcse nam~re subscribed to the within instrument and ~cknowredged to me that hef~ey executed the same in hl~~ir authorized capacity(iEmJ. and that by hi~ir signatufe{sfon the instrument the person(s1. or the entity upon behalf of which the person{sracted. executed the Instrument

I certify under PENALTY OF PERJURY under the laws of the State of California that Uie foregoing paragraph is true and correct.

VV1TNESS my hand and official seal.

, ~ .....

" .

NOTARY PUBUC SEAL

Return this form to:

SECRETARY OF STATE'S OFFICE ELECTION FRAUD INVESTIGATION UNIT

1500 11TH STREET, 5TH FLOOR, SACRAMENTOt CA 95814 For more information or assistance:

English: 1-800-345--VOTE (8683) Spanish: 1...aOO-232-VOTA (8682) www.sos.ca~90v

NO. 29473

IN THE SUPREME COURT OF TIfE STATE OF HA WAIl

CONSTITUTION PARTY; ALAN L, KEYES; ) ) ) ) ) ) ) )

CRONrn in his official capacity as the Chief .) Election Officer for the State of Hawaii; JOHN )

DOES 1-50; JANE DOES )-50; DOE )

PARTNERSHIPS 1-50; DOE )

CORPORATIONS 1-50; AND DOE )

ENTITIES 1·50 )

) )

Plamnffs,

vs.

LINDA LINGLE in her offiClaJ capacity as Governor of the State of Hawaii; KEVIN B.

Defendants.

F 1A~1l"'" Cl_o\S,.uh, Thml.\Elecuo" Ch.aUOIlS""'-"".JIII""" D.8JflIIIln Ibpcn Deda""'Qn "'pd

ORIGINAL PROCEEDING

DECLARATION OF XXXXXXXXXXXX; EXHlBIT A

DECLARATION OF XXXXXXXXXXXX

IJ XXXXXXXXX:XXX, declare as follows:

1. I am Dr. xxxx.xxxxxxxx, and lhold a PhD m Instructional Systems With 25+ years of

post-doctoral work experience, and a Masters Degree m Educanonal Research, Design, and Testing

I have worked With computers and computer pnnters, plotters, and optrcal/dignat scanners, typesetnng,

offset pnnnng, and automanc typewriters, for over thirty (30) years. I am submtttmg this opnnou

anonymously because I work for a government contractor and need to remain anonymous 10 order to keep

my employer free from any ramificatrons due to presenting thIS 0plDlOD. In addition, my family needs

the opinion to be anonymous due to the nature of my work.

2. In my professional career I have held posmons as a Computer Programmer, Web Designer, M edia

Consultant, Research Director and Stanstician. I have testified as a S tansncal Expert lD Governmental

beanngs over the last twenty (20) years.

3. J began workmg with computers on or about 1969 and with graphic arts smee ] 965. I have worked WIth document image scanners smce ] 982 and with digitaJ images and digital editmg soft ware since J 987. I have received professional traimng III the use of Adobe Photoshop and Image Ready software with a particular focus on creating web graphrcs, I have also worked With laser pnnters since 1986.

4. My father was a professional photograpber who taught me how to use high-end cameras,

such as a Hasselblad he gave me when I was eight (8) years old. and have been usmg them ever Since. In addmon to USIng DLR and SLR cameras. and running a film developing studio, I started usmg digital cameras III my work field on or about 1998

5 WIth my combmed work expenences and education. I am more than capable of detecnng anomalies on dignal Images and pbotographs, whether naturally caused or man-made, as well as determmmg how the were created, and rf they were subsequently modified.

6. Dunng the Barack Hussein Obarna's [herem after "Obama"] Presidennal campaign, there have

been numerous rumors csrculanng about Obama's cmzeaslnp status.

7. Jsm Geraghty, a Writer for National Review magazme and the National Review Onlme, posted a stOIY to bis blog, the Campaign Spot that appeared m the National Review Online, raising issues that Obama was born lD Kenya, his middle name was really Muhammad and Obama's first name was really Barry. Mr. Geraghty stated that several Reporters had asked for a copy of'Obama's birth cernflcate, but, all requests were subsequently dented. Mr. Geragbty further stated Obama could answer the questions regarding the time and place ofbis birth, crnzenslnp status, full legal name, and the names of'lns biological parents, ifbe would simply release for mspecnon, a copy of his ongmal, long-form birth certificate.

2

8. The Dally Kos blog, a pro-Ohama website, posted an Image, measunng 2421 x 2369 pixels, at 300 DPI thatthey claimed was a scanned copy of o bam as "ongmal birth certificate," sentto them by a spokesperson for the Obama Campaign. Before cropping, this document unage measured 25 50 x 3300 pixels, By the end of the same day. the Obama Campaign posted a duphcate copy of the same cropped Image on their website, My.BarackObama.com, but this Image copy had been proportionately reduced 1n size by approximately 42% and saved at a lower resolution, The size of t1us particular rmage was ) 024 x 1000 pixels at 100 DPl WIlli tlus Image, Obama's Campaign placed the followmg statement on their website:

"You may have recently beard nght-wmg smears quesnomng Barack Obama's birth certificate and cmzenslnp, These assernons are completely false and designed to play IOta the worst kind of stereotypes. You can see Baraek Obama's b1rth certificate for yourself and help push back. With the

truth ... "

9. The very next day, the Obama's Campaign removed the document Image from their Campaign website, and posted a resized copy of the same document Image to a new website, "Figh; The Smears" (fightthesmears.com), but only after further reducmgtbe copy size to 585 x 575 pixels, WhICh was almost half the size of the original posted unage, and one-thrrd of Its quahty. .

10. Also, Pulmfaet.erg, a pro-Obama fact checking website, pubhshed a copy oftbe same Image as posted-on the Dally Kos, but also disproportionately reduced It to 811 x 786 pixels, or 1/3 of 1 ts size and 1/6 of its Image quality.

11. Factcheck.org, a pro-Obama fact checking website posted a fun-SIZed image copy of same document image that appeared on the Daily Kos and Obama's "Fight The Smears" websues. Factcheck's Image copy was rdenncal to the Daily Kos rmage copy. but was not cropped to the

3

borders. Factcheck.org IS rUD byObama supporters and is funded by the Annenberg foundation through tbe Annenberg Public Policy Center of the University ofPennsyivama.

12. Factcbeck..org made the following statement to explain how they recei ved their Image copy.

"Bloggers reised questions based on the absence of evidence, specifically the lack of a pubhcly available copyofa birth certrficate and the supposed secrecy surrounding it", Accordmg to FactCheck, Tommy VIetor at the Obama campaign sent a message to them and "other reporters" saying, "I know there have been some nnnors spreading about Obama's cmzenslnp, so I wanted to

. make sure you all had a copy of lns birth certificate."

13. Three months later, no other "reporters" have ever received a copy of this "brrth certificate II image, or any other brrtheemficate Ullage. from Tommy Vietor orfrom anyone else connected. WIth the Obama Campaign. As noted above. the only parnes outside of the Obama Campaign to have ever received a copy of this "birth certificate" image are (a) The Dally Kos, a pro-Obama blog. (b) FactCbeck.org. a pro-Obama po1itical research group, and (c) Pohtifact.org, another pro-Obema pohtical research group. It IS also worth mennomng that no copy of the reverse side oftlus "birth certificate" document was ever scanned. a side that contains an of the official certification mstruments, such as the official Hawauan Seal, State Regsstrar's SIgnature, and date stamp of when the document was printed.

14. I noticed that the unages posted on the Internet purportmg to be the "ongmal birth certificate" of Barack Hussein Obama, did not look like a regular birth certificate: On the top of the Image border was the phrase, "Certrfication of'Ltve Birth". Unlike tradmonal birth certificates, this lmage did not show the hospital name where Obarna was born, did not have an attendmg physician's

4

" signature, did not have any signatures by the parents, or any of the other ldenhfying information which "ongmal" birth certificates have.

1 S. After reviewing the nnages purportmg to be Obama's "ongmal bmh cerufica1.e.~n 1 contacted the Hawaii Department of Health and asked numerous questions oftb.e Office of VItal Records and of the State Registrar, whose signature appears on all certified birth documents.l subsequently learned that this document, called, a" "Ceruficanon of'Lrve Birth," (COLB), is only a transcript of a birth record on file. This "Certrficanon of'Lrve Birth," (COLB). is a computer-generated graphic that contams only a lnmted amount ofmformation retrieved from a person's birth record on file, and is not the same thmg as an onginal birth certificate: It cannot be used to obtain a passport or to prove that its owner 1S a natural-born US cmzen, I also learned that, after this paper document IS pnnted, It bas to be cernfled or validated by rmpnntmg on It a special, embossed sea]. a rubber date stamp showmg when the COLB was prmted, and lastly. a rubber stamp contaimng the SIgnature of Haw au's State Registrar. I also noted that the embossed Seal and Registrars Signature stamp were not VISI bJe to the naked eye. The date stamp. however, was partially visible, 1D reverse, as the mk had apparently bled through from the back to the front Side oftbe COLB paper.

16. Although there are four differently-srzed tmages placed on four different websites, they were all copied from the same document Image. In addmon to posting a copy on their FIght The Smears website, the Obama Campaign emailed copies to the pro-Obama, Dally Kos website, Annenberg's Factcheck website, and lastly. the St. Petersburg Tunes, PoHtifaet website. Found on all four nnagea is a smell, telltale object (actually. a piece of dirt left on the scanner glass) confirmmg that all four of these Images were COPIed from a single document Image. As I inspected the highest-quahty Image

5

copy available (found on the Daily Kos), I saw anomalies In the tex.t that would never exist 10 a genuine scan of a real document,

17.· After enlarging the image four times Its size, I noticed that the text in the Image bore the SIgnS ofbemg graphically altered after the Image bad been created. Specifically, given that the text an a COLB 18 pnnted on a. green background) there should be green dots, or pixels, visible m between the black letters that compnse the text. What I found was almost the total absence of any green pixels. In their place. I found gray and whIte pixels, These pixel patterns are significant because they would never be found in a genume document scan. To vahdate my findings that the text 10 this COLB document tmage was mtennonally altered, and that the pixel patterns were not naturallyoccurring pnnter or scanner artifacts, I made over 700 test scans and Images usmg an actual paper COLB and dIfferent scanners. By trymg different combmanons of scanmng and Image parameters. I was final1yable to rephcate the Kos image so close1y that other image experts thought It was the same Kos nnage, and not my "clone." From this date forward, when I first discovered the evidence of Image tampering, and regardless of the unfamihar format of the COLB and the questionable rnformanon It contained, I collected a great deal of addinonal evidence, that the scanned Image alleged to be a true copy of Obama's origmal COLB was forged, and that ttns altered image of en official state-Issued document IS nothmg less than a false idennficanon document as defined by Chapter 18, Section 1028 of the U mted States Code.

18. All afmy findmgs pertain to a Single source mage from which the Obama Campaign made four. (4) copies. These copies were posted to four dIfferent websites: FtghtTheSmears.com) DailyKos_com, FactCheck.org, andPolitifact.com, as referred to and descn bed above. These Images

6

are still posted on these websites, and are desert bed In my Final Report, which is attached hereto and incorporated m by reference as Exhibit "N1

19. Shghtly more than two months after the publication oftbe COLB Image on the Dally Kos and Obama's Campaign website, Factcheek published a story, Born in the U.S.A., In whiCh they presented mne dsgital photographs that they allegedly made ofObama's "real, paper COLB'· at lus campaign headquarters - the same COLB used to make the document Image they posted on June 16. Without a doubt, the COLB image that Factcheck posted IS. a forgery, and that Obarna's real COLB, as proffered by Factcheck, is a nonexistent document Facteheek had created a conundrum: If the image F actcheck posted is a forgery of a nonexrstent document, then how can any genume photos be made of It? The answer had to be that both the document Image and the photograpbs were all forgeries.

20. I have thoroughJy examined the photographs that FactCheck published, and have subsequently found clear and irrefutable evidence oftampenng In both the alleged COLE objectth ey photographed and m the photos themselves. One of those COLB objects was, 11] fact, a prmtout of a forged document Image WIth a Seal supenmposed onto It. FactCheck1s photos reveal both tile absence of known, relevant features found on a genume 2007 COLB and the presence of illogical and nnposssble features iliat would never be found on a genume 2007 COW. Specifically, on the COLB objects photographed, the security border closely resembles the border found on a rea12007 COLB. However, both the embossed Seal and the State Registrars SIgnature stamp do not match the same elements found on a real 2007 COLB, but perfectly match those found on a real 2008 COLB; or, 1D other words, something that would never happen t.n real life. Hawau made three nnportant changes to their COLBs from 2007 to 2008, mcludiog the use of a larger certrficate Jayout, a new

7

e

I

security border, and, much to the chagrin ofFacwheck and the Obama Campaign, a. Dew Seal and

Signature stamp.

21. With my experience and specialization in documentimagin~myfindingsareconctusive and

irrefutable, 88 outlined in EXHIBIT "~ n that the COLD images posted by Obama to his campaign

website, fightthesmears.com, to the dailykOs.com, a pro-Obama blog, to FactCheck.org~ a proObllD1:B- political research group, and to Politifact. org, are, in fact, image forgeri_es. created with the intent to defraud the American People into believing that these images were digitally scanned from

Barack Obama's genuine, "original" birth certificate, and that Obama bad satisfied the requirement

of being a natural-bom US citizen.

22. With my experience and specialization in. photography and digital imaging, my fmdings are

conclusive, as outlined in Exhibit uA, II that the COLB photographs posted by FactCheck.org, a pro-

Obama political research group, and to Politifilct.org, are, in fact, photographic forgeries, created

with the intent to defraud the American People into believing that these digital pbotographs were

taken ofO~s genulne, "original" birth certificate, and that Obama was really anatural-bom US

citizen qualified to be President of the United States.

23. Attached hereto as Exhibit "A". is a true and ccrrect copy of my opinions concerning the

Obama certification of live birth, which I previously published and incorporate herein as if fully set

forth.

I declare under the penalty of perjury of the laws of the United States. that the foregoing is true and eorreet,

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18005068304 e·

NO. 29473

IN

THE SUPREME COURT OF THE STATE OF HA WAll

CONSTITUTION PARTY; ALAN L. KEYES; )

.) ORIGINAL PROCEEDlNG

)

) DJlCLARATION OF SANDRA

) RAMSEY LINES; EXHJB1T C

)

)

)

)

)

)

)

)

) .

)

Dcfmidants. )

C\U~~ DwImIbI.rSlJcla.lmIII VIp!

VS.

LINDA LINGLE in her official capacity WI Governor oftbe State of Hawaii; KEV1N B. CRONIN in his official capacity as the Chief BJectionOfficer for the State ofHawaii; JOHN DOE$: I-SO; JANE DOES] .. SO; DOB PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; AND DOE ENTITIES I-SO

DEgA.RATION OF SANDRA RAMSEY LINES

1, Sandra R.amsey Lines, declare as fullows: _

1. I am Sandra Ramsey Lines, with an address at 6100 East Chona Lane, Paradise Valley! Arizona 85253.1 am a fonner &deral examiner and Jaw eaforcement officer. I hogan training as a forensic dowment examiner in 1991. I am a Certified Dilomate with 1be American BoQd of Forensic Document Examiners, a Fellow in 1he American Aademy of Forensic Sciences, a member of the American Society of Questio1Ied Dooument BxgmiD~ a member 0(· the Southwestcm Assaciatinn. of Fotamic Document ~ and a member of the Qucs1itmed DooWl1eAt Subcommittee of the AmeriClDl Sooiety of Testing and Materia1s~ My background and credentials are Bet forth m Exlu"hit I atfaehed heJeto.

2. 1 have reviewed the aItacbed affidavit posted on dIe intemet :fitJm4CJlon Polarik,lt who has declined to provide his DIIDlC because of a number of death tbrea1s he has received. After my review and based upon my years of experience. ·1 can state with certainty that the OOLB . jn't5eDted on the internet by the VDrious groups, which include the HJ>aily K03:' the Obama Cam~ "Factcheck.org" and others cmmot be leUed upon as genuine. Mr. Polarik raises issues ooncenUng the COLE that I can affimt. Software such as Adobe Pbotoshop can produce

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2008:'12-04 10:49

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complete images 01 alter hnaaes that appear to be gmne; theretbmt lillY image offered ooi the

internet cannot be relied upon as being a copy of the autlumtic document. '

3. ..Upon a cursory inspection of the internet COLB, one aspect of the image that is ciemly questionable is the obliteration of 1he Certificate No. That number is a tracking number 'mat would allow anyone to ask the questio~ "Does tbis ntdl1ber refur to the Certification of Live Birth for the child Batack Hussein Obama n?" It would not teVeB1 any further petSbnBl information; ~ thefo would be DO justifiable reason fOr obliterating it

4. In my experience 83 B f'orensie docunlent examinett if an. orisinal of any document exists,;that is the -doeument that mu.st be examined to obtain a definitive finding of genuim:ness or nongenuineness. 1D this case, examintdion of the vault birth ccrti6cate for President~Elect Obama

would lay this issue to rest enee and for all. '

Further. aftiant sayetb not

DATED: December 4,2008.

State of Arizona )

) as.

CoQunty of Maricopa )

.Befort me, CaM".;' R.tNiI~ ~ a NDIaly Public in and for the afmesaid S1ata and COWlty, comes Sandm Ramsey Lim:SJO me known to be the pmsoo whD exeeuted the aforesaid Affidavit, and who acknowledged same to be 1:rIle to the best of his knowledge, infonnatlon and

bellef. .

My Commission Expires: ~4.~1~

P2I2

EXHIBIT I SANDRA RAMSEY LINES

Forensic Document Examiner 6200 East Cholla Lane Paradise Valley, Arizona 85253

BU!iiness: (480) 429-3999 • Facsimile: (480) 429-4677 E-Mail: SRLineS"@eox.nct

CURRICULUM VITAE

EXPERIENCE

]999 - Present Private Practiee. Forensic DOCtiDlEDt Examiner - Conduct exaannanon of questioned documents, which consats of the analYSIs and companson of haedwnung, hand pnntmg, typewntmg, commercial pnntmg processes. photocopies, paper, Inks. and other documentary evidence to detemune ldentity. source, authEntiCity. alterations •. addittons, deleuons, or other germane Issues ExaounatJoDS Include busmess and/or medu:al records . Expert testlIDOIJY expenence m slate and federal courls, and regulatory hearings

1 999 - 2003 IlIteUigence Specialist - Department of the Treasury, Bureau of Alcohol, To bacco and Fnearms, Pboemx Field Division, Phoerux, AZ Served as the mtelhgence coordinator and the Drvrsion's mtelligence expert (5 states), ResponsIble for ascertammg the Diviston'a intelhgence needs, developing and unplemenneg the means to sabsfy such requirements Served as Bureau representative and liaison to outside mtelhgence related orgaruzatlomr, performed analyses of major complex mvesngancns; and provided analytH:al reports of such acnvmes In addition, acted as forensic document exam mer consultant and expert wimess In AU related CDSeS Top secret clearance

1996 - 1999 Senior Document Ana1yst - Department of the Treasury. Bureau of Alcohol, Tobacco and FIrearms, San Francisco Forensic SCIence Leboratory, Walnut Creek, CA Conducted exammauons of questioned documents, wluch ccnsisted of the analysis and companson of bandwnbng, hand pnnnng, typewntmg. commercrel pnnung processes, paper, IDks, and other documentwy evidence Tesbfied In state and federal courts Secret clearance

1991 -1996 Forensic Document Examiner ~ Office of the Attorney General, Phoenix, AZ Eslabhshed questioned documenL labonnory utilIZed by Medlcald Fraud Uruts throughout the Uruted States and developed A2 Pohce Officer Standards and Tralmng approved lesson plan for traming on 'he "Techniques of Queshoned Document lnvestl.gatlon n Deposiuons and testunony In stale courts, CiVIl and regulatory proceedmgs

1985 - J996 SpedDI AgeotlAZ CertUted Peace Oftkcr - Office of the Attorney General. SpCcl[LI Iavesugauons Secnon, Phoerux. AZ 1denUfied, planned, and developed stmlegles for complex

1987 - 1988

]984· 1985

19&3 - 1984

J973 - 1982

CERTIf1CATION

J996

-

I

2

felony mvesllgatlDos, wluch Included. consumer, medical, financial frauds; environmental crimes. political corruption, and other marters,

Assistant Director - Western States Hazardous Waste Project, Office of the Anorney Geneml, Phoemx, AZ. Mmntamed coordmatron and eooperauon between members ID mnln-state program Developed and Implemented lralmng; collected, stored, and dissemmated mfonnatlOn; prepared bl-monthly newsletter

IOYestigator/AZ Certified Peace Officer· Manc:opa County Attorney's Office, Phoemx, AZ Conducted major felony mvesnganons Involvmg V101entcnmes and frauds

Investigator - AZ Board of Medical Examiners, Phoenix, AZ Investigated cnrmnal and CIVIl complaints pertmmng to physicians, pbyslclan asslsianls, unhceased medical prnctilloners, coordmsted complex. rnvesngauons wnh law enforcement and regulatory agencies

Sergeant/Ohio Certified Peace Officer - Cleveland Pollee Department, Cleveland, 01-1 SUpervised platoon of 40 officers in all phases of'pohce work; as a detecuve assignments included VIce, general duty, strike force, and homrcide; and as an evidence techmcll:m/plllrol officer responsible for cnme scene photographs. latent pnnls, and trace evidence as well !.IS all other radio calls

American Board of Forensic Document Bxammers, DIplomate Adverbsmg Editor for the

ABFDE News 1951'7-]999

PROFESSIONAL ORGANIZATIONS

] 998-Preselll Amencan Academy of Foreesic Sciences, Quesboned Document Secuon, Fellow Member 1996- 1997. PrOVISional Member 1994-J995. Eleeted Quesb.oned Document Section Secretary for 2004. "2005. Section ChaIT 2005-2006

) 999-Present American Society of Questioaed Document Exammm, Member Previsional Member 1995- 1999 Member of the Edltonal Board of tbB Joumal of tile American Society of QueslID/Jed Document Exatmners, 1997 to 1004 Bdnor 2004--2007

1995-Present Southwestern Assccianon of Forensre Document Bxammers, Member PWVJSlOna) Member 1993- J994

2000-Presenl American Society of Testmg and Matenals, Member .8-30 Foreoac Sciences Commltlee, Member E30 02 Quesuoned Document SubCOIlUIllUee

EDUCATION

Anzona State Umversity, School of Public Aff~Advanced Pubhc Executive Program and the Stille of Anzona, Phoemx, AZ - Cerufied Public Manager 1993

U OJ verslty of Phoerux, Phoerux. AZ - Bachelor of Arts. Managemen~ 1989

Scotts~c Commuruty College. Scottsdale, AZ - AsSOCIate of Arts. MIlJor - AdlIl1mslraLlOn of Justice, HODoB.1987

EXPERT TESTIMONY lNCLUDES

Federal courts In Alaska, Anzona, Cahfonua, Idaho, Texas, and Washington Slate courts in Anz.ona, Cahfonua, Nevada, and T exas

3

PUBliCA TIONSJPRESENTAT10NS

2008 Speaker: "The Work of the Forensic Document Examiner," Phoenix North Rotary Club, Phoenix, AZ (June 12)

2001 Presenter: "A Thumbnail Sketch of lsi am and Judaism as They Relate to Ferensic Document Examrneuon and the Courts" Paper presented at the 65111 Annual Conference of the Amencan Society of Questioned Document Exanuners. Boulder CO (August 16)

2006 Presenter: "Legal Terms for Expressmg Conclusions In Court" Paper presented at the 64th Annual Conference of the Amencan Society of'Quesuoned Document Examiners, Portland, OR {August 22)

2006 Publitatiol'l: "Examinal!on of a 'Velasco' Signature on an OJ 1 Palntlng~' Published In the Journal of the Forenmcs Scie1Jces, July 2006. VoL 51, No 4, pp 929-933

2005 Publication: "A Study of'Business Letter Features >f *Lmes and Randy B Carodme ·Research presented at the S7d. Annual Meeting orlbe Amencao Academy of Porensic Sciences, New Orleans, LA (February) 2005, and at the Southwestern Association of Ferensic Document Exammers, Monterey, CA (March) 2003 Published In the Journal of Forenstc Sciences, Vol 50. No 4, July. 2005, pp. 924-927

2005 Speaker: "Forensic Document ExwrurultJ.on "Tempe Rotary Club Tempe, AZ (June 14)

2005 Pre5tl'lter: "Pubhsh or Pensh " Paper presented at 1he Southwestern ABsOClllllon of ForenSIC Document Exaouners Spong Meetmg. PaIIJl Sprmgs. CA (May)

200S Speaker: "What IS a Forensic Document BJ(aJruDer'r The P .E.O Sisterhood Luncheon Meeltng, Scoltsdale,.AZ fJanuary)

2003 PublicatiDII: "Idenblymg Manufacturer and Dale I;JfManufacture cfCD-RorCD-RW" ·Llnes and

Jared Annes +Research presented at the 61 st Annual MeetIng of the Amencan SOC:lety of Ques.l1oood ' Document Exammers, Balnmore, MD (August) Published In the Journal of the American Soclely of Que:moned Document Examiners, Vol 6. Number 2, December 2003.

2002 Book Review: Wnllng and Deftmdmg Your Expert Report, rile Step-by-Step GUide Wlt~, Models. Sleven

Babnsky and James MangraVltl, Seak, 2002 Review pubhshed In The S01J'''we.~tern Exammer

(September) .

2002 Publication: ''Tnp1et &. SIb1wg Haadwntmg Study 10 Detenmne De~ of Individunhty and Natural Vanauon " ·Llnes and Fr.mJoe E Franck *Research presented at the 60 Annual Meeung of the American SoCI~ of Questioned Document Exammers, SaD DIego, CA (Augusl). Pubblihed in the Journal of tile American Society oJQue.'iimned Document Exammen, VoL 6, Number 1, June 2.0(}3, pp 48-55

2002 Book Review: Opportunities In Forenssc ScIence Careers, Blyth" Camensoa, McGraw H111. 200) Review pubhshed In the ABFDE News, Vol xm. Number 1 (January)

200] PubUeation: "Yoeme The Ynqw Alpbabet," Research presented at the 20111 Anniversary Mee.mg, Soulhwestern Assoembon of ForensIC Document Exannners, Tempe, AZ (September) Pubhshed The inlef7U2uonol Journal o/Forenslc Document Examiners, Vol. 6, No 1, Apnl2003 (en-nne)

200 J Publieatioo! "DlIle Bizaad. The NavajO Alphahet," Research presented 591h Annual Meetlllg of the

Amencan Society of Questioned Document Bxammera, Des Momes. )A (Augusl) Published The

InternaiwJlal Journal ojForen,':lc Document Exami"e~, Vol 6, No 1, Apn12003 (on-hne)

4

J 999 PubJitation: "Normal COlne-of-Busmess Records v. Manufiu:tured Records" ·Sandra Ramsey Lmes, Jan Seaman Kelly. and Diane K Tolliver. *Research presented at the 57th Annual Meeting of the Amenean Society of Queslloned Document Exammers jointly held WIth the Internauona] ASSOCID.tl0n 0 f Forensic SCiences In Los Angeles, CA (August) Publsshed Journal oflhe.Amencan Society D/Questioned Document Examiners. Vol 2. No 1. June. Translated mto Sparusb by Julia E de to. Pei'lll, published IndagacJones documemoles, Bdicronee La Rocca Buenos AIres 2008

1998 Book Review: "Review of the Modern Sqlenlljic Evidence Tile Law and SCience oj Expert Tesillnony," Paigman, D. et al , West,. 1997 Review pubbsbed In The CalifornIa ldenhficallo1JD'gest. Vol 98, Issue 3. (March)

1997 Pnblh:ation: "A Study of the Evolution of Handwntmg from Grades Three to SIX." Published in the Journal o/the Amencan SOCJety of QiU!stloned Document Examiner», Vol 1, No I. June Research presented at the S51l\ Annual Conference of the Amencan SOClely of Quesuoned Document Bxammers III Scottsdale, AZ (August)

]997 Paper. "Mlcrosoft® Encarta@l A Resource for Forenae Document Examiners:' 48th Annual Meeting of the American Academy of Forensio Sciences, New York, NY (February)

1997 Speaker: "ForensLc Document Exammanon; Past and Present"," Bay Counties Idonuficauon Officer's AssoclaltOn, Concord, CA (January)

1997 Book Review: The Casebook oJ Porensic Detecuon;" Cohn Evans, John WI)ey & Sons, NY, 310 pages Renew publssbed 10 The Southwestern ExDmmer, Vol XVI, Issue 1

1996 Publication. "lndenture " Histoncal and legal reseerch of a 1729 document Published In the InternatIOnal Journal 0/ Forensic Document Exmmners, Vol 3, No 3, July/Sept 1997 Presented at the 48lh Annual Mrebng of the AmencaQ Academy of Forensic Scieeces, Nashville, TN [February)

1995 Doc.umentary: "Lenrrung to Wnte In the 1990's" Co-producer (wJLeslle K Rogers) and CO-writer (w/RadEi Tierney) ofUus uurudocumentary film presented With a paper at the S3n1 Annual Ccnferenee offhc Amencan Society of Quesboncd Document Exammers, Chieego, JL (September) and the Fnll Conference oflhe Southwestern Association of Forensic DocumentExauunefll, Las Vegas. NY (October)

1995 Speaker. "Fundamentals of Forensic Document Exammation ,. Arizona Women's Accounlmg SOCLCty, Phoemx, AZ (Apnl)

1995 Publication: "The Effect of Computers on Forensic Document Exauuners." Research published In the In/ernotlOnal Journal of Foreossc Document Exammers; Vol 2. No 1. July/Sept 1996 Presented at lhe 47th Annual Meebng of the American Academy of Forensic SCiences, Seattle, WA (February) and tiu:

Spnng Conference of the Southwestern Assoctanen of Forersie Document Exammers, San Diego. CA (Apnl)

]994 Speaker: "Computer Technology and the ForeDSJc Decument Exaauner," Annual Meeting of !he Computer Users Group, Seeunty D1V1SI0~ Internal Revenue ServIC.C. Scottsdale, AZ (September)

1994 Speaken "ForenSICS and Fraud," KIwarus Qub, Carefree, AZ (July).

1994 Publication: "The Cherokee Syllabary" Research mvo)vmg a Nnbve Amencan alphabet still In use today Published in the Journal af Forensu: Sclfmces. Vol 39, No 4. July Presented at the 46111 Annual Meetmg oflbc American Academy of forensiC Sciences, San Antonro, TX (February) and the Spnng Conference of the Southwestern ASSOCIa.tIOD of Forensie Documeat Exammers, Avalon, CA (Apnl)

1992 Speaker: "The SCience of Exaaurung Documentary EVidence," Arizona Chapter of !he Assoctaaon of Certtfied Froud Bxammers, Phoerux, AZ (Seplember)

5

198.9 Research Paper:. "To What Extent Have Computers and Computer-Generated Documents Impacted on the Role of the Queslioned Document Exammer In LBw Enforcement," Southwestern AssocUl1lon of Forensic DOCUlJleIlt Bxammers, Tucson,.AZ (Apnl)

TEACHINGmDSCELLANEOUS

2008 111Slructor. "Handwritmg, Forensic Records, and the New Age of Computer-Based Fraudulent Documents," Anzcna Assoclailon of Crinunal Justice, Tempe, AX (March 13)

2006 Instructor. "Forensic Document Exammanon," FOfeOS1C Medlca', Investlgabon (by NlItJonal Faculty Member Dr Mary Dudley. MD, Chief Medical Examiner, ForensIc PatholOgist and Distnct Coroner, Sedgwick County RegIonal Forensie SCIence Center. Wlcluta, KA) Phoemx, AZ (November 9)

2005 Instructor, "Ferensrc Document Exammabon Overview" Forensic MedIcal Jnvesugation Semmllf {by Nallonat Faculty Member Dr. Mal}' Dudley, MD, Cluef Medical Examieer, ForensIC Pathologist and DlStnct Coroner, SedgWick County Regional Poreasic SCience Center, Wiclul3, KA) Phoenix, AZ (November 3)

2005 InstIuctor. "QuestlOned Dotuments - Includmg the. 'true story' berund the Dan RatherJCBS debacle mvolvmg the exammauon of !he alleged 'Bush" National Guard memos" ArIZOna Pubhc Defender's ASSOCIBtIon, Tempe, AZ (June 22)

2005 Grand Awards Judge; Intel Jnternanonal Science and Engineenl1g Frur, Behavioral and Social SCiences.

Phoerux, AZ (May 10, J I)

200S Moderator ''21"' Century Cnme - Forensic Science," Amencan Academy of Forensic Scienees, 57th Annual Meeting. New Orleans. LA (February)

2004 Instructor. "Foreosu: Document ExammatlOn Overview " ForenSiC Medlcal InvCSllgabon Semmar (by

National Faculty Member Dr Mary Dudley, MD~ ClnefMedical Examiner, Forenac Palhologlst and

Distnct Coroner, Sedgwick County Regional Forenslc Science Center, Wlcluta, KA) Phoemx, AZ.

(November (I)

2004 riJslrUc~r "Forensic Documents Issues m the Computer Age" Contmuing legal education State Bar of . Arizona, San DIego. CA (July 16)

200 I Acknowledged for conmbuuon to lite Book Opportumtle.v In Forensic Sclfmce Careers, Blythe Camenson,

pubhshed by VGM. division of McGmw-Hdl Companies, Lincolnwood, IL . .

2000 Meetmg partiCIpant and sub-committee member (smce 1998) with the SClenufic WorklDg Oro'up for Document Exanunm (SWGDOC) at the Federal Bureau of ]nvesugauon Academy In Quanuco, VA SWGDOC IS responsible for estahhshmg and publishmg wnuen procedures and guidelmes for quesuoned document exanunanon (January)

1998 Instructor AtF Agent TJUUllRg Conference, OXllJU"d, CA, "The Forensic Document Exuuuner and !he Agent" (June 8)

1998 1nstructor Provided 36 bows of lr.nrung at ATF Laboratory to a document exammer tnuoee wnh the Sun Mateo County Shcnff's Office, CA (Apnl)

J998 Moderator. "Datmg Document by lnk AnalysIS and Other Exanunanons," Amencan Academy of FOfl!nS1C SCiences. 50th Anniversary Meeling. Sao Francisco, CA (FebrulU)') .

1997 Document Examiners of Nortbem Cahforma, orgaruzed Planned and hosted quarterly study group meeungs 1997 through 1999

6

1991 Instructor Provided 36 haws of trauung at ATF Laboratory to two document examiner tramees from Houston. TX Pohce Department (June)

1997 1nstruclor Provided "Overview of Forensic Document Bxammauon" to the Northern Cabforrua Forensic Idennficanon Umt Study Group; Concord Pohce Department, Concord, CA (January)

1991 JUdg6 Multiple Dislm;t Four Lions 60th Annual Student Speakers Program, "Today's Legal System -]s It lusllceT' Concord. CA

1995 Jnstructor. "Cumculum Development Course," MechC8.1d Fraud Traming Program, Federal Law Enforcement Trammg Center. sponsored by the Nanonal AsSOClabon of Attorneys General, Glynco, GA (September)

1995 Trairueg COmmittee Member· Anzona Law Enforcement Coordmanng Commmee Conference, "Officer Safety. Survrvmg m Troubled Tunes" (June)

1995 Instructor. "Tsehmques of Quesboned Document Investigafien," National Assoerauon of'Medrcaid Froud Control Urnts Trauung Conference. Memphis, TN (May)

1992 Insuuctor "Questrcned Documents Collection and SubmJSlllon GUJdehnas,." two trammg presentations to Anz~lDn Attorney General staff. Phoenix, AZ (JanQRIY).

PROFESSIONAL TRAINING AND CONTINUED EDUCATION

ArIZona Department of Pub he Safety. SCientific AnalYSIS D1VlslonlCentrai. Regional Cnme Laboratoryj Quesboned Document UIUt, Pho~ AZ. two-year apprenllceslup program ID the Held of forensic document exammauon, 1991-1993 (Lockard)

United States Secret Service, Federal Law Enforcement Trainmg Academy. Glynco, GA, Quesnoned Document

Course, June 1991, 8D hours .

Scottsdale Community College, Scottsdale, AZ. Photography I, Il, and Ill, J 991-1992, 9 credit hours

Paper Knowledge Workshop, The Meade Coqtorahon, sponsored by the Southwestern Associauon of Forensie Document Bxsmmers, Denver. CO. October 1992, 8 hours

Federal Bureau of JovestJgatLon, Quannco, V ~ Fundamentals of Quesboned Documents Course, 80 hours. Umvel"Slty OfVtrglma, November 1992.4 credu hours

Uruted States Postal Cnme Laboratory. San Bruno. CA, ]60 hours of forensic document tnunmg, January 1993 (LeWIs, Morton, et nI.)

San Diego PoItce Depanment., Crime LaboraloJy~ Questioned Document Secnon, San Dlcgo.CA, 160 hours

forensIc document trammg. March ]993 (Oleksow) .

Bureau of AlcohOl, Tobacco and Firearros, Western Stales Regional Labomtory. WalnuL Creek, CA, 40 hours . rorenslc document tnIlmngtJune ]993 (Riker, Blanco)

Cleveland Police Department, Cnme Laboratory, Cleveland, OR, 40 hcurs forenSIC document lrammg, May 1993 (Wenderoth-Kclly)

Queslloned Documents Reference Database and Typewriter Classifleauen Dillabase Workshop, Amencan Academy of Foreoslc SCiences. San Antonio, TX. February J994 (Bouffard), 4 hours

e

I

7

Physical Match Workshop for Forensic Document Exammers, Amencen Academy of Forensic SCiences, San Antomo, TX. February 1994 (McKasson), 20 hours.

ForenSIC Exammanon of Counterfeit Documents. Amencan Society of Questioned Document Examiners, Long

Beach, CA, August 1994 (Lamer). 4 hours .

Instructor Development Course, AZ Police Officers Standards and Trauung, Phoemx, AZ. sponsored by the Phoenix Police Department, January 1995, 40 hours

CDSe Documentation and Nolf: Taking Workshop ror .ASCLD Lab Accredttauon Reqairements, Southwestern Assoeiauon of FOIerunc Document Exananers, Reno, NV, April J996 (Blake, Cunnmgham). 4 hours

Pnvate Practice Worksbop. Amencan SOCIety of QUestioned Document Exammers, Waslungton, 0 C , August 1996 (Hart, Miller), 4 hours

Ink-Jet Pnnters, Hewlett Packard (Drago-R&D), Southwestern Assocrsaon of Fcrcnsie Document Bxammers, Tucson, A2. October 1996,3 hours

Laser Printer Re-InserIJon Problems Woricshop, Southwestern Assocllwon of Forensic Document Examiners, Tucson, AZ. October ]996 (Flynn)~ 4 hours

DIfficult and Complex Handwntmg Bxammations Semmar, sponsored by the American Board of Forensic Document CUlIUnen, Bur\mgame. CA, January 1997 (Conway, CunmnghMn}.14 hours

How to be a Better Expert Witness Workshop (Moseley JD, Dednclc. JD). American Academy of ForenSIC SCiences, New York, NY. February 1997.4 hours

Courtroom Testimony. Laberaiory Personnel, Bureau of Alcohol, Tobacco and Firearms, Rockville, MO. March ]997,32 hours

Questioned Documents Exammation Proficiency Tests. Crime LabDratory Proficreney Testmg Program 1996. J 997. 1.998

Advanced Handwntmg IdcllhficatJ.on Handwntmg Theory, Mechamcs and AnalYSIS. and the Fundamentals of Disgmsed Wntlft& University of New Haven Graduate School. School of Pubhc Safety and ProfesSional Studies, San FranCISCO, CAr February 1995 (Sling, Richards, Horan), 3 credit hours

Computer Sofiware Trrumng. Wmdows 95, Outlook, Word, Excel, PowerPom~ Access, and Netscape Sponsored by ATF, Apn11-3, ]998,24 hours

Microscopy Workshop (Kline) sponsored by the Southwestern .Assocl.atlon of Forensic Document Exammers, Breckenndge, CO. October 9, 1998, 4 hours

Check Wnler Workshop (Tierney). sponsored by the Southwestern Assoetauon of Foreasic Document Exammers, Breckenridge, CO, October to, 1998,4 bours

Seminar on Paper Fiber AnalyStS (Walter J Ramanen, Integrated Paper Sl'rVICeS, Inc). sponsored by the Southwestern Assoeiaucn of Forensic Document Exammers, Manna Del Rey. CA, ApnI7-9, 2000, 12 bours

Pnntmg Process Identification and Image AnalystS for Forensic Document Examiners. Rochester JlIshblle of Techaolcgy, Rochestes, NY, June 5-8, 200 I, 28 hours

Detecuon of CounterfeJt Documents (RIck Outland of U.S Secret Service), sponsored by the Southwestern AssocudlODOfFoRitllllC Document wlJUnl::TS. Tempe, AZ, SeptembeI 1. 2001, 6 hours

8

Forensic Exammalton ofT}'pOgmpluc Documents Workshop (Flynn) sponsored by the Southwestern Associanon or Forensic Document Exammers, Tempe, AZ, September 8, 2001, 6 hours

Admtlona\ sof\ware courses offered tbrougb the B1lm!U of Alcohol. Tobacco and Firearms dunng ]999.2000, and 2001

Teaelung the Forensic Document ExamIner How to Teach (Tarver PhD w/Cahforma Slate Uruvenlltyl Fresno), sponsored by !he Southwestern AssOC1ation of Forensic Documenl Examiners. Anaheim, CA. Apnl 6, 2003, 3 5 hours

Twenty-FIrst Century Document Exammabons Workshop - Part] & 11 (Gottesman, Belcastro, Mokrzycla or FBI). sponsored by the American SOC IeI}' of Questioned Document ExamineB, Balumore, MD, August 28~ 2003, 4 hours

State of the Art InfraIed and. lfitmvlOlet ExaminatIOns of Documents' by the V Ideo Spectral Comparator Workshop (Richards, Kovarik. Sang), sponsored by the Amencan Academy of Forensic SCiences, New Orleans; LA, 4 hours

Slgnature Disguise or Signature Forgery Workshop (Found PhD) sponsored by lIle American Society of Questioned

Document Exammers, August 22. 2OD6, Portland, OR. 7 hours .

Fine and Subde Features of HandWllbog (Cunmngham, Morton, F1ynn), sponsored by the Amencan SocIety or Questioned Document Exammers, Portland, OR, Augusl 23. 2006, 7 bours Appointed Group Leader

Slgnnlure Worksbop (RIle, HIcks), sponsored by !he Amencan Society of Queshaned Documenl Exammcrs, Portland, OR, August 24, 2006. 4 hours Appointed Group Lender

SCient! fic Research A GULde to Designing, Conductmg, Wrltlng, Presenting, Publistung, and AnalyzLRg SClenh lie Research (GrusezeckJ PhD, DavIs MD, Pmckard MD) Workshop sponsored by the Amencen Academy of Forenaic . Sciences, San Antonm, TX. February 20, 2007. 3 25 CE hours

Techrueal Wntmg Workshop sponsored by the Southwestern Assocetion of Forensic Document Exarnmers, Monterey, CA, April 21-22., 2007, 6 bours

Authenbcabng Quesbolled Documents (laPortelSecret Service) Workshop sponsored by the Amenean Society of Questioned Document Exammers, Boulder, CO, August 13,2007,30 CE pouus

ExatninaLloo of Documents by Analyzmg the Paper (Rantanell) Workshop sponsored by the Amencan Society of Questioned Document BJUUIUmm;~ Boulder, CO, AUgust 13,2007, I 0 CE pmnts

RECOGNmON

1996 JRlunl1y selected for Who ',v Who in SCIence and Engmeenng. MarqUIS, 41b EdJboD. J998-1999

1997 lrubally selected fnr Wllo ~ Who m Amencon Women, Marquis, 2)51 EdLtion.1999-2000

] 998 IllIually selected for Wllo:r Who In Amenca; Marqms, 53rd EdltIOD, 2000-2001

RECEN'I AWARDS

2005 American SocIety of Quesuoned Document Exammers Ce:rllficate of Appreeiahon for comnbunons to the forellSlc document exarrunaaon profession

2007 Amcncan Society of Questioned Document Exanuners Certificate of Appreciation for eontnbunons 10 the forensiC document exanunanon professron

1008 The Volunteer Lawyers Program Pro Bono Award for Outstanding Lrugauon Support

(Revised 8/1 0108) .

:e

-- Forwarded Message ~-

From: MyFax <NoReply@Myfax.com> To: pb_realestate@yahOO.alm

Sent: Mon, ApnlS, 2010 12:24:17 AM

Subject: Fax Delivery Successful to 19163235341

Fax Delllfery Number. n 19163235341
Fax RecipIent ~
Fax for Free.
Tell a frl!!n" about M:!fF3:!!j Sent at· U 04/0512010032415 AM (GMT -4 00)
today. Pages n 23
Durabon' a 882
Have a question? 0
Cost. 0 00000 USD
support@mvfa'X,com Tax-GST 0 00000 usn
Tax-PST 0 0.0000 USD
Total Cost ~ 00000 usn
Customer Number n 398602
Reference Number ~ 248336032
Bllhng Code 398602
ThanJc you for using emvtsx. COMPLAINT - Barnett v. Dunn et al

EXHIBIT J

Pamela Barnett

caUfomia SeaetalY of State 1500 nUll St_~ 5111 Roor

sacramento, CA, 95814 Fax(916)6S3-3214

RE; DAMON DUNN. Candidate for secretary of State. 15 NOT lEGAllY QUALIFIED TO BE ON BALLOT and needs to be removed immediiJlely

Damon Ounn does NOT meet the foliowinS qualfflcatJon for running for Secretary of State of california;

. Be (J registered 'Poter and oIhmvise qllaJifieiJ IJJ W1II! lor tIuJt o.Dke tltlhe time lJomimIlioJl JltlPOS III'e Issued to the penon..

Damon Dunn not only committed a crime of perjury by NOT revealing that be was formerly registered to vote 88 aDemocral in Florida and in Texas, but be is also DTSQUALlFED for being a legal candidate on the ballot for Seeretary of State because he is NOT considered to be legally registered to vote and was NOT Jegally eligib1e to vote fur Secretary of State at the time he was issued his nomination papers. See attacbments forproo£ ~l) ON ~.S kdP'bflf ~fl'\.. V 0 'OS R£"'G ,srttrJfI"" .

I expect the Secretary of S1a1e~s office to act expeditiously in verifying 1b.e a1bJched infmmation and then. remove Mr. Damon Dunn fiom the primary and/or geoeml election ballot

From: MyFax <:NoReply@MyFax.com> Tu: pb_realesl:ate@yahoo.com

Sent: Mon, May 3, 20104:08:11 PM

Subject: Fax Delivery Successful to 19166533214

Fax for Free.

Tell a friend abL)ut MyEax today.

Have a question? support@mj!ax.CIlm

Fax. Debvery Number ~ 19166533214
Fax Recipient ~ To Damon Dunn Illegal Candidate on
Ballot of 8enre
n
Sent at ~ 051031201007 OB.08 PM (GMT -4.00)
~ges 7
Durabon D 228
0
Cost: ~ o 0000 USD
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Total Cost IT o OOOOUSO
IT
Customer Number ~ 398802
Reference Number. 0 2566~6337
Billing Code 0 398602 Thank you for using ifmpfu

May 21 10 11:01a

p.1

POs.&IO

JIT11:IIINEIf £JAiWllYWItHWr A'1TOaNE'f ~ SlliJEb'JI __ "'adImI!of;: RJIlllCUlTUSEallLY
Pamda. Bamett
i-l54l Wmego Wa,y "
SaaaID8'llIo_ CA, 95826 FILED/ENDORSED
~tIIIl. 415846.7110 F.IIXND.~
...... MJIIRI$:II~ pb_real~ tom .
JIJ1DIIJEIRlRBflm$ MAY 21 2010
SlFERtORcc::urraFft6ft COmnY~ Sacmmento
sn&TADDII!IIS: St
UA!llIIs~ 7209tbSt
t:II'I1;IIt2IPca;e ~CA,.9S814 By: A MAClAS
IIRI'fItMNI\IE:: 8ac:rammEo DEPUTY CLERK
PUIINTlFFlP'EJTllONER! Pamela Bamctt CAE.......a;R:
Da:EHDANJ_SPCJNDSIJ~ Damon Jerrell Dunn (A.K.A.. Damon Dmm) 34-2010-00017415

JWNa..cr~
PROOF·CP SERVICE OF SlJllMONS (Sepands> prooIl1IaeriiI» is J8qlIDIld' fDr~ pafy senedJ

1. At1he Cime or GaMDe 1_ at least 18 ~ of aae ard md a ~ tolbb acIion..

2. I served tqIies of

& m IiUIDmOl18

b. [l] COQIpIJid:

c. 0 AIemafive DspUle Re5DbdIDJl ~ padaIge

d. 0 CW Care Covet SIIII!Iet (S8NfId in ~ r:asG9 onIIJ

e. D ~JllBint

l [Z] oUIer{.!pidfyctocumMfs): UDIimited CasaPacketprovided by court

3. a Paltyllef'lled ~nan'J8I dpaltrar .... oo ~~ Damon Jerien Dmm (A.1tA. DaroolI Dmm)

b. 0 Penon (GIhar Iim1Ihe ..., In It8m ·3alsenred on beId f1 an GIIIftV or_ 8JI aulhurizecl agent (and nat .. pelal1 under ilem!ib on whom sllfJ&tihdBd semca_ fIIIJIIs) (~""'end '~ID tbe PBlWIJSfDGd m ilDm~;

(pIipbd ad4«ss UIIIalc:Iwa) a person alleasl18 ~ of. appa~ rn dmrge 8tt'le usual meiIng addless aflha·pIi!IEORlD be ssved. 1IIhDr1ban a l1nfted SIiEns PasI8I Semce.post offite box. I infOrmed 11m or ha' or Ih9 genaaI naIure ofb papers.

I OIemafter mailed (byfirsk:feB&. p1SIage prBpIid) cqiss aUhs doaIrnerab tD tile per!OlIlo. beS8nlell .lIepJacvwlleleIheQlJJieSwet8ieft(COd&CiIr. PIoc..§ 41~.lmaledth&dac:urenl$on

(dIdB;t' frvm p:ryJ: or D adedamtbt oimaling is dactled-

\ aUatb a declaraOontJfdllg9nce staliVa::Iior$ tak:en~ to ~ p8f8onal'Senl!ce.

May 20 10 03.11p

p2

PLAINTlFFtPE'lT1lON£R: Pamela Bamett

i-

DEFENllANTJRESPONIlEttT: Damon Ier.reB Dum (A.KA Drunon Dmm)

34-20]6-000774] 5

5. Co 0 bt maD aRd lICImmIfedsme:n of raceipI oJ ~ I mailed the documenIB hsred in ifem 210 the party, to the addre66 shawn in i181D.4. br first.dass mall, posIagit ~Id,.

(1) on (diIte): (2) fRIm (r:ity).

(3} 0 wiIh fwD copieaoflhe NoUcttafll:t~~Raceptand a poetage.paJd mItIm er'IYeI"ope addras&ed 10 me. tAJIach «lOIJ¥I{BledNo!lce end ~erdaf Receipt) (Cuds Clv. Proc., §416.3D.)

(4) 0 10 an adct'esa DubiidB- Caftorrna WIll rebm reoeIpt requBSted. (COde Cw. PnJc.. § 415.40.)

d. 0 bY' other meane (specBY metIM of B9I\'i:s and BallJorimg code SEI.I:t!Oro=

8, 7he -Notice to the PmIon Setvat' (on ftte SUII'lmDn8) wea CQJT¥IJeled as (DUows:

a. ozr all &nilldhriduallel'andanl.

b. D _the pen;an sued QldertIJe fidiIiDus; name of (:;petDjtt

c. 0 as occupant.

d. 0 On bellalfor (spec:1M:

.... fle faklwing. Code Of eMI PtoceduIa &9Ction: o .... 16.10 (COIpOI'Bbon)

CJ 416.20 (defuRdQ)lllOl'IIfion)

Cl 416.30 DoIm srock «Impatly/88SOClaill:n) Cl 4113.40 (aa:Boc:ia1i:;J-ot~) o 410.50 (pllbSlc: enlJly)

7 Person 1IIfIa an'ed PIt"" s. Namr. E\Idyn BJ'DCilcy

b ~ 1)9]3Ad=Ave .. Nmwalk..~90650 Co Telephone number: (562)863. TlB3

d. The leo 10ranlce was $ D

e. lam:

(i) § ncta~'feled Calil'ama~setVet

(2) ~filtm re,giSb'atIon UlJi:1er BllSiness and Prafe9Sions Code 8edion 22350(b).

(2) I) reg1stemd Ca&bmia pgo98S Mner.

(l) 0 awfIeI' D employee 0 ~contraclcf. {ii} ~on No-_

OJI) CovnIr.

o 415.95 (bllAIe8Saganization. bm unt:~)

o 4lS.8(l (mInOf)

o 418.1D (wad or t:olJSelWffee)

o 41S.90~peI1jOft)

o 415.46 (gccupant)

o Diller.

cr

9. 0 I am a C.lIfoml. sheriff ormarstud &nil I c:erb1Y um the foregoing is true and alI'Iect.

oa,.· S/2()l2010

PROOF OF SERYlCE OF SUMMONS

EXHIBIT

[')

EXHIBITB

8

Date:

Time:

Dept: judge:

1 . EDMUND O. BROWN JR.

Attorney General of California

2 STEPHEN P. ACQUISTO

Supervising Deputy Attorney General

3 ANTHONY P. O'BRIEN Deputy Attorney General

4 State Bar No. 232650

1300 I Streett Suite 125

. 5 P.O. Box 944255 Sacramento, CA 94244-2550

6 Telephone: (916) 323-6879 Fax: (916) 324-8835

7 E-mail: Anthony.OBrien@doj.ca.gov

Attorneys for Defendants Edmund G. Brown Jr. Attorney General, and Debra Bowen, Secretary of

State .

9 10 11

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO

12

13

14 PAMELA BARNETT,

15

Case No. 34-2010-00077415

Plaintiff, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER TO PLAINTIFF'S COMPLAINT

(Code Civ. Proc. § 430.10, subd. (e)

16 17 18 19 20 21 22 23

v.

DAMON JERRELL DUNN, ET AL.,

Defendants.

October 25,2010 9:00a.m.

54

The Honorable SheUeyanne Chang

Trial Date: Not Yet Set _______________ ____' Action Filed:· May 10, 2010

INTRODUCTION

24 25 26

In this complaint, Plaintiff Pamela Barnett seeks an eleventh-hour order to remove Damon

27

Dunn from the ballot for Secretary of State, due to her unsupported and erroneous contention that Dunn has not been affiliated with the Republican Party for a sufficient amount oftime before declaring his candidacy, and because Dunn did not complete the prior registration section when

28

registering to vote in California in March 2009. Barnett also seeks to remove Secretary of State 1

Memorandum of Points and Authorities in Support of Demurrer to Plaintiff's Complaint (34-2010-00077415)

·e

1 Debra Bowen and Attorney General Edmund G. Brown Jr. from the General Election ballot,

2 claiming that they, along with Dunn, violated California Elections Code §§ 8001(a) and 18501 by

3 allowing Dunn to declare his candidacy without investigating his eligibility for candidacy.

4 The Court should sustain defendants Brown and Bowen's demurrer without leave to amend.

S The issuance of Barnett's requested relief-orders to remove Dunn and Bowen from the

6 Secretary of State ballots, and Brown from the Governor's ballot-would substantially interfere

7 with the proceeding of the election. The primary elections ended on June 8,201 0, and the parties

8 have nominated candidates for the Secretary of State and Governor races. Barnett's requested

9 relief, therefore, would result in the denial of votes cast for all three of these candidates.

10 Even if Barnett's complaint had been timely, the Court should still sustain the demurrer

11 because judicially noticed facts show that Dunn qualified as an eligible candidate for the

12 Republican nomination for Secretary of State. Before declaring his candidacy, Dunn needed to

13 have been affiliated with the California Republican party for at least three months, and not

14 affiliated with any other party for at least twelve months. (E1ec. Code § 8001. subd. (a).) Dunn

15 . cleared both of.these requirements. He registered as a Republican nearly twelve months before

16 declaring his candidacy for Secretary of State in March 2010. And his Florida voter

17 registration-which showed his affiliation with the Democratic Party---expired five years before

18 declaring his candidacy.

19 Defendants are also entitled to dismissal because Barnett's complaint fails to state any facts

20 showing that defendants breached their duties in the processing of Dunn's declaration for

21 candidacy. The Secretary of State fulfilled her duties by not only presenting Dunn as one ofthe

22 certified candidates for Secretary of State, but also confirming Dunn's eligibility after Barnett had

23 requested an investigation. As Attorney General, Brown has no statutory duty to investigate

24 Dunn's eligibility, especially when the Secretary of State has not found any reason to refer the

25 matter to the Attorney General. And Barnett's complaint fails to raise any facts showing that any

26 of the defendants intentionally concealed or misrepresented information regarding Dunn's

27 eligibility for Secretary of State. For these reasons, the Court should sustain Defendants'

28 demurrer without leave to amend.

2

Memorandum of Points and Authorities in Support of Demurrer to Plaintiff's Complaint (34~20 1 0-00077415)

1

BACKGROUND

2 Damon Dunn is a Republican candidate for California Secretary of State. (Req. for Judicial

3 Notice, Ex. A.)l

4 In 1999, Dunn registered to vote in Florida and stated his affiliation with the Democratic

5 Party. (CompI. Exh. D.)

6 Under Florida law, a resident is placed on the inactive voter list when he or she does not

7 respond to a mailed address confirmation sent by the county supervisor of elections. (Fla. Stat. §

8 98.065, subd. (4){c).) The voter is then removed from the statewide voter registration system if

9 he or she does not vote for two consecutive federal elections, and fails to update his or her voter

10 registration information. (Ibid.)

11 In March 2002, the Duval County, Florida Supervisor of Elections converted Dunn's voting

12 status to inactive because Dunn did not have any voting history. and did not respond to mail sent

13 to his Jacksonvilleresidence, (Req. for Judicial Notice, Exh. B.) Dunn had no further activity on

14 his Florida voting record, and on June 6, 2005, the Duval County Elections Supervisor converted

15 Dunn to an ineligible voter in Florida, thus requiring Dunn to reregister ifhe wanted to vote in

16 Florida. (Req, for Judicial Notice, Ex. B.)

17 On March 13.2009, Dunn registered to vote in California and stated his affiliation with the

18 . Republican Party. (Compl., Exh. A.) On March 10,2010, Dunn declared his candidacy for the 19 Republican nomination for California Secretary of State. (Req. for Judicial Notice, Exh. Ai As 20 part of his Declaration of Candidacy, the Orange County, California Registrar of Voters certified

21 that Dunn: (1) had been affiliated with the California Republican Party for at least three months

22 months before filing his declaration for candidacy. (Req. for Judicial Notice, Exh. A.) before

23 24 25 26 27 28

I The official acts of the legislative, executive, and judicial departments of any state of the United States maybe judicially noticed. (Evid. Code § 452, subd. (c).) (See Cooke v. Superior Court (19&9) 213 Cal.App.3d 401,416 [records ofa county are properly noticed under Evid, Code § 452 (official acts of the state). since counties are legal subdivisions of the state].)

2 In her complaint, Barnett incorrectly states that Dunn declared his candidacy on November 5,2009. when he submitted a Candidacy Intention Statement. (CompI., 13, Exh. 9.) As opposed to the Declaration of Candidacy, which includes an affidavit showing the candidate's affiliation with his or her political party, as required under Elections Code § 8001 (b). the Candidate Intention Statement is not mandated by Elections Code § 8001.

3

Memorandum of Points and Authorities in Support of Demurrer to Plaintiff's Complaint (34-2010-00077415)

1 declaring his candidacy; and (2) was not affiliated with any other political party for twelve On

2 March 30, 2010, Jerry Holland, Supervisor of Elections for Duval C01U1ty, Florida, issued a letter

3 to the California Secretary of State's office stating that Dunn had become ineligible to vote in

4 Florida in June 2005, due to his inactivity and failure to respond to mailings from the Office of

5 the Supervisor of Elections. (Req. for Judicial Notice, Exh. B.)

6 On May 12, 2010, the Secretary of State's Office responded to a complaint filed by Barnett

,7 regarding Dunn's eligibility. (Req. for Judicial Notice, Exh. ci In the letter the Secretary of

8 State's Office noted that Dunn's registration as a Democrat in Florida expired in June 2005, and

9 that he was not affiliated with any party when he registered to vote in California in March 2009.

10 (Req. for Judicial Notice, Exh. C,) The Secretary of State's Office also noted that there were no

11 criminal sanctions for Dunn's failure to complete the section on prior registration in his voter

12 registration card. (Req. for Judicial Notice, Exh. C.)

13 STANDARD OF REVIEW

14 A demurrer tests the sufficiency of the complaint; that is, whether it states facts sufficient to

15 constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e); Friedland v. City a/Long

16 Beach (1998) 62 Cal.App.4th 835, 841-842.) To make this determination, the trial court may

17 consider all material facts pleaded in the complaint and matters of which it may take judicial

18 notice; it may not consider contentions, deductions or conclusions of fact or Jaw. (Code Civ.

19 Proc., § 430.30, subd. (a); Moore v, Conliffe (1994) 7 Cal.4th 634,638.)

20 "[Ajny allegations that are contrary to the law or to a fact of which judicial notice may be

21 taken will be treated as a nullity,' (GulfIn$. Co. v.TIG Ins. Co. (2001) 86 Cal.App.4th422, 429.)

22 A party may not avoid demurrer by suppressing facts, including those that are judicially

23 noticeable, which prove the pleaded facts false, (Cantu v. Resolution Trust Corp. (1992) 4

24 Ca1.App.4th 857,877.)

25

26 27 28

3 The Court may take judicial notice of any document published. recorded, or filed by any executive department. (See Aguilar Y. Atlantic Richfield Co. (2001) 25 Ca1.4th 826, 842 n.3 [''we may take judicial notice of the report of a state executive officer as reflecting an 'official act'"] (citation omitted).)

4

Memorandum of Points and Authorities in Support of Demurrer to Plaintiff's Complaint (34-2010-00077415)

1 Where the complaint's allegations or judicially noticeable facts reveal the existence of an

2 affirmative defense, the plaintiff must allege specific facts that avoid the apparent defense.

3 (Gentry v. eBay, Inc. (2002) 99 Cal.AppAth 816,824.) Absent such allegations, the complaint is

4 subject to demurrer for failure to state a cause of action. (Ibid.)

5 The Court should sustain a demurrer with leave to amend if "there is a reasonable

6 possibility that a defect in the complaint can be cured by amendment or that the pleading liberally

7 construed CRn state a cause of action," (Minsky v. City of Los Angeles (1974) II Ca1.3d 113,

8 118.) The Court, however, may sustain a demurrer without leave to amend ifthere is no

9 "reasonable possibility" that the complaint's defect can be cured by amendment. (Blake v.

10 Kirwan (1985) 39 Cal.3d 311,318.) "[A] trial court does not abuse its discretion when it sustains

11 a demurrer without leave to amend if either (a) the facts and the nature ofthe claims are clear and

12 no liability exists, or (b) it is probable from the nature of the defects and previous unsuccessful

13 attempts to plead that the plaintiff cannot state a claim." (Cantu v. Resolution Trust Corp. (1992)

14 4 CalApp.4th 857, 890.)

15 ARGUMENT

16 I. 17

DEFENDANTS ARE ENTITLED TO DEMURRER BECAUSE BARNETT'S REQUESTED RELIEF WOULD SUBSTANTIALLY INTERFERE WITH THE CONDUCT OF THE ELECTION.

18 State election laws prohibit the removal of candidates from the election ballot when such

19 actions are untimely, moot, and would interfere with the conduct of the election. The California

20 Constitution provides that "[a] voter who casts a vote in an election in accordance with the laws

21 of this State shall have that vote counted." (Cal. Const. art. II, § 2.5.) The Elections Code

22 prevents the issuance or writs that will "substantially interfere with the conduct of the election."

23 (Elec. Code § 13314)subd. (a)(2)(B).) And courts have denied untimely actions to omit names

24 from the ballot when the election had already begun, or had since ended. (See Stracke v. Farquar

25 (1942) 20 Cal. 2d 82 [refusing to grant a petition for a peremptory writ of mandate to compel the

26 omission of the names of seven persons from the ballot because "the ballot already had been

27 printed and distributed to certain voters"]; see also Chambers v. Ashley (1939) 33 Cal.App.2d

28

5

Memorandum of Points and Authorities in Support of Demurrer to Plaintiff's Complaint (34~201O-00077415)

25

390.391 [denying as moot writ to keep the name of a judge off of the primary election ballot

2 since the primary election had already passed].)

3 Here. Barnett's requested relief-c-removal of Dunn from the primary ballot, and removal of

4 Bowen and Brown from the general election ballots-is similarly moot) and would greatly

5 interfere with the conduct of this election.4 The June 8 primary election has passed, and the

6 parties have selected their nominees for Secretary of State and Governor. (Req. for Judicial

7 Notice, Exh. D.) Therefore, any attempt to strike Dunn, Bowen, and Brown from the ballot at this

8 stage of the election will substantially interfere with the primary election. and result in the

9 nullification of votes cast for all three of these candidates. For this reason, the Court should deny

10 Barnett's request for relief.

11 Moreover. Barnett unreasonably delayed in filing this complaint until May 10,2010, only

12 29 days before the primary election. (Compl, 1 ; Req. for Judicial Notice, Ex. D.) Barnett relies

13 solely on the Dunn's Florida and California voter registration forms, and Candidate Intention

14 Statements as evidence that Dunn failed to meet the eligibility requirements under Elections Code

15 § 8001. (Compl.Exhs. A, B, D.) Dunn filed the last of these fonns-the Candidate Intention

16 Statement-in November 2009-well before Aprill, 2010, when Bowen submitted Dunn's name

17 as among the certified candidates for Secretary of State. (Compl, Exh. B; Req. for Judicial

18 Notice, Exh. D; Elec. Code § 8120.)

19 Barnett could have brought this legal challenge before the Secretary submitted the certified

20 list of candidates. She could have also brought this challenge before persons in the military and

21 overseas began voting (April 9,2010), and before counties began mailing sample ballots (April

22 29,2010). (Req. for Judicial Notice, Ex. D.) Barnett, however, did not file this complaint until

23 after these critical election events already took place. Moreover, Barnett offers no explanation for

24 her inexcusable delay in filing this lawsuit.

26 27

4 Barnett brought this action as a complaint, even though a writ of mandate would have been the more appropriate means for relief. (See Elec, Code § 13314, subd. (a)(l) [prescribing a writ of mandate as the sale vehicle for challenging a violation of state election law by an elector].) Since the reliefBamett requests more closely resembles the relief provided through a writ of mandate. defendants refer to election laws regarding writ relief.

6

28

Memorandum of Points and Authorities in Support of Demurrer to Plaintiff's Comp1aint (34.2010-00077415)

9 10

Memorandum of Points and Authorities in Support of Demurrer to Plaintiff s Complaint (34-2010-00077415)

1 The lateness of Bamett's petition is particularly egregious because the primary election

2 ended on June 8, 2010. Any decision at this time that affects the eligibility of Dunn, Bowen, and

J . Brown to be on the primary or general election ballots would nullify the votes cast for these

4 candidates-a result that violates the California Constitution's specific provision requiring the

5 counting of every lawfully cast vote, and would result in the substantial interference with the

6 conduct of the election. (Cal. Const. art. II, § 2.5; Elec. Code § 13314, subd. (a)(2)(B).) For this

7 reason, the Court should deny Barnett's request relief, and sustain this demurrer without leave to

8 amend.

n. BARNETT FAILED TO STATE A CLAIM FOR RELIEF BECAUSE DUNN SA TlSFIED TO ELIGIBILITY REQUIREMENTS TO RUN AS A REpUBLICAN CANDIDATE FOR SECRETARY OF STATE.

11 Under California Elections Code, a candidate for a partisan office cannot file a declaration

12 for candidacy unless: (1) he has shown by affidavit to be affiliated with the political party for at

13 least three months before presenting his declaration of candidacy for that party's nomination; and

14 (2) he has not been registered as affiliated with another "qualified political party" within twelve

15 months immediately prior to the declaration. (Elec. Code § 8001, subd. (a).)

16 Here, the Court should sustain the demurrer because Dunn satisfied the Election Code's

17 requirements before filing his declaration for candidacy as Secretary of State. First, Dunn

18 satisfied the three-month requirement because he registered with the Republican Party on March

19 13,2009, nearly twelve months before he declared his candidacy. (Compl, Exh. A; Req. for

20 judicial Notice, Exh, A.)

21 Second, Barnett presentsno facts (or even allegations) that Dunn was a member of any

22 other political party for twelve months beforehe declared his candidacy for Secretary of State.

23 To the contrary, all available records show that Dunn's only other political affiliation-with the

24 Florida Democratic Party--expired in 2005 after Dunn failed to vote in two consecutive federal

25 elections. (Req. for Judicial Notice, Exh. B.) So Dunn satisfied the candidacy eligibility

26 requirements outlined in Elections Code § 8001, subdivision (a). Secretary of State Bowen,

27

28

7

1 therefore, did not violate the Election Code by allowing Dunn's candidacy to proceed.f For this

2 reason. the Court should sustain Defendants' demurrer without leave to amend.

3 Barnett also argues that the Secretary of State's office failed to respond to inquiries

4 regarding Dunn's eligibility for candidacy and alleged failure to provide prior voter registration

5 information when registering to vote in California in March 2009. (Compl. ~ 10, 41, 47-50.)

6 Barnett's contentions are false. The Secretary of State investigated and responded to Barnett's

7 claims regarding Dunn's eligibility on May 12, 2010. (Req. for Judicial Notice. Exh. B, C.) In its

8 response, the Secretary of State's office noted that: (l) Dunn met the eligibility requirements of

9 Elections Code § 8001; and (2) there was no evidence showing that Dunn intentionally omitted

10 information of prior registration when he registered to vote in California. (Req. for Judicial

11 Notice, Exh, C.) Moreover, none of Barnett's allegations show that Bowen concealed any facts

12 regarding Dunn's eligibility to run for Secretary of State. The Court, therefore, should sustain

14 I J I

13 this demurrer without leave to amend.

15 1/1

16 / / /

17

18

19 20 21

22 23 24 25 26 27 28

5 Moreover, Dunn's past affiliation with the Florida Democratic Party does not qualify as affiliation with a "qualified political party" as defined under the California Elections Code. Elections Code § 5100 defines a "qualified political party" as a party that fulfil1s any of the following conditions related to California elections:

(1) the party polled at least 2 percent of the vote in the last gubernatorial election;

(2) the total number of voters registered with the party on or before the 135th day before the election equals at least 1 percent of the entire vote in the last gubernatorial election; or

(3) the party filed a petition with the Secretary of State, on or before the 135th day before the primary, with signatures of voters equal to 10 percent of the of the state's entire vote for the previous gubernatorial election. (Elec. Code § 5100.)

Barnett's complaint does not present any facts showing that the Florida Democratic party ever satisfied any of these requirements prior to the June 8, 2010 primary election. Therefore, the Florida Democratic Party is not a "qualified political party" as defined under Elections Code § 8001 (b), and Dunn' s past affiliation with that party would not disqualify his candidacy for Secretary of State under any circumstances. .

8

Memorandum of Points and Authorities in Support of Demurrer to Plaintiffs Complaint (34-2010-00077415)

4

Memorandum of Points and Authorities in Support of Demurrer to Plaintiff's Complaint (34-2010-00077415)

1 TIl. THE COURT SHOULD SUSTAIN DEFENDANTS' DEMURRER AS TO BARNETT'S FRAUD

CLAIM BECAUSE DEFENDANTS FuLFILLED ALL DUTIES IN ENSURING THAT DUNN'S

2 CANDIDACY COMPLIED WITH ELECTION LAWS.

3 A. Bowen Did Not Breach Any Duty to Barnett or Defraud Her in Verifying Dunn's Eligibility for Candidacy.

5 As the chief elections officer of the state, the "Secretary of State shall see that elections are

6 efficiently conducted and that state election laws are enforced." (Gov. Code § 12172.5.) To

7 determine if there has been any violation of election laws, the Secretary of State may examine

8 ballots, vote-counting computer programs. "and any other records of elections officials." (Ibid.)

9 If the Secretary of State finds that any election laws are not being enforced, he or she "shall call

10 the violation to the attention of the district attorney of the county or to the Attorney General."

11 (Ibid.)

12 With respect to the determination of candidate eligibility, the Secretary of State is

13 responsible for: (1) filing nomination documents received from the county elections officials

14 (Elections Code §§ 8070, 8082); and (2) transmitting to each county elections official a certified

15 list of candidates eligible for the direct primary. (Elec, Code § 8120.)

16 Barnett claims that Secretary of State Bowen breached her fiduciary duties, but fails to

17 allege any facts showing a breach of such duties. (Compl. ~ 55-56.) To the contrary, Bowen

18 fully executed her obligation to enforce the election laws, by verifying Dunn's candidacy after

19 Orange County elections officials certified his eligibility. (Req. for Judicial Notice, Exh. A). In a

20 letter response to Barnett's claims against Dunn's candidacy, the Secretary of State's office

21 confirmed that Dunn's met the affiliation requirements under Elections Code § 8001. (Req. for

22 Judicial Notice, Exh. B, C.) Secretary of State Bowen upheld her statutory duties in ensuring that

23 Dunn's candidacy complied with election laws. For these reasons, the Court should sustain

24 Defendants'demurrer.

25 Barnett also alleges that Bowen defrauded her by allowing Dunn's campaign to proceed,

26 even though Dunn's voter registration form does·not include information on prior registration.

27 (Compl, ,,55-56.) Barnett, however, provides no facts showing that the Secretary of State

28 intentionally concealed or misrepresented any facts regarding Dunn's candidacy, nor does she

9

7 8

B. Brown Did Not Breach Any Duty Owed to Barnett, Because, as Attorney General, He Had No Statutory Duty to Enforce Election Laws.

1 provide any legal support for her claim that Dunn's incomplete voter registration form

2 disqualifies his candidacy for Secretary of State. Moreover, judicially noticed records show that

3 the Secretary of State's office investigated the impact of Dunn's failure to list his prior

4 registration in Florida, and found no intentional misconduct. (Req. for Judicia1 Notice, Ex. C.)

5 Barnett's fraud claim lacks any legal or factual merit. For this reason, the Court should sustain

6 Defendants' demurrer.

9 Barnett alleges that Attorney General Brown breached his fiduciary duties by not

10 disqualifying Dunn as a candidate due to his incomplete voter registration form. (Compl. ~ 57-

11 58.) The Attorney General, however, has no duty to intervene in an election law claim, unless-the

12 Secretary of State finds evidence of an election law violation, and refers the matter to the

13 Attorney General. (Gov. Code § 12172.5; see Assembly v. Deukmejian (1982) 30 Cal. 3d 638,

14 650 [stating that the Secretary of'State, not the Attorney General, is "the official charged with

15 ensuring proper application of the state's elections laws'l.) Here, there was no evidence of any

16 election law violation, so the Secretary of State had no need to refer the matter to the Attorney

17 General. The Attorney General, therefore, had no duty to investigate Barnett's claims against

18 Dunn, and is therefore entitled to dismissal of this matter.

19 III 20 III

21 / II

22

23

24 25 26 27

28

]0

Memorandum ofPoints and Authorities in Support of Demurrer to Plaintiff's Complaint (34~2010-00077415)

CONCLUSION

2 Barnett's Complaint against Dunn, Bowen, and Brown is untimely, and lacks any facts

3 sufficient for stating a claim for relief. Barnett's untimely request for relief-which includes

4 removal of Dunn and Bowen from the Secretary of State ballot, and Brown from Governor's

5 ballot-would interfere with the ongoing elections process. Moreover, the complaint and

6 judicially noticed documents fail to show that Dunn violated any election laws in declaring his

7 candidacy for Secretary of State, or that Secretary of State Bowen breached any of her duties in

8 certifying his candidacy. Moreover, Barnett's complaint fails to allege that Attorney General

9 Brown had any duty to intervene in Dunn's declaration for candidacy. For these reasons,

10 defendants request that the Court sustain their demurrer without leave to amend, and dismiss this

11 action.

12 Dated: June 11.2010
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28 Respectfully Submitted, EDMUND G. BROWN JR. Attorney General of California STEPHEN P. ACQUISTO

Supervising Deputy Attorney General

ANTHONY P. O'BRIEN Deputy Attorney General

Attorneys for Defendants Edmund G. Brown Jr., Attorney General, and Debra Bowen, Secretary of State

11

Memorandum of Points and Authorities in Support of Demurrer to Plaintiffs Complaint (34-2010-00077415)

9

Defendants.

EDMUND G. BROWN JR. Attorney General of California

2 STEPHEN P. ACQUlSTO

Supervising Deputy Attorney General

3 ANTIlONY P. O'BRIEN Deputy Attorney General

4 State Bar No. 232650

1300 I Street, Suite 125

5 P.O. Box 944255 Sacramento, CA 94244-2550

6 Telephone: (916) 323-6879

Fax: (916) 324-8835 .

7 E-mail: Anthony.OBrien@doj.ca.gov

Attorneys for Defendants Edmund G. Brown Jr.,

8 Attorney General. and Debra Bowen, Secretary of State

10 11 12 13 14 15 16

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO

Case No. 34-201 0-00077415

Plaintiff, REQUEST FOR .JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' DEMURRER

October 25, 2010 9:00a.m.

54

The Honorable Shelleyanne Chang

trial Date: Not Yet Set

--,,__------ ---l Action Filed: May 10, 2010

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

Defendants Debra Bowen and Edmund G. Brown Jr. request the Court take judicial notice of the attached documents:

PAMELA BARNETT,

v.

17 18

DAMON JERRELL DUNN, ET AL.,

19 20 21 22 23 24 25 26

27

III II/

28

[Code Civ. Proc. § 430.10, et seq; Evid. Code §§ 452, 453]

Date:

Time:

Dept:

Judge:

Request for Judicial Notice in Support of'Defendants" Demurrer (34-2010-00077415)

1

1 1. Exhibit A-The Declaration of Candidacy for the Republican Party nomination for

2 the Office of California Secretary of State, filed by Damon Dunn on March 10,2010. This

3 exhibit is offered to demonstrate when Damon Dunn declared his candidacy for the Republican

4 nomination for Secretary of State.

S 2. Exhibit B-A March 3D, 2010 letter from Jerry Holland, Supervisor of Elections in

6 Duval County, Florida, in response to an inquiry by the California Secretary of State's office

7 regarding Damon Dunn's Florida voting registration record. This exhibit is offered to

8 demonstrate when Damon Dunn's Florida voter registration expired.

9 3. Exhibit C-A May 12,2010 letter from California Secretary of State, Election Fraud

10 Investigation Unit to Pamela Barnett. This exhibit is offered to show that the Secretary of State's

11 office investigated Dunn's eligibility for candidacy.

12 3. Exhibit D--The June 8,2010 Primary Election Calendar. This exhibit is offered to

13 demonstrate to the Court the calendar of events associated with and leading up to the June 8, 2010

14 primary election.

15 MEMORANDUM OF POINTS AND AUTHORITIES

16 Evidence Code § 452, subdivision (c), provides that judicial notice maybe taken of

17 "[0 [fficial acts of the legislative, executive, and judicial departments ... of any state of the United

18 states," Records ofa county are properly noticed under Evid, Code § 452 (official acts of the

19 state), since counties are legal subdivisions of the state. (Cooke v, Superior Court (1989) 213

20 Cal.App.3d 401, 416.) Exhibits A and B are documents prepared by the county elections officers

21 for Orange County California, and Duval County, Florida. respectively.

22 III

23 / I /

24 1/1

25

26

27

28

2

Request for Judicial Notice in Support of Defendants' Demurrer (34·2010-00077415)

1 "Official acts include records, reports and orders of administrative agencies." (Rodas v.

2 Spiegel (2001) 87 Cal.App.4th 513, 518; see Hogen v. Valley Hospital (1983) 147 Cal.App.3d

3 119, 125 [judicial notice taken of the records and files of an administrative board].) Judicial

4 notice also may be taken of any document published, recorded, or filed by any executive

5 department. (See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 842 n.3 ["we may take

6 judicial notice of the report ofa state executive officer as reflecting an 'official act'"] (citation

7 omitted).) Exhibit C and D are documents prepared and maintained by the California Secretary

8 of State. Exhibit D is available online on the Secretary of State's website (www.sos.ca.gov).

9 Dated: June 11,2010

10

11 12

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3 Respectfully Submitted, EDMUND G. BROWN JR. Attorney General of California STEPHEN P. ACQUISTO

Supervising Deputy Attorney General

ANTHONY P. O'BRIEN Deputy Attorney General

Attorneys for Defendants Edmund G. Brown Jr., Attorney General, and Debra Bowen, Secretary of State

Request for Judicial Notice in Support of Defendants' Demurrer (34-2010-00077415)

EXHIBIT A

. !' - CONTEST ID: 1042 l; ry,. ' .' ""CANDtQATE'ID- 1

C~,~.L!Nr t -r ••. ~·, .. ~.rl··~ .

I hereby declare myself a Republican Party candi ate for nomination to the office of Secretary of State, to be voted for at the StatewidePtiniary Election to be held June 812010 and declare the

following to be true: ~

My name is: ~(.r,!I\jo1t!ol'\ .. D ~V\II'\.

OFFICIAl FILI"IG F'ORM

DECLARATION OF CANDIDACY FILED (Elecliorkldi'MltPUlfHllat!S13JthInZe~~tate

. of the,State ot t:-alffoml.

..... _ ...... ,,_.

NE·AL KELLEY REGISTRAR a:)

J,L~'

ey:~~

PATE ISS1JEO; ,;)_.. __ ,........ - fD

'10 rlAR 1 0 mO:1 0

REGISTRAR OF VOTERSUS£ ONLY

I request my name and occupational ballot designation to appear on the ballot as follows:

Candidate initials f preferring no designation:

Print Occupational Ballot Designation Requested

Note: A ballot desianaliol'l is optionaL If one Is requested's colTlplekld BALLOT DESIGNATION WORKSHEET must be submitted. If no ballot designation is requested, write in the word ·NONE" and initial in the box. (Electlons Code §§ 13107, 13107.3) .

Print Your Name for Use on the Ballot

5 ',l'VI &t u 1S y" s 't V\ e S .) [) w V\ c c

~esidence Address: _ _..!o:3...Ll--,~~{ _..I.:#:,,:,\~; C,,-~=e.u..\ ...::.s.-,"o~" ~._.(\,___U,=..:!...:..V\~~ ..Jo..{ ----,]L:;O:._:f.j..I..· _.:uJ=·~t:'-~=:..."C.::..._. _

(Required)

C A

Zlp Cede

ClIy

o Business Address: __ -.:..::!J'f-'-'''-' _

City

Stale

Zip Code

D Mailing Address:

ZipCOOe

Telephone: {liLlq} ,5" 33' 9Jo 3:

Area Code o;\~

FAX: l__)

~~~-------------------

Official Website: _..;;.u..J_vV_· _L<.>_. --=d_""_Vv'l...:.......;_I;>:.._ ... :....:........:c!:::....:::t..<:..:.cl"...:....V\_._L...::o;_ s v :....:v-.~ _

NOTE: The Secretary of State wJJl publish one of the above addresses in the certified list of candidates and on the SOS Website. Please check the appropriate box above to indicate which address you wish to use for this purpose. If no box is selected,the mailing address will be used.

I meet the statutory and constitutional qualifications for this office (including but not limited to citizenship, residency and party affiliation, if required). I am at present an incumbent of the following public office (if any):

IMPORTANT; BACK SIDE OF PAGE .MUSTBE COMPLETED

If nominated I will accept the nomination/office'and not withdraw.

I declare under penalty of pe~~ laws ~.te of California lhallhe foregoing is true and correct

3{ JOt Z_o l &1?v&1.J) -i.wkyh.

Da e 'Signature of Candidate .

State of California} 5S.

County of Orange }

Subscribed and sworn to before me this f tJ 1~'I- day of __ --'-Il._"-v__,,_i.. • 2010.

Notary Public {or other official)

WARNING: E.e-y ~eroon adlng 011 behalf ri B canrlIdale Is guIIl)t Of ~ rmdemeancr lM'Il) ~Iely Ja;is 10 ~I. el \he proper lime and In !he JlI1ll* pI_ any d"ecla""iion of ca~U<:y in ~>sl1W p<l_I~n ..tdclli. enUII<!d 10 be 1iled lIIIderll1e ,:mm;cnsor llIe Elel;ilam Code (Eleclions Cod.'SediDfl 11l202).

OATH' OF OFFICE

I. DAMON DUNN, do solemnly swear (or affirm) that I wmsupport and defend the Constitution of the United states and the Constllution of the State of California against all enemias. foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the ConstitUtion of the State of California; .that I take this obligation freely, without any mental reservation or purpose o~ion; and that.Lwill well andfaithfuUy disch~rge the duties upon

which I am about to enter. ~ ~.~

l-._D~~~

State of Califomia} ss. Signature of Candidate

County of Orange }

Subscribed and swom to before me this i 0 \\_, day of __ ..J..i~_· ~_.;_. L.. " 2010 .

.v Notary Public (or other official)

Examined and certified by me this (i...\f' ... day of ~J, .2010.

BY_....:l.6J;._;f;...;:~::<..-lI, =-_-z;:.---','-/_._~-"~ Deputy

NEAL KELLEY. Registrar of Voters

Certificate as to Candidate's Political Party Affiliation

jE11ldlD1'IS Cod. Sedlon BIIII1)

State of Califomia }

County of Orange } ss.

I hereby certify that (1) at the time of presentation of this declaratIon and continuously for not tess than three months immediately prior thereto, or for as long as heJshe has been eligible to vote in the state, the above-named candidate Is shown by hlslher affidavit of registration, executed on J ~ 11· 0' r to be affiliated with the political party the nomination of which helshe seeks. and (2) the candidate has not been registered as affiliated with any other political party for the twelve-month period immediately preceding the filing of this declaration.

Dated this f () /1.. day of f.A. ... ,. .l., 2010.

Prior RegistratiOn

PBftJ' Affiliation Dates

____ :....1'1_' tl_.;.Y,_r'J_.1T WJ 1~_+n._t_i-_.v:_J _

Declaliltlon of Cam:lldilcy - Partisan 2010

All code section references are to the California E1ec~on5 Coda unles5<stated otherwise.

EXHIBITB

" ~-

" ~'.:

", . .... ~.~

• ", • '., ~ -H _. i:-,. ~': .

',l' ,.,';. ': ~ '!;

. - . ·r;",

·f·

(.-c

OFFICE OF THE SUPERVISOR' OF ELECTIONS

JERRY HOLLAND

SUPERVISOR OF ELECTIONS

OFFI CE (90<1) ~'1)" 7177 CElL (~(~) :Qll·IlS-n

March 30, 2010

Mark Loren

Chief Investigator

Election Fraud Investigation Unit Secretary of State

1500 t I th Street

Sacramento, CA 95814

Dar Mr. Loren:

ICl5 EAST MONROE STREET JACKSONVILLE. !-"LORIDA 32202 FAX (904) 630-2.920 E-MAIL lHOLLAND@COJ.NE'l'

Damon 1_ Dunn registered in the Duval County on May 12. 1999, as a Democrat. using the address of 10135 Gate Parkway, North. #1111, Jacksonville, Florida. Records indicate that in March of 1002 Mr. Dunn's registration was converted to the statewide voter registration database and at that time, because of no activity on his record, his status was changed from an active voter to an inactive voter. Due to our office receiving returned mail from that address and there being no activity on his voting history, Mr. Dunn's status was changed from an inactive voter to an ineligible voter on June 6, 2005. Mr. Dunn would be required to re-register in Duval County if he wanted to have voting privileges in Duval County.

We have enclosed a copy of Mr. Dunn's original application with non-public records information redacted. Please feel free to cc ·'1 my office if we can be of further assistance.

, upervisor of Election Duval County

.THlsh'

EXHIBITC

DEBRA BOWEN I SECRETARY OF STATE STATE OF CALIFORNIA 1 ELECTIONS

1500 111:b. Street, 5th floor! Sacramento, CA 958141 Tel (916) 657-21661 Fax (916) 653-32141 www.sos.ca.gov

May 12, 2010

Pamela Barnett

2541 Warrego Way Sacramento, CA 95826

bear Ms. Barnett:

We are responding to your recent faxed complaint questioning the eligibility of Secretary of State candidate Damon Dunn to be on the ballot. .

You questioned Mr. Dunn's eligibility to run based on the conditions set forth in Elections Code 8001 (a)(2). This section requires a candidate to not have been registered with any party except the one he/she seeks to be nominated from, within the preceding 12 months. The conflicting party evidence you cited was that Mr. Dunn was previously registered as a Democrat in the state of Florida. However, we contacted the office of the Duval County Supervisor of Elections and they reported that Mr. Dunn registered as a Democrat in 1999, but never voted. His Florida registration was subsequently cancelled in June 2005. Therefore, in March 2009, when Mr. Dunn registered as a Republican, he was not currently registered with any state and not affiliated with any party, in compliance with EC 8001 (a)(2).

You also questioned Mr. Dunn's failure to list his previous Florida registration on his March 2009 California voter registration. While Elections Code 2150 (a)(10) requires those registering to vote to disclose any prior registration, there are no criminal sanctions for non-compliance. If you have evidence that this omission was intentional, please forward to our office.

Thank you for bringing this matter to our attention.

Sincerely,

Election Fraud Investigation Unit

"EJJsuring the integrity of California's election process."

EXHIBITD

JUNE 8, 2010, PRIMARY ELECTION CALENDAR

NOTE: * Asterisked dates indicate that the date falls on a Saturday, Sunday, or a holiday; ifthe date is also a deadline, in most cases, it will move forward to the next business day. § 15

Jan 1 * to Feb 25,2010 (E-I 58 to E-I03)

Jan 1, 2010* (E-lS8)

Jan 1, 2010* (E-158)

[Date fixed by law]

Jan 1,2010* (E-158)

[Date fixed by law] .

Jan 5,2010 (E-154)

Jan 5 to Jan 24, 2010* (E-IS4 to E-135)

Jan 8, 2010 (E-151) [Suggested Date] to

Mar 10, 2010 (£-90)

L

Signatures In Lieu of Filing Fees - All Partisan Candidates

During this period, a partisan candidate for any office may obtain his or her forms from the county elections official or the Secretary of State for circulating petitions to secure signatures in lieu of all or part of the filing fee. Signatures may also be applied to the signature requirements for the office on the nomination paper if they meet party registration

requirements. §§ 8061, 8106 1

2.

Notice of Offices in the Primary Election

The last day for the Secretary of State to prepare and to send to each county elections official a notice designating all the offices, except for county officers and judges of superior courts, for which candidates are to be nominated at the primary election. § 12103

3.

Approved Ballot Card Vendors

By this date, the Secretary of State will publish the list of approved manufacturers and finishers of ballots for use in California elections.

Cal. Code Regs., tit. 2, § 20226

4.

Voting System Procedures

No later than January I of each even-numbered year, the Secretary of State shall review, and if necessary amend. administrative procedures for use with each of the voting systems pursuant to Division 19. §15002

5_

Last Day to Register to Qualify a New Political Party

The last day any person may register to vote and declare an intention to affiliate with a particular political party in order to qualify that party to participate in the June 8, 2010, Primary Election candidate nominating

process. § 51 OO(b)

6.

Report of Registration - 154-Day County Report

During this period. the county elections official shall send to the Secretary of State a summary of the number of persons registered by political party in their counties by party affiliation by each political subdivision of the county as of January 5, 2010 (E-154).

§ 2187(a), (c) & (d)(1)

7.

Pre-EJection Residency Confirmation Procedure

The county elections official shall conduct a pre-election residency con:fumation procedure as provided in Elections Code § 2220, This procedure shall be completed by the 90th day immediately prior to the primary election.

I All code section references are to the Califoniia Elections Code unless stated otherwise.

5-6

JUNE 8, 2010, PRIMARy ELECTION CALENDAR

N01E: *Asterisked dates indicate that the date falls on a Saturday, Sunday, Of a holiday; if the date is also a deadline, in most cases, it will move forward to the next business day. § 15

The county elections official shall not be required to mail a residency confirmation postcard to any voter who has voted at an election held within the last six months preceding the start of the confirmation

procedure. § 2220(b)

Jan 11.2010 (E-148)

8. Governor's Proclamation - Issuance

. By this date, the Governor shall issue a proclamation calling the primary election and shall state the time of the election and the offices to be

filled and transmit a copy of the proclamation to the board of supervisors of each county. The Secretary of State will send an informational copy

of the proclamation to each county elections official. § 12000

Jan 24, 2010* (E-135)

9. Decline to State Voter Participation Notice

Last day for a political party to notify the Secretary of State that it has adopted a rule that authorizes a person who has declined to state a party affiliation to vote the ballot of that political party at the June 8. 201 0,

primary election. § 13102( c)

Jan 24,2010* . (E-135)

10. Report of Registration - 154-Day County Report Summaries Due By this date. each county elections official shall send to the Secretary of State a summary statement of the number of persons registered as of

January 5, 2010 (E-154). § 2187(a), (c) & (d)(l)

Jan 24, 2010* (E-135)

11. Secretary of State Announces Newly Qualified Party

The last day for the Secretary of State to determine whether a new political party has qualified for the June 8, 2010, primary election either by registration (88,991 registrations) or by filing a petition (889,906

signatures). § 5100(b) & (c)

Jan 24,2010* (E-135)

12. Notice of County Central Committee Elections - Green.

Libertarian. and Peace and Freedom Parties

Last day for the state chairperson of each party to notify the Secretary of State whether or not a county central committee election will be held.

§§ 5005, 7770

Jan 28, 2010 (E-13 1)

13. Initiative Measure Qualification Deadline

The last day for an initiative measure to qualify for the primary election

ballot. Cal. Const., art. II, § 8(c); Elec. Code § 9016

Jan 28,2010 (E-I3l)

14. Legislative Measure Qualification Deadline

The last day for the Legislature to adopt a constitutional amendment, bond measure, or other legislative measure in order for the proposed

measure to appear on the primary election ballot. § 9040

5-7

JUNE 8, 2010, PRIMARY ELECTION CALENDAR

NOTE: *Asterisked dates indicate that the date falls on a Saturday.Sunday, or a holiday; if the date is also a deadline, in most cases, it will move forward to the next business day. § 15

Feb 3, 2010 (E-125)

Feb 3, 2010 (E·125)

Feb 5, 2010 (E-ll3)

[Date designated by the Secretary of State]

Feb 8,2010 (E-120)

Feb 9, 2010 (E-119)

[Date designated by the Secretary of State]

15. Notice of Parties Qualified to Participate in Primary

The last day for the Secretary of State to prepare and send to each county elections official a notice designating the names of the political parties

qualified to participate in the primary election. § 12103

16. County Central Committee - American Independent Party

The last day for the Secretary of State to compute the number of members of the central committees to he elected in each county and to mail certificates to that effect to each county elections official and to the chairperson of record of each state central committee. § 7671

17. State Measures - Ballot Label and Title and Summary Deadline

The Attorney General is asked to provide, no later than this date, all official ballot labels and titles and summaries for the measures that have qualified for the primary election ballot so that the Secretary of State has sufficient time to translate the ballot labels and titles and summaries in any appropriate languages prior to public display.

§§ 9050, 9051, 9054, 13247

18. State Measures ~ News Release Inviting Arguments

On or before this date. the Secretary of State will issue a general news release requesting voters to submit an argument in each case where either the argument for or against any ballot measure has not been

prepared and filed. §§ 9060-9063

19. State Measures - Argument Submission Deadline

By this day, legislators and their appointee(s) must submit to the Secretary of State their arguments for and against each legislative measure that qualified by January 28, 2010 (E·131). Once submitted, no argument may be changed or amended. § 9043

Whenever the Legislature submits any measure to the voters of the state, the author of the measure and no more than two persons appointed by the author may draft an argument for its adoption, or the author of the measure may appoint no more than three persons to draft the argument, This argument shall not exceed 500 words in length. If the author of the measure desires separate arguments to be written in its favor by each person appointed, separate arguments may be written, but the combined

length shall not exceed 500 words. § 9041

If a legislative measure was not adopted unanimously, one member of each house who voted against it shall be appo.inted by the presiding officers of the respective houses to write an argument against the measure. This argument shall not exceed 500 words. If those members appointed to write an argument against the measure choose, each may

5-8

JUNE 8, 2010, PRIMARY ELECTION CALENDAR

N01E: * Asterisked dates indicate that the date falls OD a Saturday, Sunday, or a holiday; if the date is also a deadline, in most cases, it will move forward to the next business day. § 15

Feb 14,20] 0* 20.

(E-114)

[Date designated by the Secretary of State]

Feb 15* to Mar 12, 2010 21.

(E-113 to E-88)

Feb 15* to Mar 12, 2010 22.

(E-113 to E-88)

write a separate argument opposing it, but the combined length of the

two arguments shall not exceed 500 words. § 9042

Any voter may request the Secretary of State's permission to prepare and file an argument for either side of any such measure for which no argument has been prepared. The Secretary of State shall grant permission unless two or more voters request permission to submit arguments on the same side of a measure, in which event the Secretary of State shall designate one of the voters to write the argument.

§§ 9044, 9067

Selection and Exchange of Arguments For and Against Measures

On or before this day, the Secretary of State will select arguments for inclusion in the ballot pamphlet where more than one has been submitted in favor of or against the same measure. The Secretary of State will exchange arguments with opposing authors and request rebuttal

arguments. § § 9067! 9069

Declaration of Candidacy and Nomination Papers - Candidate Filing

During this period, all partisan candidates must file their declarations of candidacy for office and circulate their nomination papers and deliver them to the county elections official for filing. All candidates must pay the nonrefundable filing fees or present in-lieu signatures at the time they receive their nomination papers from the county elections official. The number of valid in-lieu signatures any candidate obtains may be subtracted from the number required for his or her nomination papers if the signatures meet party registration requirements. A candidate shall not be required to execute a nomination paper if the number of in-lieu signatures that meet the nomination requirement on the in-lieu petitions equals or exceeds the minimum number required by section 8062. All nomination documents for United States Senator, Member of the House of Representatives, state constitutional officer, and Members of the State Senate or Assembly are to be left with the county elections official for filing with the Secretary of State.

§§ 333, 8020,8041,8061,8062,8100,8105,8106

Candidate Statements in the County Official Sample Ballot During this period, United States House of Representatives and state Senate and Assembly candidates may purchase space for a 2S0-word candidate statement in the official sample ballot(s) of the county or counties in the jurisdiction. Candidates for state Senate and Assembly may purchase statement space only if they have agreed to voluntary

expenditure limits. Gov. Code § 8560l(c); Elec. Code § 13307.5

5-9

JUNE 8, 2010, PRIMARY ELECTION CALENDAR

NOTE: *Asterisked dates indicate that the date falls on a Saturday, Sunday, or a holiday; if the date is also a deadline, in most cases, it will move forward to the next business day. § 15

Feb 15* to Mar 17,2010 (E-113 to E-83)

Feb 17,2010 (E-l11)

[Date designated by the Secretary of State]

Feb 18,2010 (E-II0)

[Date designated by the Secretary of State]

Feb 18, 2010 (E-I10)

[Date designated by the Secretary of State]

Feb 18, 2010 (E-110)

[Date designated by the Secretary of State]

Feb 23, 2010 (E-I05)

23. Nomination Documents Forwarded to·the Secretary of State

During this period and within five days of receipt of the nomination documents, the county elections official shall deliver to the Secretary of State those nomination documents for United States Senator, Member of the United States House of Representatives, state constitutional officer, or Members of the State Senate or Assembly, together with a statement showing the number of valid signatures on the nomination document

from all candidates. §§ 8070,8082

24. Candidate Statements in the State Voter Information Guide Deadline

The last day statewide candidates and United States Senate candidates may purchase space for a 250-word candidate statement in the official state Voter Information Guide. Statewide candidates may purchase statement space only if they have agreed to voluntary expenditure limits.

Gov. Code § 85601(a); Elee. Code § 9084(i)

25. State Measures - Analysis, Text and Bond Statement Deadline

The Legislative Analyst and Legislative Counsel are asked to provide, no later than this date, all official analyses and texts for the measures that have qualified for the primary election ballot, as well as a Statement of Bond Debt, if necessary. so that the Secretary of State has sufficient time to translate the state Voter Information Guide into any appropriate languages and to prepare copy for public display. §§ 9087,9088,9091

26. State Measures - Rebuttal Argument and Summary Information Deadline

The last day rebuttal arguments and summary information for or against ballot measures qualified for the primary election ballot may be submitted. Rebuttal arguments shall not exceed 250 words, and

summary information shall not exceed 50 words. §§ 9069, 9084(e)

27. Political party Statement of Purpose Deadline

The last day for political parties to submit statements of purpose, not to exceed 200 words, for inclusion in the state Voter Information Guide.

§ 9084(e)

28. N ew)y Qualified PoJiticaJ Party Activities

The last day temporary officers of a newly qualified political party shall notify the Secretary of State of their operating procedures. If the newly qualified political party has not adopted its own detaiJed statutory operating procedures, they shall adopt the statutory provisions of any other qualified political party that has provisions for its party operations.

§ 5005

5-10

JUNE 8, 2010, PRIMARy ELECTION CALENDAR

NOTE: * Asterisked dales indicate that the date falls on a Saturday, Sunday. or a holiday; if the date is also a deadline, in most cases, it will move forward to the next business day. § 15

Feb 23,2010 (E-I05)

Feb 23 to Mar 15,2010 (E~ 105 to E-85)

[Date designated by the Secretary ofStateJ

Feb 25, 2010 (E-103)

Mar 7, 2010* (E-93)

29, Report of Registration - 154-Day Statewide Report Published

The last day for the Secretary of State to compile a statewide report showing the number of registered voters, by political party affiliation, in the state and counties and political subdivisions thereof. This statement must be compiled by the Secretary of State within 30 days after receiving the summary statements sent by the county elections official

on January 24,2010* (E-135). § 2187(b) & (d)(l)

See Item #6 at January 5,2010 (E-154) for Report of Registration 154-day County Report submissions,

30. State Voter Information Guide Available for Public Examination During this period, the state Voter Information Guide for the primary election will be available for public examination.

Gov. Code § 88006~ Elec. Code § 9092

31. Signatures In Lieu of Filing Fees - All Partisan Candidates

The last day for partisan candidates to tum in their petitions to the county elections official of the county in which the petition signers reside and are registered to vote. Within ten days after receipt of a petition, the county elections official shall notify the candidate of any deficiency. The candidate shall then cover the deficiency either by submitting a supplemental petition or by paying a prorated portion of the filing fee not later than March 12,2010 (E-88). Upon receipt of the required number of in-lieu signatures, or of a sufficient combination of such signatures and the prorated filing fee, the county elections official shall issue the nomination papers provisionally. Any candidate who submits a number of valid in-lieu signatures that meet the nomination signatures requirement and equals or exceeds the minimum number required by Elections Code § 8062 for his or her nomination paper shall not be required to file the nomination papers if they meet party

registration requirements. §§ 8061, 8M2, 8105, 8106(b)(3) & (b)(4)

32. Signatures In Lieu of Filing Fees - Determine Sufficienc)!

The last day for the county elections official to determine the sufficiency of the in-lieu signatures submitted by partisan candidates for all offices. Within 10 days after receipt of a petition, the county elections official shall notify the candidate of any deficiency. Before the close of the nomination period (E-88), the candidates notified shall either submit a supplemental petition or pay a prorated fee to cover the deficiency.

§ 81 06(b )(3)

5-11

JUNE 8, 2010, PRIMARy ELECTION CALENDAR

NOTE: .. Asterisked dates indicate that the date falls on a Saturday, Sunday. or a holiday; if the date is also a deadline. in most cases, it will move forward to the next business day. § 15

Mar 8, 2010 (E-92)

Mar 10,2010 (E-90)

Mar 12,2010 (E-88)

Mar 12,2010 (E-88) [5:00p.m.]

Mar 12, 2010 (E-88)

Mar 13* to Mar 17,2010 (E-87 to E-83)

[5:00 p.m.]

Mar 13* to Mar 26,2010 (E-87 to E-74) [5:oop.m_]

33_ Randomized Alphabet Drawing - Notice

The last day for the Secretary of State to notify the news media and other interested parties of the place oftbe randomized alphabet drawing

to be held at 11 :00 a.m. on March 18, 2010 (E-82). § 131l2( c)

34. Pre-Election Residency Confirmation Procedure - Deadline

By this date, the county elections official must complete the pre-election residency confirmation procedure. §§ 2220-2226

35_ Siwstures In Lieu of Filing Fees - Supplementa]

The last day a candidate may submit a supplemental in-lieu petition to the county elections official or pay a prorated portion of the filing fee to

cover any deficiency in the filing fee payment. § 81 06(b )(3)

36. Declaration of Candidacy and Nomination Papers Filing Deadline Not later than 5:00 p.m. on this day, all partisan candidates must deliver to the county elections official for filing their declarations of candidacy, nomination papers, and ballot designation worksheets.

§§ 8020,8063,8064, 13107.3

37. Candidate Statements in the County Official Sample Ballot Deadline The last day United States House of Representatives and state Senate and Assembly candidates may purchase space for a 2S0-word candidate statement in the official sample ballot(s) of the county or counties in the jurisdiction. Candidates for state Senate and Assembly may purchase statement space only if they have agreed to voluntary expenditure limits.

Gov. Code § 85601(c); Elec. Code § 13307.5

38. Nomination Period Extension

If an eligible incumbent United States Senator. Member of the United States House of Representatives. state constitutional officer, or Members of the State Senate OT Assembly fails to file nomination papers by March 12,2010 (E-88), a five-day extension is allowed fOT any person, other than the incumbent, if otherwise qualified, to file for the office during

the extended period. § 8022

39. Nomination Period Extension - Death of Only Partisan Candidate If only one candidate has filed nomination papers for a partisan nomination at the primary election and that candidate dies after

March 12, 2010 (E-88). and by March 17, 2010 (E-83). any person qualified under Elections Code section BOO 1 may circulate and deliver nomination documents for the office to the county elections official not

later than 5:00 p.m. on March 26, 2010 (E-74). § 8025

5-12

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