CM-010

ATTORNEY OR PARTY WlTHOVT ATTORNEY ( a N m -ABarnumber. and addmssj.

R I R COURT USE ONLY

&ward C. Noonan, Pamela Barnett, Sharon Chickering, George Miller, Tony Doh, Neil Turner, Gary Wilmott Ad Hoc Registered Voters, all wepreseated by an attorney 1713 11th Ave., Olivehurst, CA 95961 ALL 5cLF f l r ~ , ? c ~ 7 - @ , 5 f l f l & ~ d ~ ~ a?WE s 5,
TELEPHONENO.:
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530.845.5 186

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STREET ADCRESS:
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CASE NAME:

Edward C . Noonan et a1 v. Secretary of S a e Debra Bowen et a1 tt

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Complex Case Designation Limited Counter Jolnder (Amount (Amount JUDGE: demanded demanded is Filed with first appearance by defendant MPT: exceeds $25,000) $25,000 or less) (Cal. Ruies of Court, rule 3.402) Items 1-6 below must be completed (see instnrdions on page 2). 1 . Check one box below for the case type that b s describes this case: 1 et 1 -. Auto Tort Contract Pfwklonally Complex Chrll Litigation Breach of contracthananty (06) (Cal. Rules of Court, rutes 3.400-3.403) Auto (22) Uninsured motorlst (46) Rule 3.740 colledions (09) - AntitrusUTrade regulation(03) Other PlIPDMn] (Personal lnjury/Property 0 Otter coNecHons (09) UI n d e f e c t m ) DamageMlmngful Death) Toct Mass tort (40) Insurancecoverage (18) Asbestos (04) I s e a r r i t i e s litigation(28) m c o n t r a d (37) Produd liabilii (24) Real Property EnvivironmentaVfoxktort (30) Mediml malpractice(45) ( Eminent domainllnverse lnsuran,ce coverage dalms arising from the condemnation (14) above l~stad provisionallycomplex case Other PVPDNJD (23) types (41) 1 n g f u l eviction (33) NonPVPOMlO(Other) Tort Enfonementof Judgment real Propem (26) BusinesstorUunfair buslness practice (07) Io r mntt judgment (20) ~ n f C i i i rights (08) Unlawhrl Detainer Imedal(31) Defamation (13) Miscellaneous CMI Complaint Ftaud (16) Residential (32) RICO (27) lntelledual property (19) D w s (38) I r comotalnt (not meded above) (42) . . .. . I o n a l negligence (25) Judicial Review MWbneous CMI PetWon Asset forfeiture (05) 0 I r mPVPDMID tort (35) Partnership and corporate gowrnance (21) ~m~la~mea petition re: ahmion award (11I mer perfion m e d (not (43) Io\hongful termination (36) J of mandate (02) ~~@0ymeflt(f5) I jdidal review (39) 2. This case is k/ not complex under rule 3.400 of the California Rules of Court If the case is complex, mark the is factors requiring exceptional judicial management: a. Large number of separately representedparties d. Large number of witnesses b. Extensive motion practice raising difficult or novel e. Coordination with related actions pending in one or more COurtS issues that will be time~onsuming resolve to in other counties, states, or countries, or in a federal court c. Substantial amount of documentary evidence ' f. Substantial postjudgment judicial supervision
Unlimited

VIL CASE COVER SHEET

34-203 2-004 %7t 66 1

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0 0 0 0 0

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3. Remedies sought (checkail that apply): a . 0 monetary b. nonmonetary;.dedaratory or injunctive relief 4. Number of causes of action (specit)): 5. This case is is not a class action suit. 6. If there are any known related cases, file and serve a notice of related case.(You may US8 Tom, CM-015.)

c. =punitive

Date:

11/6/12
W E OR PRINT NAME) P

Pamela Barnett
Plaintiff must file this cover sheet with the first under the Probate Code, Family Code, or Wel in sanctions. File this cover sheet in addition to any cover sheet required by local court rule. If this case is complex under rule 3.400 et seq. of the Califomia Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes on2;-,
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F m Adopted for btxdatory use

Jud~aal Carnal of Callfwnia CM-WO[Rev. ~ u i y 20071 I.

CIVIL CASE COVER SHEET

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SUPERIOR COURT OF CALIFORNIA County of Sacramento 720 Ninth Street Room 102 Sacramento, CA 95814-1380 (916) 874-5522 www.saccourt.ca.gov

NOTICE OF CASE ASSIGNMENT Proceeding for Writ of Mandate and/or Prohibition Case Number : 34-20 12-00117166-CU-WM-GDS This case has been assigned for all purposes to the judicial officer indicated below pursuant to rule 3.734 of the California Rules of Court and Sacramento Superior Court Local Rule 2.01; it is exempt from the requirements of the Trial Court Delay reduction Act and the Case Management Program under Chapter 11 of the Sacramento Superior Court Local Rules. JUDGE COURT LOCATION Gordon D. Schaber Courthouse DEPT. PHONE (91 6) 874-5522

The petitioner shall serve all parties with a copy of this order and a copy of the Sacramento Superior Court Guide to the Procedures for Prosecuting Petitions for Prerogative Writs. The Guide is available in Room 102 of the courthouse, from the clerk of the department to which this matter has been assigned, and on the "Civil" page of the Sacramento Superior Court internet website (www.saccourt.ca.~ov). Scheduling LContact the clerk in the assigned department to schedule any judicial proceedings in this matter, including hearings on ex parte applications and noticed motions. Other Information Pursuant to Local Rule 2.01, revised January 1,2007, all documents submitted for filing in this case shall be filed in person at the Civil Front Counter (Room 102) or by mail addressed to the Clerk of the Sacramento Superior Court, Attn: Civil Division-Room 102. For documents filed within one day of the hearing, an endorsed copy shall also be delivered to the assigned department. For specific requirements, including procedures for tentative rulings, please see the. Sacramento Superior Court Guide to the Procedures for Prosecuting Petitions for Prerogative Writs. Any administrative record must be lodged with the assigned department.

Date: 01/17/2012

Signed:

/ / 2 1Muniz s :

Emestina Muniz, Deputy Clerk Notice of Case Assignment -

CV\E-181 (Rev 10 10 2010)

Page 1 of 1

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Edward C. Noonan, Pamda Barnett, Sharon Chickering, George Miller, Tony Dolz Neil Turner, Gary Wilmott -. - ..- . . . .. .
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Petitioners, v.

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Debra 6 individually and officially as The California Seuwttxy af State at

PETITION FORA PREROGATIVE WRIT OF MANDATE and RESTRAINT OF

FUND RAISING

1500 1 l'hStreet sth Floor Sacramento, CA, 958 14;

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Barad< Hussein Obama Il; OBAW FOR AMERICA W F O R N M at NORTHERN CALfFORNIA HQ 3225 Adeiine Street
Entities. Respondents.

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Berkeley, CA 94703; John and Jane Does and XYZ )

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Petitioners Edward C. Noonan, Pamela Bamett, Sharon Chickering, George Miller,

Tony Dolz, Neil Turner, Gary Wilmott are A d Hoc registered voters of California, each self represented without an attomey.that hereby bring this petition for a Prerogative Writ

---

of Mandate of the California Secretary of State (SOS) to bar ballot access of ineligible
declared candidates for office of President of the United States (POTUS) at the 2012

election cycle with restraint of fund raising of such committees as all Petitioners allege:

1
1

Parties I 1. Petitioner Edward C. Noonan (a.k.a. "Edward Noonan" hereinafter known as I ( "Petitioner Noonannand collectively of 'Petitioners") is a Natural born Citizen (NBC)
resident in California and registered to vote in the 2012 Election cycle: and is the PETITION for PREROGATIVEWRIT Page I of 21

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

declared Candidate for office of POTUS for the American Independent Party located for service at 1713 11th Avenue Olivehurst, CA 95961 with email: ednoonan7@gmail.com. 2. Petitioner Pamela Barnett (hereinafter known as Petitioner Barnett and collectively of Petitioners) is a natural person resident in California and registered to vote in the 2012 Election cycle, and located for service at 1713 11th Avenue Olivehurst, CA 95961 with telephone 530.718.0843 and email: pamelabarnett@mail.com. 3. Petitioner Sharon Chickering (hereinafter known as Petitioner Chickering and collectively of Petitioners) is a natural person resident in California and registered to vote in the 2012 Election cycle, and located for service at 1713 11th Avenue Olivehurst, CA 9596 with telephone: 858.716.9367 and email: sharonchickering@aol.com. 4. Petitioner George Miller (hereinafter known as Petitioner Miller and collectively of Petitioners) is a natural person resident in California and registered to vote in the 2012 Election cycle, and located for service at 1713 11th Avenue Olivehurst, CA 95961 with telephone: 805.807.5114 and email: microcapmaven@aol.com. 5. Petitioner Tony Dolz (hereinafter known as Petitioner Dolz and collectively of Petitioners) is a natural person resident in California and registered to vote in the 2012 Election cycle, and located for service at 1713 11th Avenue Olivehurst, CA 95961 with telephone: 310.371.7500 and email: tony@dolz.com. 6. Petitioner Neil Turner (hereinafter known as Petitioner Turner and collectively of Petitioners) is a natural person resident in California and registered to vote in the 2012 Election cycle, and located for service at 1713 11th Avenue Olivehurst, CA 95961 with telephone: 760.431.8899 and email: NBTurner@Earthlink.net. 7. Petitioner Gary Wilmott (hereinafter known as Petitioner Wilmott and collectively of Petitioners) is a natural person resident in California and registered to vote in the
PETITION for PREROGATIVE WRIT Page 2 of 21

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

2012 Election cycle, and located for service at 1713 11th Avenue Olivehurst, CA 95961 with telephone: 805.630.0330 and email: gmwesq@sbcglobal.net 8. Respondent Debra Bowen (hereinafter known as Respondent Bowen, or SOS and collectively of Respondents), is a natural person sued in her official capacity as the Secretary of State of the State of California (SOS), with place of business located at 1500 11th Street, 5th Floor Sacramento, CA, 95814 Fax (916) 653-3214 with CAL. ELEC. CODE 10: California Code - Section 10 is the chief of elections officer of the state, and has the powers and duties specified in Section 12172.5 of the Government Code; and individually herein for breach of Fiduciary Duty. 9. Respondent Barack Hussein Obama II (hereinafter known as Respondent Obama and collectively of Respondents), is a natural person who is a declared 2012 candidate in California for formation of an elector slate for the office of the POTUS with place for service located at Obama for America California Headquarters (Berkeley, CA) 3225 Adeline St., Berkeley, CA 94703 (see https://my.barackobama.com/page/event/detail/officeopening/gplwv7). 10. Respondent Obama for America California (hereinafter known as Respondent Obama California Committee and collectively of Respondents) is an Ad Hoc entity formed solely for forming an elector slate in the 2012 Election cycle in California to reelect Respondent Obama to the office of POTUS, and is located at the Northern

California HQ (Berkeley, CA) 3225 Adeline St Berkeley, CA 94703 according to the

Obama for America headquarters located at Obama for America, P.O. Box 803638, Chicago, IL, 60680 telephone: 312-698-3670. http://www.barackobama.com/contactus?source=footer-nav with National Finance Chair Penny Chairwoman Penny S.

PETITION for PREROGATIVE WRIT Page 3 of 21

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Pritzker, the treasurers Martin Nesbitt, Andrew Tobias, and DNC Chairwoman Debbie Wasserman Schultz. II JURISDICTION 11. Venue is proper in the County of Sacramento, and this is the proper court for this Petition as the events complained of occur within this county because it involves the Secretary of State of California (SOS) and as the Respondent Obama is a declared candidate defined by CAL. ELEC. CODE 350 (b) "Candidate," as used in Article 1
(commencing with Section 20200) now is fund raising in California statewide for the 2012

Election cycle including a Direct Primary (1) if it will occur at SOS discretion; and then the General Election ballots with CA Election Code (CEC) 12; were the Primary to proceed with an ineligible candidate(s) illegally, would result in Respondents liability to reimburse the cost of the primary and costs incurred of any opposing candidate and or Petitioner(s) herein along with those similarly situated; and that jurisdiction shall be given preference in the CA Courts with CAL. CCP. CODE 44 (2) that according to CAL. ELEC. CODE 8800: California Code - Section 8800. No candidate whose declaration of candidacy has been filed for any primary election may withdraw as a candidate at that primary election. Must be removed by Judicial Order.

CAL. ELEC. CODE 316: California Code - Section 316. "Direct primary" 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 for at the ensuing general election or to elect members of a party central committee. 2 : CA. CCP Code 44, California Code - Section 44. Appeals in probate proceedings, 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 election campaign shall be given preference in hearing in the courts of appeal, and in the Supreme Court when transferred thereto. 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 parties. PETITION for PREROGATIVE WRIT Page 4 of 21

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33

12. That as for Petitioners right to standing and relief with California the Secretary of States Elections Division Elections Code 13314 states the following as the challenge needs to be before the ballots are printed: (a)(1) An elector may seek a writ of mandate alleging that an error or omission has occurred, or is about to occur, in the placing of a name on, or in the printing of, a ballot, sample ballot, voter pamphlet, or other official matter, or that any neglect of duty has occurred, or is about to occur. (2) A peremptory writ of mandate shall issue only upon proof of both of the following: (A) That the error, omission, or neglect is in violation of this code or the Constitution. (B) That issuance of the writ will not substantially interfere with the conduct of the election. (3) The action or appeal shall have priority over all other civil matters. (4) The Secretary of State shall be named as a respondent or a real party in interest in any proceeding under this section concerning a measure or a candidate described in Section 15375, except for a candidate for judge of the superior court. (b) Venue for a proceeding under this section shall be exclusively in Sacramento County in any of the following cases: (1) The Secretary of State is named as a real party in interest or as a respondent. (2) A candidate for statewide elective office is named as a party. (3) A statewide measure that is to be placed on the ballot is the subject of the proceeding. III - BACKGROUND FACTS 13. As background, the Office of the Secretary of State of California is the California agency responsible for certifying candidates for inclusion on the ballot. Historically, California Secretaries of State have exercised their due diligence by reviewing necessary background documents, verifying that the candidates that were submitted by the respective political parties as eligible for the ballot were indeed eligible. In 1968, the Peace and Freedom Party submitted the name of Eldridge Cleaver as a qualified
PETITION for PREROGATIVE WRIT Page 5 of 21

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

candidate of resident of the United States. The then SOS, Mr. Frank Jordan, found that, according to Mr. Cleavers birth certificate, he was only 34 years old, one year shy of the 35 years of age needed to be on the ballot as a candidate for President. Using his administrative powers, Mr. Jordan removed Mr. Cleaver from the ballot. Mr. Cleaver unsuccessfully challenged this decision to the Supreme Court of the State of California, and, later, to the Supreme Court of the United States. Similarly, in 1984, the Peace and Freedom Party listed Mr. Larry Holmes as an eligible candidate in the Presidential primary. When the then SOS checked his eligibility, it was found that Mr. Holmes was similarly not eligible, and Mr. Holmes was removed from the ballot. 14. Based upon information and belief in California there is no filing fee or signed declaration required to run for POTUS according to the SOS website at http://www.sos.ca.gov/elections/2012-elections/faq-2012-candidate-filing.htm. 15. Based upon information and belief in California the 2012 Election cycle Calendar posted at the SOS website at http://www.sos.ca.gov/elections/2012elections/calendar/pdfs/section-6-primary-election.pdf the Primary with election are to be held June 5, 2012 (see Exhibit 1). 16. According to the Calendar shown as Exhibit 1 at page 6-3, the Publication Dates Announcement of Selected Presidential Candidates Democratic Party is Jan 7, 2012* through Mar 29, 2012 (starting on Monday January 9, 2012 because 7th is a Saturday), and the Presidential Nomination Papers of the Democratic Party due between Jan 27, 2012 and March 24, 2012 or the next business day. 17. That were Respondent Bowen to decide not to use her discretionary authority to vet declared candidate Obama for the 2012 Presidential Election cycle in California

PETITION for PREROGATIVE WRIT Page 6 of 21

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Petitioners would suffer irreparable harm starting no later than January 9, 2012 and therefore Petitioners demand the following expedited equity relief: PETITIONERS DEMAND BY PREROGATIVE WRIT OF MANDATE THAT SOS BAR RESPONDENT OBAMA BALLOT ACCESS IN CALIFORNIA ALONG WITH THOSE SIMILARLY SITUATED 18. Petitioners reallege each and every allegation contained in the above paragraphs 1 through 17 with the same force and effect as though herein set forth at length omits it for brevity in support of their demand by prerogative writ of mandate as time is of the essence with imminent irreparable harm that Respondent Bowen, SOS with authority to do so, bar Respondent Obama ballot access in California along with those similarly situated from the 2012 Election cycle from forming an elector slate for the office of POTUS for California. 19. Currently, we have a similar situation with a known ineligible declared candidate, Respondent Obama, for the office of POTUS in that the forensic proof of the ineligibility is admitted by Respondent Obama personally in published biographies admit that at his birth his father Barack Hussein Obama Sr. was a British subject while married to his mother a minor aged U.S. Citizen, and that is confirmed by the Hawaii divorce decree dated March 20, 1964 as between Stanley Ann D. Obama and Barack Hussein Obama Senior, decided by the Honorable Samuel P. King presiding Judge of the Circuit Court of the First Circuit of the State of Hawaii Division of Domestic Relations with Divorce No. 57972 so ordered adjudged and decreed that Stanley Ann Obama in her Hawaii marriage with Barack Hussein Obama Sr. divorced, thereby granting Stanley Ann Obama full custody of Barack Hussein Obama II and granting Barack Hussein Obama Senior the right of reasonable visitation, and that based upon information belief such a divorce required one year of separation to become final (see Exhibit 2).
PETITION for PREROGATIVE WRIT Page 7 of 21

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20. During June 2008 Respondent Obama had his campaign publish his short form COLB (see Exhibit 3) showing that Respondent Obama was born August 4, 1961 as the natural son to the minority aged U.S. Citizen mother Stanley Ann D. Obama married to the majority aged non-immigrant alien foreign student Barack Hussein Obama Senior then a British subject. 21. Then on or about April 27, 2011, Respondent Obama personally held a press conference as a material witness and participant to provide his alleged long form (LF) COLB (see Exhibit 4) that confirms the COLB released June 2008 shown as Exhibit 3 for the August 4, 1961 birth of the natural son to the minority aged U.S. Citizen mother married to the majority aged non-immigrant alien foreign student Barack Hussein Obama Senior then a British subject; and 22. Further, Respondent Obama absolutely admits and confirms he is not a Naturalborn Citizen (NBC) eligible to be POTUS as mandated by the U.S. Constitution Article II Section 1 paragraph 5 and as required by the State of California that: No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. 23. Further, that according to the Supreme Court of the United States (SCOTUS) precedent that applies herein to resolve the controversy is present in Minor. v. Happersett: 88 U.S. 162 (1875), 21 Wall. 162, and 22 L. Ed. 627 as summarized in Exhibit 5 , quote:

The decision in this case was that a woman born of citizen parents within the United States was a citizen of the United States, although not entitled to vote, the elective franchise not being essential to citizenship. (Emphasis added.)
The decision in Minor is twofold:
PETITION for PREROGATIVE WRIT Page 8 of 21

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1) woman are equal citizens to men; 2) voting is not a right of citizenship.

The first point is still good law. This may seem obvious now, but in 1875 it wasnt. Virginia Minor did not accept that citizenship without voting rights was equal citizenship. She argued that women were being treated as halfway citizens and she directly petitioned the Court for a determination which stated that women were equal citizens to men. The Court in Minor, referring directly to Article 2 Section 1, and specifically avoiding the 14th Amendment, held that women, if born in the US to citizen parents, were citizens and that their citizenship was equal to men. The Court further stated that this class of persons were natives, or natural-born citizens. The Court also held that while women were equal citizens to men, the Constitution did not provide a right to vote to anyone, male or female. This part of the holding was later erased by the 19th Amendment, but the citizenship determination remains as good law today. Therefore, the Courts decision in Minor operates against Obama being eligible, since his father was never a US citizen. 24. Further, therein In particular from the decision is the following crucial passage from Justice Waites opinion paying particular attention to the punch line:

20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37

[T]he Constitutionprovides that no person except a natural-born citizen, or a citizen of the United States at the time of the adoption of the Constitution, shall be eligible to the office of PresidentThe Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their [88 U.S. 162, 168] parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens. The words all children are certainly as comprehensive, when used in this connection, as all persons, and if females are included in the last they must be in the first. That they are included in the last is not denied. In fact the whole argument of the plaintiffs proceeds upon that idea. (Emphasis
added.); and

PETITION for PREROGATIVE WRIT Page 9 of 21

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25. Therefore, with the Minor SCOTUS precedent supported by no less than 25 citations thereafter into the twentieth century, and without any necessity to go into the prior history of the founders, the background of the enactment of the 13th Amendment, the 1866 Civil Rights Act then affirmed by 14th Amendment and or the 15th Amendment, that Respondent Obama, as well as anyone similarly situated, is not a natural-born Citizen eligible to be POTUS as mandated by the U.S. Constitution Article II Section 1 Paragraph 5, and must be barred from ballot access by Respondent Bowen as SOS starting no later than January 9, 2012 when the calendar designates SOS discretion to act or otherwise by this Court. 26. That Respondent Bowen as if under color of CEC 8800 were to act capriciously without fulfilling the ministerial duty to investigate the fraud or filing a Judicial action to bar Respondent Obama and or anyone similarly situated from the 2012 California Election cycle that according to the CAL. ELEC. CODE 12: California Code Sec. 12. Whenever any candidate files a declaration of candidacy, nomination paper, or any other paper evidencing an intention to be a candidate for any public office at any election in this state with either the Secretary of State or a county elections official, the candidate shall by the filing irrevocably appoint the Secretary of State or the county elections official with whom the filing is made, and their successors in office, the candidate's attorneys upon whom all process in any action or proceeding against him or her concerning his or her candidacy or the election laws may be served with the same effect as if the candidate had been lawfully served with process. The appointment shall continue until the day of the election.

If in any action or proceeding arising out of or in connection with any matters concerning his or her candidacy or the election laws it is shown by affidavit to the satisfaction of a court or judge that personal service of process against the candidate cannot be made with the exercise of due diligence, the court or judge may make an order that the service be made upon the candidate by delivering by hand to the Secretary of State or the county elections official appointed as the candidate's attorney for service of process, or to any person employed in his or her office in the
capacity of assistant or deputy, one copy of the process for the defendant to be served, together with a copy of the order authorizing the service. Service in this manner constitutes personal service upon the candidate. The Secretary of State and the county elections officials of all counties shall keep a record of all process served
PETITION for PREROGATIVE WRIT Page 10 of 21

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upon them under this section, and shall record therein the time of service and their action with reference thereto.

Upon the receipt of service of process the Secretary of State or the county elections official shall immediately give notice of the service of the process to the candidate by forwarding the copy of the process to the candidate at the address shown on his or her declaration, nomination paper, affidavit, or other evidence of intention to be a candidate filed with that officer, by special delivery registered mail with request for return receipt. (Emphasis added by Plaintiff)
27. That according to CAL. ELEC. CODE 17: California Code - Section 17. The Secretary of State shall establish and maintain administrative complaint procedures, pursuant to the requirements of the Help America Vote Act of 2002 (42 U.S.C. Sec. 15512), in order to remedy grievances in the administration of elections. The Secretary of State may not require that the administrative remedies provided in the complaint procedures established pursuant to this section be exhausted in order to pursue any other remedies provided by state or federal law. 28. That according to CAL. ELEC. CODE 18203: Any person who files or submits for filing a nomination paper or declaration of candidacy knowing that it or any part of it

has been made falsely is punishable by a fine not exceeding one thousand dollars
($1,000) or by imprisonment in the state prison for 16 months or two or three years or by both the fine and imprisonment. (Emphasis by Petitioner) 29. That accordingly to CAL. ELEC. CODE 18500: Any person who commits fraud or attempts to commit fraud, and any person who aids or abets fraud or attempts to aid or abet fraud, in connection with any vote cast, to be cast, or attempted to be cast, is guilty of a felony, punishable by imprisonment for 16 months or two or three years. 30. That SCOTUS held in Storer Et al. v. Brown, Secretary of State of California, Et

al. 415 U.S. 724 (1974) in regards to a California compelling state interest to prevent
fraud cited Bullock v. Carter, 405 U. S., at 145, when the unanimous SCOTUS Court decision said: "The Court has recognized that a State has a legitimate interest in regulating the number of candidates on the ballot. Jenness v. Fortson, 403 U. S., at 442;
PETITION for PREROGATIVE WRIT Page 11 of 21

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Williams v. Rhodes, 393 U. S., at 32. In so doing, the State understandably and
properly seeks to prevent the clogging of its election machinery, avoid voter confusion, and assure that the winner is the choice of a majority, or at least a strong plurality, of those voting, without the expense and burden of runoff elections. Moreover, a State has an interest, if not a duty, to protect the integrity of its political processes from frivolous or fraudulent candidacies. Jenness v. Fortson, 403 U. S., at 442." 31. That as a pattern of arbitrary and capricious acts ignoring such compelling state interest to prevent fraud, Respondent Bowen shows neglect of duty especially as to candidate eligibility matters unlike the prior California Secretary of State Kevin Shelley intention to enforce the presidential candidate requirements going into the March 2, 2006 Primary even when discretionary; whereas Respondent Bowen did not make such a pledge and when Plaintiff challenged the Natural Born Citizen status of Democratic Candidate Obama in the 2008 Election cycle as challenged in the Lightfoot et al. V

Bowen case, Defendant Bowen arbitrarily refused to act as was done by previous
California Secretaries of State as with Cleaver v. Jordan (1968) 393 U.S. 810. 32. Petitioners as registered voters must jump through many hoops to obtain registration status to vote at the coming election, were Respondent Bowen to fail to provide equal treatment with declared candidates starting January 9, 2012 as the Calendar shows as Exhibit 1, Petitioners would suffer arbitrary and capricious treatment, and irreparable harm were an ineligible candidate(s) to appear on the ballot at the 2012 election cycle; and that were any declared candidate not subjected to at least equal questioning as Petitioners must do, an affirmation of each declared candidates eligibility to be on the ballot must be obtained or Respondent Bowen would deny Petitioners substantive due process to assure eligibility requirements are met. Whether the duty is discretionary or not, it goes to Respondent Bowens partisan bias and malice

PETITION for PREROGATIVE WRIT Page 12 of 21

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

were such compliance withheld, depending only upon an unelected body of Party agents for such affirmation, far too late to effect the election cycle and thereby facilitates fraud and dilution of Petitioners reasonable expectation for participation in the election among other injuries. PETITIONERS DEMAND FOR A PERMANENT RESTRAINING ORDER TO BAR RESPONDENT OBAMA FROM FUND RAISING ALONG WITH THOSE SIMILARLY SITUATED WHO ARE INELIGIBLE TO BE A CANDIDATE FOR OFFICE OF POTUS 33. Petitioners reallege each and every allegation contained in the above paragraphs 1 through 32 with the same force and effect as though herein set forth at length omits it for brevity in support of Petitioners demand for a permanent restraining order to bar Respondent Obama and or his agents associated with Respondent OBAMA FOR

AMERICA CALIFORNIA be barred from fund raising or soliciting funds under the guise
of the elections cycle as must apply for all those similarly situated who are ineligible to be a candidate for office of POTUS. 34. . Respondent Obama is prohibited from fund raising as defined in CAL. ELEC. CODE 350 (b) "Candidate," as used in Article 1 (commencing with Section 20200). WHEREFORE, the issuance of the requested writ will not substantially interfere with the conduct of the election as no candidate as of yet has been put on the ballot, Petitioners wish an expedited writ of mandate is issued by the Court to the Respondents requiring: 1. A temporary restraining order of Respondent Bowen to bar the setting of the Democratic Party ballot of the primary and or General Election until the matter of eligibility and ballot access for Respondent Obama is heard. 2. A temporary restraining order of Respondent Obama and or his agents associated with the Obama for American California from further fundraising in California until, further notice by the court. 3. A permanent Injunction against Respondent Obama and Respondent SOS as to Respondent Obama ineligibility barring ballot access.
PETITION for PREROGATIVE WRIT Page 13 of 21

( 5. For such other and further relief as the court may deem just and proper. I Each Petitioner below listed declares under penalty of perjury under the laws of the I1
State of California that the foregoing is true and
DATED: Olivehurst, Yuba County, California

4. For costs and attorney fees of suit herein incurred according to statute; and,

January 5,2012

DATED:

@&FF

California

January 3-,2012

DATED:

California January

, 2012
Sharon Chickering, self represented

California
DATED:

January

, 2012
George Miller, self represented

DATED:

California January

, 2012
Gerald Reaster, self represented

DATED:

California January

, 2012
Neil Turner, self represented

DATED:

California January

, 2012
Gaty Wilmott, self represented

PETITION for PREROGATIVE WRIT Page 14 of 21

1 2

4.

For costs and attorney fees of suit herein incurred according to statute; and,

5. For such other and further relief as the court may deem just and proper. Each Petitioner below Hsted declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: January __ California , 2012 Edward C. Noonan, self represented DATED: ____ January __ California , 2012 Pamela Barnett, self represented DATED: ____ January __ California , 2012 Sharon Chickering, self represented DATED: ____ January __ California , 2012 George Miller, self represented DATED:

3
4 5 6 7 8 9 10

11 12
13 14

15 16 17 18

19
20

21
22 23
24

---January __

California , 2012 Tony Dolz, self represented

25
26

DATED:

C'A8.LSlfAO

California

27
28 29 30 31

January~,

2012

Neil Turner, self represented DATED: ____ January __ California

71d~

.2012
Gary Wilmott, self represented

32 33
34

PETITION for PREROGATIVE

WRIT Page 14 of 21

VERIFICATION STATE OF CALIFORNIA COUNTY OF YUBA

1
) ss.

Accordingly, I, Edward C. Noonan, being duly sworn, depose and say under penalty of perjury:
1. That 1 am the Plaintiff self represented without being an attorney, over 21 years of

age with place for service at 1713 1 I Avenue Olivehurst, CA 95961. th

2. 1 have read the above Petitioners' petition for a Prerogative Writ of Mandate of

the California Secretary of State (SOS) to bar ballot access of ineligible declared candidates for office of President of the United States (POTUS) at the 2012 election cycle with restraint of fund raising of such committees as a matter of imminent harm and irreparable injury with time as the essence, and I know its contents; the facts stated are true to my own personal knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds of my beliefs as to all matters not stated upon information and belief are as follows: 3'* parties, books and records, and personal knowledge. except as to those stated upon information and belief, which I believe to be true.

Sworn to before me This 5th day of Jan

PETITION for PREROGATIVE WRIT Page 15 of 21

State of California

Subscribed and sworn to (or affirmed) before mu on this 20)L,by

rn e.

5%clay of ZAIJ'

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flabv,ad-

proved to me on the basis of satisfactory evidence to be the person(s) w h o appeared before

Notary Signature
(Seal)

DESCRIPTION O F ATTACHED DOCUMENT:

Title or Type of Document: Date of Document:

NO. of pages

T o order supplies corltact the Academy

of N o t a r i e s Public at w \ n v . A c n d e ~ n v o M o t n r i e s P ~ ~ b l i c . c o ~ (800) or call 927.5468

42

Acildenly of Nori1rir.s I'iiblic

VERIFICATION STATE OF CALIFORNIA COUNTYOF

1
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-flaw

Accordingly, I,PAMELA BARNETT, being duly sworn, depose and say under penalty of perjury under the laws of the State of California:

3. That I am the Plaintiff self represented without being an attorney, over 21 years of
age with place for service at 1713 11th Avenue Olivehurst, CA 95961.

4. 1 have read the above Petitioners' petition for a Prerogative Writ of Mandate of
the California Secretary of State (SOS) to bar ballot access of ineligible declared candidates for office of President of the United States (POTUS) at the 2012 election cycle with restraint of fund raising of such committees as a matter of imminent harm and irreparable injury with time as the essence, and I know its contents; the facts stated are true to my own personal knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds of my beliefs as to all matters not stated upon information and belief are as follows: 3rdparties, books and records, and personal knowledge. except as to those stated upon information and belief, which I believe t

f l

Sworn to before me This - day of January 2012

q4Y

amela Bamett

PETITION for PREROGATIVE WRIT of MANDATE and RESTRAINT OF FUNDRAISING Page 16 of 21

CALIFORNIA JURAT WITH AFFIANT STATEMENT

See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary)

Signature of Document Signer No. 1

Signature of Document Signer No. 2 (if any)

State of California

Subscribed and sworn to (or affirmed) before me on this

day of

h,

NamP of Signer

proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,)

Name of Signer

proved to me on the basis of satisfactory evidence

Place Notary Seal Above

Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Further Description of Any Attached Document

Document Date:

Number of Pages:

Signer(s) Other Than Named Above:

Q 2009 National Notary Association NationalNotary.org 1-800-US NOTARY (1-800-876-6827)

Item #5910

1 2 3 4
5 6

VERIFICATION STATE OF CALIFORNIA COUNTYOF

>

C- !LA.I ".f!::.' 1\ ss. ---;;;;:,)-I~~\1---\-------------------

----

7 8
9

Accordingly, I, Neil Turner, being duly sworn, depose and say under penalty of perjury under the Jaws of the State of California: 11. That I am the Plaintiff self represented without being an attorney, over 21 years of age with place for service at 1713 11th Avenue Olivehurst, CA 95961. 12. I have read the above Petitioners' petition for a Prerogative Writ of Mandate of the California Secretary of State (SOS) to bar ballot access of ineligible declared candidates for office of President of the United States (POTUS) at the 2012 election cycle with restraint of fund raising of such committees as a matter of imminent harm and irreparable injUt)cwith time as the essence, and I know its contents; the facts stated are true to my own personal knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds of my beliefs as to all matters not stated upon information and belief are as follows: 3rd parties, books and records, and personal knowledge. except as to those stated upon information and belief, which I believe to be true.

10 11 12
13 14

15
16

17
18 19 20

21 22 23
24

Neil Turner Sworn to before me This ~ day of January 2012

7J~
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25
26

27
28

29 30
31

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32 33

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WRIT Page 20 of 21

HERMIE AQUINO Commission # 1889269 Notary Public - California San Diego County

PETITION for PREROGATIVE

Noonan e al. v Deborah Bowen et al. PETITION FOR A PREROGATIVE WRIT OF MANDATE and RESTRAINT OF FUND RAISING

Exhibit 6

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SUPERIOR COURT OF CALIFORNIA

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COUNTY OF SACRAMENTO

) Case No.

Edward C. Noonan, Pamela Barnett, S m n Chkkering, George Miller, ,TO~ $ 5 ;;Neil ~ 4 Turner, Gary Wlmott
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1 1
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Petitioners, v. Debra Bowen individually,andofficially as The California Secretary o State at f 1500 1l'hStreet,' Floor Sacramento, CA, 95814: 5 BarackHussein0bamaII;OBAMAFOR AMERE4 CAL/FORNlAat NORTHERN CAL/FORN/AHQ 3225 Adeline Street Entities.

1
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MEMORANDUM IN SUPPORT OF PETITION FOR A PREROGATIVE WRlT OF MANDATE and RESTRAINT OF

FUND RAISING

1
) )
X

Berkeley, CA 94703;John and Jane Does and XYZ )

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

---------

Respondents.

--

This is the Memorandum of Petitioners Edward C. Noonan, Pamela Barnett,

27
28

along with Sharon Chickering, George Miller, Gerald Reaster, Neil Turner, Gary Wilmott
AdHoc

29

are registered self IThat Petitioner Noonanvoters California, eachclass representedwithout an attorney is representative of the of all (NBC)
of

30

I1
11
B

Natural-born C&en

candidates as a declared candidate for the office of President of the United States

31

(POTUS) born on U.S. soil of U.S. Citizen parents at his birth date, and issues this

32

Memorandum along with Petitioner Bamett who is representative of the class of all U.S.

citizens registered to vote in California that hereby bring this petition with Elections Code

33 34

813314 for a Prerogative Writ of Mandate of the California Secretary of State (SOS) to

3s

bar Respondent Obama ballot access as a U.S. Constitution Art. 2 51 ineligible declared

MEMORANDUM for PREROGATIVE WRIT Page 1 of 5

II

substantially interfere with the conduct of the election. Moreover as a matter of equity

and the unjust enrichment accruing and now used to subvert the election process by Respondent Obama and his agents with the Obama for America California organization and related agents and entities fail to met the requirement of eligibility but nevertheless

II

continue fundraising as against public policy as a matter of fraud that must be enjoined immediately by the court.. The State has an interest, if not a duty, to protect the integrity of its political processes from frivolous or fraudulent candidacies. Jennessv. FoItsonL

I
II

403 U. S.. at 442. In conclusion Respondents along with those similarly situated are timely in filing, have no other forum to obtain relief, have suffered irreparable harm now, and would suffer further compound imminent harm were equity relief not issued; for Petitioners declare under penalty of perjury under the laws of the State of California that

II
I

the foregoing is true and correct.

A d Hoc registered voters of California, each self represented without an attorney at 1713 11th Avenue Olivehurst, California 95961 Telephone: 530-845-5186

DATED: Yvb ck b+alifornia January (- ,2012

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~ c k h r d Noonan, setf represented C.

DATED: /ik-galifornia January ,2012

MEMORANDUM for PR

substantially interfere with the conduct of the election. Moreover as a matter of equity and the unjust enrichment accruing and now used to subvert the election process by Respondent Obama and his agents with the Obama for America California organization and related agents and entities fail to met the requirement of eligibility but nevertheless continue fundraising as against public policy as a matter of fraud that must be enjoined immediately by the court.. The State has an interest, if not a duty, to protect the integrity of its political processes from frivolous or fraudulent candidacies. Jennessv. Forson, 403 U. S., at 442. In conclusion Respondents along with those similarly situated are timely have no other forum to obtain relief have suffered irreparable harm now compound imminent harm were relief not issued for Petitioner declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
AdHoc registered voters of California, each self represented without an attorney at 1713 1 1th Avenue Olivehurst, California 95961 Telephone: 530-845-5186

DATED: Olivehurst, Yuba County, California January 5,2012

DATED:

California January </, 2012

MEMORANDUMfor PREROGATIVE WRIT Page 5 of 5

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1 1 / / + h c i c % oj* 73 SUPERIOR COURT OF CALIFORNIA "%, QSPa / , ( n-cs~ g ~ ~

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Edward C. Noonan, Pamela Bamett, Sharon Chickering, George Miller, Tony Dolz, Neil Turner, Gary Wilmott
-

) Case No. )

Petitioners,
v.

I
) ) ) )
)
)

m Bowen individually and officially as California Secretary of State at

1lthstreet, sth Floor Sacramento, CA, 95814;

PROPOSED ORDER TO SHOW CAUSE FOR A PREROGATIVE WRIT OF MANDATE and RESTRAINT OF FUNDRASING

ck Hussein Obama II; OBAM FOR CALIFORMIAat NORTHERN HQ 3225 Adeline Street

1 1
) )
X

94703; John and Jane Does and XYZ )

24 25

1 ---------------------------------------- Respondents.
I

Upon reading and filing the Petition and verification affidavits of Petitioners Edward C.

27
28

29

31

32
33 34

/ I I i I jI /

Noonan, Pamela Bamett, along with Sharon Chickenng, George Miller, Tony Dolz, Neil

Turner, Gary Wilmott affirmed as Ad Hoc registered voters of California, each selfrepresented without an attorney with annexed exhibits and supporting Memorandum day of January 2012 by Petitioner Noonan as a declared

I I

declared to on the

candidate and Petitioner Bamett representative of the class of all U.S. citizens registered to vote in California that hereby bring this petition with Elections Code 913314

for a Prerogative Writ of Mandate of the Califomia Secretary of State (SOS) to bar Respondent Obama ballot access as a U.S. Constitution Att. 2 51 ineligible declared

candidate for office of POTUS at the 2012 election cycle as defined by the SCOTUS

1 2 3 4 5 6 7

precedent of Minor. v. Happersett: 88 U.S. 162 (1875), 21 Wall. 162, and 22 L. Ed. 627, and Petitioners having provided Respondent prior notice of this action before filing. Let the respondents or their attorney show cause at the _______, Room Department 29, of this Court, to be held at the Courthouse, 720 9th Street, Sacramento, California 95814, on the _____ day of _________________, 2012, at _______ oclock in the ______ noon or as soon as counsel may be heard why an order should not be made affecting the 2012 Election cycle with

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

1. A temporary restraining order of Respondent Bowen to bar the setting of the Democratic Party ballot of the primary and or General Election until the matter of eligibility and ballot access for Respondent Obama is heard. 2. A temporary restraining order of Respondent Obama and or his agents associated with the Obama for American California from further funding raising in California until, further notice by the court. 3. A permanent Injunction against Respondent Obama and Respondent SOS as to Respondent Obama ineligibility barring ballot access. 4. For costs and attorney fees of suit herein incurred according to statute; and, 5. For such other and further relief as the court may deem just and proper.

Pending the hearing of this motion it is ORDERED that Respondents are to a. A temporary restraining order of Respondent Bowen to bar the setting of the Democratic Party ballot of the primary and or General Election until the matter of eligibility and ballot access for Respondent Obama is heard.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

b. A temporary restraining order of Respondent Obama and or his agents associated with the Obama for American California from further funding raising in California until, further notice by the court. Pending the hearing of this motion it is ORDERED that Respondents attorneys are to be notified by Petitioners by overnight mail by delivery 24 hours prior to the hearing ordered herein with a copy of this order, and the papers upon which this order is granted; and furthermore, It is ORDERED that the California Secretary of State and the counsel for named Respondents shall appear or by his / her attorney show cause at the Department 29, Room _______, of this Court, to be held at the Courthouse, 720 9th Street, Sacramento, California 95814, on the _____ day of _________________, 2012, at _______ oclock in the ______ noon or as soon as counsel may be heard why an order should not be made affecting administration of election law. . Sufficient cause appearing therefore, let personal service of this order, and the

papers upon which this order is granted, upon the Respondents by their respective attorneys on or before the _____ day of January, 2012 be deemed good and sufficient. An affidavit or other proof of service shall be presented to this Court on the return date directed in the second paragraph of this order. ENTER

________________________