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UNITED STATES JUSTICE FOUNDATION GARY G. KREEP (CA SBN 066482) NATHANIEL J. OLESON (SBN 11276695) 932 "D" Street, Suite 2 Ramona, California 92065 Tel: (760) 787-9907 Fax: (760) 788-6414 Attorneys for Petitioners, .lohn Albert Diimniett, .Ir., Gll Houston, Larry Lakamp, Milo L. Johnson, Joe Ott, Markham Robinson, and the Constitution Party SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO JOHN ALBERT DUMMETT, JR.; MAR.KHAM ) Civil Action No.: ROBINSON, Chairman ofthe Executive ) Committee ofthe Stale Central Committee of the American Independent Parly ofCalifornia; THE PETITION FOR WRIT OF IVIANDATE CONSTITUTION PARTY; GIL HOUSTON; COMPELLING RESPONDENTS TO LARRY LAKAMP; MILO L. JOHNSON; and REQUIRE PROOF OF E L I G I B I L I T Y PRIOR JOE OTT; TO APPROVING PRESIDENTIAL Petitioners CANDIDATE NAMES FOR BALLOT PLACEMENT, AND TO DECLARE UNCONSTITUTIONAL CALIFOUNIA ELECTION CODE SECTION 6901 CALIFORNIA SECRETARY OP STATE DEBRA BOWEN, in her official capacily; DATE: ) TIME: Respondents.) DEPT: ) PRELIMINARY STATEMENT 1. This action challenges the laiiure of Respondent Debra Bowen, Calilbrnia Secretary of Slate (hereinafter referred to as "BOWEN"), to verify thai all candidates for the office of President of the United States seeking lo be placed on the California Presidential primary ballot are eligible for that office under the U.S. Constitution, Article 11, Section 1, Clause 5. INTRODUCTION 2. This Complaint is brought by Petitioners: John Albert Dummett, Jr. (hereinafter referred

C o o r t C)f CaHfornia,

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PETITION FOR WRIT OF iVlANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OF ELIGIBILITY PRIOR TO APPROVING PRESIDENTIAL CANDIDATE NAMES FOR BALLOT PLACEMEN'! AND TO DECLARE UNCONSTITUTIONAL CA EC 6901

to as "DUMMETT"), a write-in Presidential candidate in the 2012 California Republican Presidential primary; Markham Robinson, Chairman ofihe E.xecutive Committee ofihe Slale Central Commiliee ofthe American Independent Party ofCalifornia (hereinafter referred lo as "ROBINSON"); the 4 5 6 7 8 9 10 11 12 13 14 Constitution Parly (hereinafter referred to as "CONSTITUTION PARTY"), a national political party; Gil Houston (hereinafier referred to as "HOUSTON"), a regisiered Califomia voter; Larry Lakamp (hereinafter referred to as "LAKAMP"), a regisiered Califomia voter; Milo L. Johnson (hereinafter referred to as "JOHNSON"), a registered California voter; and Joe Otl (hereinafter referred to as "OTT"), a regisiered California voter (collectively referred to as "PETITIONERS"). PETITIONERS seek a determination by this Court as to vvhether BOWEN has verified thai all candidates for the 2012 California Presidential primary election have provided proof that they possess the minimum qualifications for the Office of President of the United Slates, and, if not, PETITIONERS hereby ask the Court to enjoin BOWEN from placing the names of such unverified candidates on the California Presidential primary election ballot, unless and until such time as BOWEN can show that each of said candidates have so verified their eligibility for the office. 3. 16 17 18 19 20 21 22 23 24 25 4. An unprecedented and looming constitutional crisis is before this court if BOWEN does

nol require that Presidential candidates provide proof lhat ihey meet the Article 2 requirements for the office of President prior to candidate names being placed on the ballot, since the voters can, and will, reasonably rely on the assumption that all names on the ballot have been verified as eligible for the office, and that the only remaining task for the voters is to select a candidate lo vote for. PARTIES Pelitioner DUMMETT, a citizen ofthe State of California, is running for President ofthe

Uniied Slates in the 2012 California Republican primary election (Federal Election Commission registration U P20002499). As a Presidential candidate, DUMMETT has an interest in having a fair competition for winning the Presidency. This inierest is akin to the interest ofan Olympic competition, where one ofihe competitors in an athletic competition is found to be using performance

PETITION FOR WRIT OF MANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OF ELIGIBILITY PRIOR TO APPROVING PRESIDENTIAL CANDIDATE NAMES FOR BALLOT PLACEMENT AND TO DECLARE UNCONSTITUTIONAL CA EC Jj 6901

enhancing drugs, but is nol removed from the competition, despite a violation ofthe rules, and all of the athletes vvho had trained for the event legitimately are harmed if that disqualifiedcontestant 3 4 5 6 7 8 9 10 1 remains, as the contestants would not be competing on a level playing field. If BOWEN is not required to verify the eligibility of all candidates who apply to be named on the California Presidential primary ballot under U.S. Constitution Article 11, Section 1, Clause 5, and candidates enter this race vvithout having met said eligibility requirements, then DUMMETT will be compelled to campaign against unqualified candidates on the California Republican Presidential primary ballot, and on the California Presidential general election ballot, and he vvill suffer irreparable harm due to his being denied a fair competition for the Presidential nomination, and in the Presidential general election. 5. Petitioner ROBINSON is the Chairman ofthe Executive Committee of the State Central Committee of the American Independent Parly of California (hereinafter referred as to "AIP"), he is a 13 14 15 16 17 18 19 20 21 22 23 24 25 citizen ofthe State ofCalifornia, and he resides in Solano County. As a resull of his position vvith the AIP, ROBINSON has an interest in ensuring lhal ils candidates for President only have lo compete againsl candidates vvho are eligible, under the United Stales Constitution, to run for, and serve as, President ofthe Uniied Slates. Hollander v. McCain, 566 P.Supp.2d 63 (D.N.H. 2008). 6. Pelilioner CONSTITUTION PARTY is an PEC recognized national political parly, and il

has candidates seeking election al all levels of slate and national elections. The Constitution Party, as a political parly, has an interest in ensuring thai its candidates for President only have to compete against candidates vvho are eligible, under the United Slates Constitution, to run for, and serve as, PresidenI ofthe Uniied Slales. Hollander v. McCain, 566 F.Supp.2d 63 (D.N.H. 2008). 7. Petitioner HOUSTON is a resident of Bulle Counly, California, and is registered as no

party preference. HOUSTON, as a California elector, has an interest in all Presidential candidates being verified as having the minimum requirements of eligibility prior to the placement of the candidate's name on the primary ballot. HOUSTON, under Senate Bill 28 (Chapter 898, Statutes

PETITION FOR WRIT OF MANDATE COMPELLING RESPONDENTS 10 REQUIRE PROOF OF ELIGIBILITY PRIOR TO APPROVING PRESIDEN TIAL CANDIDATE NAMES FOR BALLOT PLACEMENT AND TO DECLARE UNCONSTITUTIONAL CA EC i; 6901

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2000) has the oplion to vole for any Republican, Democrat, or American Independent Presidential primary candidate, and, for that reason, he has an interest in all candidates meeting the minimum requiremenis for eligibility. 8. Petitioner LAKAMP is a resident of Riverside County, California, and is registered as a

Republican. LAKAMP, as a California elector, has an interest in all Presidential candidates being veri fied as having the minimum requirements of eligibility prior to the placement of the candidate's name on the primary ballot. 9. Petitioner JOHNSON is a resident of Sacramenlo Counly, California, and is registered as

a Republican. JOHNSON, as a Califomia elector, has an interesl in all Presidential candidates being verified as having the minimum requirements of eligibility prior lo the placement ofthe candidate's name on the primary ballot. 10. Pelitioner OTT is a resident of Santa Clara County, Cali fornia, and is regisiered as a

Republican. OTT, as a California elector, has an interesl in all Presidential candidates being verified as having the minimum requirements of eligibility prior lo the placement ofthe candidate's name on the primary ballot. 11. Respondent BOWEN is the California Secretary of State, and, by virtue of her position, is

the Chief Elections Officer for the Stale ofCalifornia, and she is responsible for enforcing California election law, including verifying eligibility for office, and printing ofthe ballots for the 2012 primary election. VENUE 12. Venue for this wril is proper in the Sacramento County Superior Courl under California

Elections Code 13314(b), because the Secretary of Slale is named as a Respondent. THIS COURT HAS JURISDICTION OVER THIS ACTION BY CONSTITUTIONAL AND STATUORY LAW 13. California Constiiuiion, Article 6, 10, authorizes the California Superior Courts to hear 4 PETITION FOR WRIT OF MANDATE COMPELLING RESPONDENTS TO fUEQUlRE PROOF OF ELIGIBILITY PRIOR TO APPROVING PRESIDEN TIAL CANDIDATE NAMES FOR BALLO'T PLACEMENT AND TO DECLARE UNCONS'TTTUTIONAL CA EC 6901

writs of mandate. 14. A writ of mandate may be issued by any courl lo any inferior tribunal, corporaiion, board,

or person, lo compel the performance ofan act vvhich the lavv specially enjoins, as a duty resulting from an office, trust, or station, or lo compel the admission ofa parly to the use and enjoyment ofa right or office lo which the party is entitled, and from which the parly is unlawfully precluded by such inferior tribunal, corporation, board, or person (California Code of Civil Procedure 1085). 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15. Although courts often deny relief for a wril of mandamus, a vvrit of mandate should not be denied vvhen the issues presented are of great public importance and must be resolved promptly. Corheli V. Superior Cowl (App. I Dist. 2002) 125 Cal.Rptr.2d 46. 101 Cal.App.4th 649, review denied. 16. A courl is nol bound by precedent in determining facts and circumstances compelling

issuance of writ of mandamus, and a writ will issue againsl a city or other public body or officer wherever law and justice require. Bank.s v. Housing Aulhorily of Cily and Counly of San Fianci.sco (App. 1 Dist. 1953) l20Cal.App.2d 1, 260 P.2d 668, certiorari denied 74 S.CL 784, 347 U.S. 974, 98 L.Ed. 1114. 17. California State lavv provides lhal any voter in California may seek a writ of mandate for

errors in placing ofa name on the ballot: "An elector may seek a wril of mandate alleging that an error or omission has occurred, or is about to occur, in the placing ofa name on, or in the printing of, a ballot, sample ballot, voter pamphlet, or olher oi ficial matter, or that any neglect of duty has occurred, or is about to occur." California Elections Code 133 14(a)(1). 18. Further, the U. S. District Court in Hollander v. McCain held, "a candidate or his politica

parly has standing to challenge the inclusion ofan allegedly ineligible rival on the ballot, on the theory that doing so hurts the candidate's or parly's own chances of prevailing in the election." Hollander v. McCain, 566 F.Supp.2d 63 (D.N.H. 2008). Here, DUMMETT is a candidate for President and a California voter, who is concerned that one or more unverified candidates for President ofthe United Slates vvill be included on the California primary ballot, and the Conslilulion Party has a legitimate interest in ensuring that its candidates for Piesident are running only againsl Presidential candidates vvho

PETITION FOR WRl'T OF MANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OF ELIGIBILITY PRIOR TO APPROVING PRESIDENTIAL CANDIDATE NAMES FOR BALLOT PLACEMENT AND TO DECLARE UNCONSTTTIJ'TIONAL CA EC 6901

are eligible to run for and serve as President. 2 3 4 5 6 7 8 9 10 11 12 13 M 15 16 17 18 19 20 21 22 23 24 25 L E G A L BASIS ii. Thc Secretary OfStatc Has Failed To Comniy Witli Her Duty To Enforce Caliroriiia Election Law 19. The specifications of eligibility for the office of President ofihe Uniied States are listed

in Article II, 1, of the United States Constitution, vvhich provides as follows: "No person excepl a natural born Citizen, or a Citizen of the United Stales, al the time ofthe Adoption ofthis Constitution, shall be eligible lo the Office of President; neither shall any Person be eligible to lhat Olfice who shall nol have allained to the Age of thirty-five Years, and been fourteen Years a Resideni vvithin the United Slales." 20. These three requirements for holding the office of President, while clearly slated in the

U.S. Constitution, are not required by the California Secretary of Stale lo be proven by candidates seeking lo be named on the Presidential primary ballot. Por this reason, PETITIONERS, upon information and belief, have reason to believe that BOWEN has not required candidates to prove their eligibility for the office and, as a result, have formally placed on the ballot, and vvill place on fulure ballots, names of candidates who are ineligible lo hold the office of President, and should have been ineligible to run for said office. 21. PETITIONERS seek a determination as lo whether BOWEN has required candidates to

so prove their eligibility, and, ifnot, to mandate lhal BOWEN require sufficieni proof of eligibility before approving said candidates' names for the ballot. 22. There is a reasonable and common expectation by the voters lhat, lo qualify for the ballot,

the individuals running for office musl meel minimum qualifications, as outlined in the federal and state Constitutions and statutes, and that compliance vvith those minimum qualifications has been confirmed by the officials overseeing the election process. In some slales, a signed stateinent from the Presidential candidate, allesling to his or her meeting those qualifications, is required. The California 6 PETITION FOR WRTT OF MANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OF ELIGIBILITY PRIOR TO APPfiOVlNG PRESIDENTIAL CANDIDA TE NAMES FOR BALLOT PLACEMENT AND TO DECLARE UNCONSTTTU'TIONAL CA EC S 6901

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Secretary of State, requires no such verification. In 2008, the Democratic National Committee submitted an Official Certification of Nomination to the Hawaiian Secretary of Slate signed by Nancy Pelosi and Alice Travis Germond, the Chair and Secretary ofthe Democratic National Committee, lo certify lhat Barack Hussein Obama, Jr. (hereinafter referred to as "OBAMA"), vvas legally qualified under the U.S. Constitution to run for and serve as PresidenI (attached as "EXHIBIT A"). No similar

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documentation is required or requested by BOWEN. Even Ihough the certification vvas not accompanied by any documentation proving eligibility under Article I , Section 2, of the United Stales Constitution, and despite the fact that il was submitted wilhoul a signature from OBAMA, this shows lhal Hawaii al least requires some affirmative informalion from a Presidential candidate. This practice represents a much lower standard lhan lhat demanded ofa person when requesting a California driver's license. PETITIONERS seek a judicial determination as lo whether BOWEN musl require

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proof of eligibility from the candidates prior to approving their naines for printing on the California Presidential primary ballot. 23. In a related case, Drake v. Obama (9"' Circuit Court of Appeals No. 09-56827

(2010)), argued before the 9"' Circuit on May 2, 2011, one ofthe Justices stated that this question, of vvhether O B A M A is eligible to run for, and serve as. President was very important, and that the proper time to bring suit on this question would be prior to a Presidential election. 24. PETITIONERS' concern about ineligible candidates gaining approval for placement on primary ballots is not limited to California, as questions concerning the eligibility of OBAMA and Mitt Romney are currently being litigated in other slates. b. Election Code Section 6901 Ls An Attempt to Avoid Compliance With Article 11, Section 1 oftlie U. S. Constitution, Continued Adherence With Which Will Likely Lead to Absurd Results, and, as a Result, the Law Should Bc Declared Unconstitutional

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25.

BOWEN may attempt to explain her failure to comply wilh her duty to verify the

eligibility of Presidential candidates on the grounds that California Elections Code 6901 supersedes
7 PETTTION FOR WRIT OF MANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OF ELIGIBILITY PRIOR TO APPROVING PRESIDENTIAL CANDIDATE NAMES FOR BALLOT PLACEMENT AND 'TO DECLARE UNCONSTI TUTIONAL CA EC 6901

BOWEN'S duty, as to candidates selected by national political parties for the office of President and Vice President. This argument should fail for the following reasons: 3 4 26. California Elections Code 6901 is wholly inconsistent vvith Article II ofihe United

States Constitution, because this election code section places a mandatory duty on the Secretary of Stale that could end up with absurd and ridiculous results.

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For example, if the Republican Party were to nominate Arnold Schwarzenegger, under

Seclion 6901, the California Secretary of Stale would be forced to put him on the ballot for the general election, despiie the facl lhal Arnold Schwarzenegger is well known as not being a natural born citizen of the United States. 28. Anoiher example would be if the Libertarian Party were to nominate Ayn Rand, as, then,

the California Secretary of Slale vvould be forced lo put her on the ballot for the general election, even though Ms. Rand died in 1982. 29. Or, for even more ridiculous resulls, if the Democratic Parly vvere to nominate Gordon

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Brovvn, the current Prime Minister of Great Britain, then the Calilbrnia Secretary of Stale vvould be forced to put him on the ballot for the general election, despiie the fact lhal he is a citizen of Great Britain. 30. Such nominations are absurd, as these individuals clearly do not meet the eligibility

requirements under the United States Constitution, and, therefore, ought to be excluded from the ballot, bul the Secretary of State, under California Elections Code 6901, would have no discretion to exclude these obviously ineligible candidates from the ballot. 31. The California Secretary of State website (http://wwvv.sos.ca.gov/admin/about-lhe-

aaency.hlm) lists the duties of that office, including the duly ofthe chief elections officer for 23 24 25 California, to ensure that California election laws are followed (California Government Code 12172), the duly to investigate election fraud (California Governmeni Code 12172), and the duty to advise candidates and local elections officials on the qualifications and requiremenis for running for 8 PETTTION FOR WRTT OF MANDA'TE COMPELLING RESPONDEN TS 'TO REQUIRE PROOF OF ELIGIBILITY PRIOR TO APPROVING PRESIDENTIAL CANDIDA'TE NAMES FOR BALLOT PLACEMENT AND 'TO DECLARE UNCONS'TTTU TIONAL CA EC {) 6901

office (Califomia Government Code 12172). 32. In order to fulfill the duty to advise candidates, the Secretary of State provides several

documenis with information concerning the qualifications and requirements for each elecied position Documents lisiing the qualifications and requiremenis are provided for all state and Federal offices, including the offices of Governor and Lieutenant Governor; Secretary of Stale, Controller, and 6 7 8 9 10 Treasurer; Attorney General; Insurance Commissioner; Member ofthe Stale Board of Equalization; Slate Senator and Member ofthe Assembly; Uniied Slates Senator; Uniied Slates Representative in Congress; and President ofthe United Slates. 33. The Secretary of State is required to verify that every candidate for these positions is

eligible for the sought position, with one exception: those candidates that have been selected for the office of PresidenI of the Uniied Slates by a national political party are not required to preseni to the

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California Secretary of Slate any documeniaiion proving their eligibility for the office of President. 34. In effeci. Elections Code 6901 forces the Secretary of Slate to disregard the duties of

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her office as chief elections official in the Stale ofCalifornia wilh regard lo the mosl important elected office in the Uniied Slales. Political parlies are nol, and should not be, responsible for ensuring that Elections Laws are complied with, as the primary goal of the various parties is to promote and elect their candidates. 35. For this reason, there are no Federal or Slate requirements compelling political parties to

provide proof that their respective candidates are eligible for the offices sought. Contrary to the interests of the political parties, the duly of the Calil-ornia Secretary of State is to verify lhat all candidates are eligible for the offices sought. 36. This duty should properly extend lo all candidates listed on the ballot, and nol exempt a

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candidate simply because a national political party selects a particular candidate for President, and, for the Court to find otherwise would be to substitute the choice of unelected political party officials for the duly that the Secretary of Stale owes to the citizens of the State ofCalifornia, to ensure that the 9 PETTTION FOR WRIT OF MANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OF ELIGIBILITY PRIOR TO APPROVING PRESIDENTIAL CANDIDATE NAMES FOR BALLOT PLACEMENT .AND TO DECLARE UNCONSTTTU'TIONAL CA EC S 6901

state's election laws are fully complied with. 37. Finally, the language of California Elections Code 6901, compelling the Secretary of

State to place any candidate nominated by a political party on the ballot, wiihout verifying that the 4 5 6 7 8 9 10 1 1 candidate is eligible for the office, is in direct conflict vvith the requirements for Presidential eligibility in Article II of the United States Conslitution. 38. This is no trivial matter, as the California Constitution provides; "The State of California

is an inseparable pari ofthe Uniied Slales of America, and the Uniied Slates Constitution is the supreme law ofthe land." (California Conslilulion, Article 111, 1). 39. Since the United States Constitution is the supreme law ofthe land, under both the United

Stales and the California Constitutions (U.S. Constitution, Article VI, Clause 2; California Constitution, Article 111, I), any slalule which conflicts with the United Stales Constitution is an unconstitutional variance, and is, therefore, void and unenforceable.

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40.

California Secretaries of State have historically exercised their due diligence by

reviewing necessary background documents, verifying that the candidates lhat were submitted by the respective political parties as eligible forihe ballot were, indeed, eligible. In 1968, the Peace and

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Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for President of the United Slales. The then Secretary of Slate, Mr. Frank Jordan, found that, according to Mr. Cleaver's birth certificate, he vvould be only 34 years old at the time of the general election, one year shy of the 35 years of age needed to be on the ballot as a candidate for President. Using his administrative poweis, Mr. Jordan removed Mr. Cleaver from the ballot. Mr. Cleaver, unsuccessfully, challenged this decision lo the Supreme Courl ofihe Stale ofCalifornia, and, laier, to the Supreme Court ofthe United States, which affirmed the actions of the California Secretary of Slale by denying review of Cleaver's removal from the ballot. Cleaver v. .Jordan (\96S) 392 U.S. 810, 89 S.Ct. 43. Similarly, in 1984, the Peace and Freedom Party listed Mr. Larry Holmes as an eligible candidate in the Presidential primary. When the then California Secretary of State, Daniel M. Burns, checked Mr.
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PETITION FOR WRIT OF MANDATE COMPELLING RESPONDEN'TS 'TO REQUIRE PROOF OF ELIGIBILITY PRIOR 'TO APPROVING PRESIDENTIAL CANDIDATE NAMES FOR BALLOT PLACEMENT AND TO DECLARE UNCONSTTTUTIONAL CA EC i; 6901

Holmes' eligibility, it vvas found that Mr. Holmes was, similarly, nol eligible, and Mr. Holmes vvas removed from the ballot. 41. The removal of ineligible candidates is not a relic of historical actions by California

Secretaries of Slale, as BOWEN too exercises this power to remove ineligible candidates from the ballot. Jusl this year, one Peta Lindsay was selected by the Peace and Freedom Party to be their 6 7 8 9 10 Presidential candidate on the 2012 California primary ballot. BOWEN, however, rejected Ms. Lindsay, and refused to place her name on the ballot, because she is 27 years old, when the U.S. Conslilulion, Article 2, 1, requires that candidates for President lo be at least 35 years of age. There now exists a similar situation lo that in which California Secretaries of State have removed Presidential candidates from the ballot in the past, namely lhal the Democratic Parly has subinitted Barack Hussein Obama, Jr., as a Democratic Party candidate for President, when he is arguably 12 ineligible for the office. Further, a similar situation may exisl concerning the Republican Party candidacy of Mitt Romney. Since BOWEN has demonstrated by her aclions that she can and does 14 15 16 17 18 19 20 21 22 23 24 25 remove ineligible presidential candidates from the ballot, she should be required to make such verificafion of eligibility for all presidential candidates, and not just verify the eligibility of candidates from third parlies. 42. As discussed above, BOWEN is required by Califomia statute to oversee California

elections, and to enforce California election law. This requirement cannoi be satisfied by attempting to Iransfer the duty to enforce election law to any other entity, such as to political parties, or even to the California electorate. 43. Petitioners HOUSTON, L A K A M P , JOHNSON, and OTT, as California electors, neither

have the responsibilily, nor are they in a position to be able, to require Presidential candidates to provide sufficient proof that said candidates are eligible for the office. The only responsibility for a California elector is to vote for the candidate lhal the elector believes to be best able lo govern the country, and ihey all have a reasonable belief thai any presidential candidate approved by BOWEN 11 PETITION FOR WRTT OF MANDATE COMPELLING RESPONDEN'TS TO REQUIRE PROOF OF ELIGIBILTTY PRIOR'TO APPROVING PRESIDENTIAL CANDIDATE NAMES FOR BALLOT PLACEMEN'T AND TO DECLARE UNCONS'TTTUTIONAL CA EC S 6901

for name placement on the primary ballot has been properly verified by BOWEN, as possessing the mininium requirements of eligibility for the office. If BOWEN is not required to verify the eligibility 3 4 5 6 7 8 9 10 11 12 of Presidential candidates, then that responsibility will improperly be transferred to the electorate, vvhich cannot, despite the possibility ofa majority vote for a particular candidate, overcome the Article 11, Section 1, requirements by vofing. 44. For these reasons, California Elections Code 6901 should be held to be unconstitutional

and the Secretary of Slale should be required to verify the eligibility ofall candidates for the offices lhal they seek, without any exception. WHEREFORE, PETITIONERS respectfully pray that this Court: 1. Determine whelher BOWEN has required all candidates for President ofthe Uniied

Slales to provide proof lhal they are, in fact, eligible lo serve in the office of President of the United States underthe United Slates Constitution, Article 11, Section 1; 2. Enjoin BOWEN from placing the names of candidates who have failed to so prove their

eligibility on the 2012 California Presidential primary election ballot; 3. 16 17 18 19 20 21 22 23 24 25 GARY G. KREEP NATHANIEL J. OLESON UNITED STATES JUSTICE FOUNDATION 12 PETTTION FOR WRTT OF MANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OF ELIGIBILTTY PRIOR 'TO APPROVING PRESIDENTIAL CANDIDA'TE NAMES FOR BALLOT PLACEMENT AND 'TO DECLARE UNCONSTTTU'TIONAL CA EC 6901 Respectfully Submitted, Mandate lhat BOWEN require all candidates for the office of President of the Uniied

States provide sufficient proof of eligibility prior to approving their names for the ballot 4. 5. 6. Find California Elections Code 6901 to be unconslilulional and unenforceable,; For attorney's fees under CCP 1021.5, and; Granl PETITIONERS such olher and further reliefas the Court deems just and proper.

Dated: February 23, 2012.

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Attorneys for PETITIONERS, John Albert Dummelt, Jr., Gil Houston, Larry Lakamp, Milo L. Johnson, Joe On, Markham Robinson and the Constitution Party.

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PE'TTTION FOR WRIT OF MANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OF .IGIBILITY PRIOR 'TO APPROVING PRESIDL^^NTIAL CANDIDATE NAMES FOR BALLOT PLACEMENT AND TO DECLARE UNCONSTTTUTIONAL CA EC 6901

for name placement on the primaw ballot has been properly verified by BOWEN, as possessing the minimum requirements of eligibility for the office. I f BOWEN is not required to verify the eligibility of Presidential candidates, then that responsibility will improperiy be tran.sfcrred to the electorate, which cannot, despiie the possibility ofa majority vote for a particular candidate, overcome the Article It, Section 1, requirements by voting. 44. For these reasons, California Elections Code 6901 should be held to bc unconsdtutiona

and the Seeretaiy of Stale should bc required to verify the eligibility of all caiKliclaies for lhe offices that they seek, without any exception. WHEREFORE-, PETITIONERS respectfully pray that this Court: 1. Determine whether BOWEN has required all candidates for President ofthe United

Stales to provide pi'oof that they are, in fact, eligible to serve in the office of President ofthe United States underthe United States Constitution, /Vrticle II, Seclion 1; 13 14 15 16 17 IS 19 20 21 22 23 24 25 GARY G. KREEP i \ NATHANIEL J. OLESpN UNITED STATES JUSTICE FOUNDATION Respectfully Submiited, 2. Enjoin BOWEN from placing the nanies of candidates who have failed lo so prove their

eligibility on the 2012 California Presidential primai-}'election ballot; 3. Mandate that BOWEN require all candidates for the office of President of the Uniied

States provide sufficient proof of eligibility prior to approving their names for the ballot 4. 5. 6. Find California Elections Code 6901 to be unconstitutional and unenforceable,; For attorney'.^ fees under CCP 1021.5, and; Grant PETITIONERS such other and further reliefas the Court deems jus: and proper.

Dated: Februaiy 23, 2012. /

PETITION FOR WRIT OF MANDATE COMPELLING RESPONDENTS TO REQUIRE PROOF OF ELIGIBILITY PRIORTO APPROVING PRESIDENTIAL CANDIDA'TE NAMES FOR BALLOT PLACEMENT AND TO DECLARE UNCONSTITUTIONAL CA EC 6901

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VERIFICATION I, JAMES CLYMER, am Chairman ofthe Constitution Party, a party in this matter. I declare that I have read the foregoing PETITION FOR WRIT OF MANDATE and know the contents thereof, and 1 certify that the said contents ai'e tnie of my own knowledge, except for those matters stated on my information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed tills 19"' day of March, 2012, a t / ^ l l ^ ^ ^ s T t r Pennsylvania.

VERIFICATION

VERIFICATION 1, MARKHAM ROBINSON, am a party in this mailer. 1 declare that I have read the foregoing PETITION FOR WRIT OF IVIANDATE and know the contents thereof, and I certify lhat the said contents are true ofmy own knowledge, except for those matlers staled on my inlbrmation and belief, and as to those matters I believe them to be true.
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1 declare under penalty ofperjury under the laws ofthe State ofCalifornia that the foregoing is true and correct. Executed this 19"' day of March. 2012, a t ' ' ^ ' ^ - ^ ' , California.

MARKHAM ROBINSON
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I'l
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VLRIFICATION

VERIFICATION L ,)OK OTW am a party in this matter. I declare that \ have read the foregoing PETITION FOR WRIT OF MANDATE and know the contents thereof and I certify that the said contents are true ofmy
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own knowledge, except for those matters stated on my information and beliel", and as to those matters 1 believe them to be true. I declare under penally ofperjury under the laws of the State ofCalifornia that the foregoing is true and correct. Execuled this 19 day of March, 2012, at
California.

VERIFICATION

EXHIBIT A

Dr.\IOCR,VTIC .VA'HO.VAU C O M M U - I Ull

m-nCML CF.RTlFIC,\TIO?y OFNOMINAtlON THIS IS r o CERTI PV iho! ct llic Natipna! Coiivcniion oflhc Ucmocrallc Pnriy ('>f Ilia Unilcd Slfitcj of Amcilcii.hcid in Denver, Coloiudo on Ausuit 25 lhoi:gh 28, 2008, the followiiig were duly noniiniiicd 83 candidates of 5flid Party for Prcsfdent and ViccPi'csldoiit orthe United States rerpeci!v*Iy und (bat iho followinfi ckndldutes for President and VIcoPrciident of the United $tu(o.ia;c k-golly qunMficd to scr\'c uiKlcr the provision."? of lhc Unilcd Slates Constitution: For PresUlenl of fhe l/nUcd Stfltco Barkck Ohflnin 5046 Souih Oteeiiwood Avenue Chicago, lllinoU 60615 l?Or Vice I'realdeut of llic United Stales Joe DlJcji 1209 Barley Mill Road Wilminglon, Dtlavviirc 19807

^c\ Pcloj] " ^ Choir, Ociiiocruiic Nuilonal Coiwendon Cily and Cour.ty of Denver ) tituie ofColorado )

Secretary, .Dc.-nooraitc N&iio/inl Convcnlion

Subsciibcd End swomto before nie in tiia Ciiy und Couniy of Denver, Stote of C-olorado. thLf^li^day of Aiigusi. 2008.
SHALIFA A. WiiUAWON^ Notory Public

ComjiiLsi'Ion cxpiraiioii dale Diaocr(lcmry}|ed!i;r{cf d 433S>ii'Ji Csiflie;iatol. S P 3 Di; JIAOJ (ai)&S;ia3 S \ C* .ii(\j!c ttv..w,Ji:i,:<:jto ofA. . J A ' '

Stato of Coloiodo iVr-m';rTaTvanisnariSi.Ti::'-cn;.--;7

(202) (:i<;7?