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EDMUND G. BROWNJR.

Attorney General of California


STEPHEN P. ACQU~STO
Supervising Deputy Attorney General
ANTHONY P. O'BRIEN
Deputy Attorney General
State Bar No. 232650
1300 I Street., Suite 125
..-. -~ ---
~~

P.O. Box 944255


Sacramento, CA 94244-2550
Telephone: (916) 323-6879

E-mail: A k h ~ n ~ . ~ ~ r i e n @ d o j . c a . ~ o v
Attorneys for Defendants Edmund G. Brown Jr.,
Attorney General, and Debra Bowen,
Secretaiy ofstate

SUPERIOR COURT OF THE STATE OF CALIFORNIA


COUNTY OF SACRAMENTO

PAMELA BARNETT, Case No. 34-2010-00077415

Plaintiff, REQUEST FOR JUDICIAL NOTICE IN


SUPPORT OF DEFENDANTS'
DEMURRER
[Code Civ. Proc. 5 430.10, et seq; Evid.
DAMON JERRELL DUNN, ET AL.,
Code 55 452,4531
Date: October 25, 2010
Defendants. ~ i ~ 9:00~ a.m. :
Dept: 54
Judge: The Honorable Shelleyanne
Chang
Trial Date: Not Yet Set
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:

1
Request for Judicial Notice in Support of Defendants' Demuner (34-2010-00077415)
1 the Office
1. Exhibit A-The Declaration of Candidacy for the Republican Party nomination for
of California Secretary of State, filed by Damon Durn on March 10,2010. This
exhibit is offered to demonstrate when Damon Dunn declared his candidacy for the Republican

nomination for Secretary of State.


2. Exhibit B-A March 30,2010 letter from Jerry Holland, Supervisor of Elections in
Duval County, Florida, in response to an inquiry by the California Secretary of State's office

regarding Damon Dunn's Florida voting registration record. This exhibit is offered to
demonstrate when Damon Dunn's Florida voter registration expired.

3. Exhibit C-A May 12,2010 letter from California Secretary of State, Election Fraud
Investigation Unit to Pamela Bamett. This exhibit is offered to show that the Secretary of State's
office investigated Dunn's eligibility for candidacy.

3. Exhibit DLThe June 8,2010 Primary Election Calendar. This exhibit is offered to

demonstrate to the Court the calendar of events associated with and leading up to the June 8,2010

primary election.

MEMORANDUM OF POINTS AND AUTHORITIES


Evidence Code 5 452, subdivision (c), provides that judicial notice may be taken of

"[o]fficial acts of the legislative, executive, and judicial departments . . . of any state of the United

states." Records of a county are properly noticed under Evid. Code 5 452 (official acts of the
state), since counties are legal subdivisions of the state. (Cooke v. Superior Court (1989) 213
Cal.App.3d 401, 416.) Exhibits A and B are documents prepared by the county elections officers

for Orange County California, and Duval County, Florida, respectively.

/I/

/I/

//I

I 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.
Spiegel(2001) 87 Cal.App.4th 513, 51 8; see Hogen v. Valley Hospital (1983) 147 Cal.App.3d
119, 125 Cjudicial notice taken of the records and files of an administrative board].) Judicial
notice also may be taken of any document published, recorded, or filed by any executive

department. (See Aguilar 1,. Atlantic Richfield Co. (2001) 25 Cal.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).) Exhibit C and D are documents prepared and maintained by the California Secretary
of State. Exhibit D is available online on the Secretary of State's website (www.sos.ca.gov).

Dated: June 11,2010 Respectfully Submitted,

EDMUND G. BROWNJR.
Attomey General of California
STEPHEN P. ACQUISTO
Supervising Deputy Attomey General

u
ANTHONY P. O'BRIEN
Deputy Attorney General
Attorneys for Defendants Edmund G.
Brown Jr., Attorney General, and Debra
Bowen, Secretaiy of State

Request for Judicial Notice in Support of Defendants' Demurrer (34-201 0-00077415)


L

DECLARATION OF CANDIDACY
NEALKELLEY FILED
REGISTRAR O F Y T

CONTEST ID: 1042


',i . .
', . . .... ( .. ,.
,'
CANDtQATE!D: 1
' . '1

I hereby declare myself a Republican Pa n to the office d Secretary of


State, to be voted for at the Statewide Primary Election to be held June 8, 2010 and declare the
fotlowing to be true:
My name is:
'"-I--.
. I .> v, :.
..... ,
:..\.-J L. -- mkp,

I request my name and occupational ballot designation to appear on the ballot as fallows:

.--
-
\
r\
.. . ,.
liI \ in if preferring no
Prinl GfGrne for Use o ~ ? t cBaht designation:
,-
, EU:s,,v,c;> <.*: $4,c- i- r,
Print Occupational Ballot Designation Requested
Note: A ballot designation is optional. If one is requested,a cornplded BALL07 DESIGNATION WORKSHEET must be submitted. li
no ballot designation is requested, write in the word "NONE and initiai in the box. (Elections Code $5 13107, 13107.3)

w~esidence Address: 31 3 ( tvi :ci,, 5 ~3 s,- 4


L,v,L 7 0 k i i j c 5t
(Required)
G "',.v\ e C. A 52i.i ->6.
illy sloe Z~C
P ~ E

Business Address: /I.! ,d

CAY Sble Zip Cod*

I
Mailing Address: G 6 % .-EoL~; -

Telephone: (clicq) 33 <I;. i 5 L) c M


SL~~ --

Area C d e Oa Ares Code Evenlog

FAX: ( E-Mail: d . ~ . w c f i 5 :!~ . v d ,A~ ~ , , - ~ ~ z r . < . ~ > ~ ~


Area CMe

NOTE: The Secretary of State will publish one of the above addresses in the certified list of candtdates
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 n d limited to
citizenship, residency and party affiliation, if required). I am at present an incumbent of the following
pub!ic office (if any):

IMPORTANT: BACK SIDE OF PAGE MUST BE COMPLETED 6


0
-
--
If nominated I will accept the nominationlofficeand not withdraw.
-
1 declare under penalty of p e r j u ..--
2. 101
.\
n d e r i h e laws ~f-.the State of California that the foregoing is true and correct
<..-+b,
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i*.;
LJ eo - . ',*--,-
~afe Signature of Candidate
State of California 1 SS.
County of Orange )
Subscribed and sworn t o before me thisA& day of - ,\ A -.<,*-.: ,201 0.
,
,( ..
.:,&
Notaw Public (or other omcial)
ir
Examined and certified by me this .m- day of 1 4 L- A) 201O.

NEAL KELLEY, Registrar of Voters BY Deputy

WARNING: EreN p r s o n adlng Cn behall ol a candidae rS guilll o! a mrde-nw Wno del~beralelyhdr Lo f l e al mt paper llme and !n ihe proper p l w en) O a l a n P O n Ol raOldacy m hsmer
posreisimmch is sntlled Lo be #lea unde: h e provs~ons01 the Elecllms iode lEleclrom Code SalUln 182021

OATH OF OFFICE
I, DAMON DUNN, do solemnly swear (or a ~ r m j t h a tI will supporl and defend the Constitution of the United States and
the Constitution of the State of California against all enemies, foreign and domestic; that I will bear iwe faith and
allegiance to the Constitution of the United States and the Constitution of the State of California; that 1 take thls obligation
freely, without any mental reservation or purpose owasion; and t h q w i l l well and faithfully discharge the duties upon
which I am about to enter. --..~ k,
..2' ,
'
L-JL a , -..-- *.p-
State of California
County of Orangs
1
)
5s. Sianature of Candidate -
Subscribed and sworn to before me this- day of j.bc, L-, ,2010.
,f & # "a--,.:.:=-:
8.-8
Y' I

N o t a v Public (or other official)


A.
Examined and c e r t ~ f ~ eby
d me thls day of %C ,2010
f, c H
.
.'
, 4
NEAL KELLEY, Registrar of Voters B~ m&&$~-*-a2-'-.-i Deputy

Certificate as to Candidate's Political Party Affiliation


(~lecrmnscode Sectton Bm1l

State of California 1
County of Orange 1 ss .
I hereby certify that (1) at the time d presentatior~of this declaration and continuousiy for
no! less than three months immediately prior thereto, or for as long as helshe has been

registration, executed on '


eligible to vote in the state, the above-named candidate is shown by hidher affidavir of
? -- 7- 09 , to be affiliated with the political party the
norninat~onof which helshe seeks, and (2) the candidate has not been registered as
affiliated with any other political party for the twelve-month peuod immediately preceding
Ihe filing of this declaration.
Dated this ' 3n. day of __ I&,-;:. ,2010.

NEAL KELLEY,
Registrar
- of Voters
B~ k
.q ,;,"t.<'.
#

~m~~~y!@zz:c:..
,I:
.-',

, Deputy
Deciaratioll of Candidacy - Par?aan 2010

Ali code seclron iefewrlcea are ;o :he Califomla Eledions C ~ d mless


e *ate0 olhsrwse.
OFFlCE OF THE SUPERVISOR OF E1,ECTIONS

JERKY IlOLLAND IIAST MONROL STP.GIT~


SIIPRBVISOR OFELECTIONS JACKSONVILLE. FUJKlOA ;ZI'J2
<,FI'ICE 19041 4?!1-7777 FAX (91141 <,30-2920
CELL 1901;tL6b'iTl t M h l l IHDI.L.~.~D~~~CDJ.NF;I

h$ark Loren
Chief Invzstigalor
Eleelion Fraud Investigation Unit
Secretary of State
1500 11th Street
Sac~imento,C.4 958 14

Damon J. Durn rcpistcred in the Duval County on May 12. 1999. as a Democrat, using
the address of 10 135 Gate Parkway. North. # I 11 1. Jacksonville, Florida. Records
indicate that in March of 2002 Mr. Dunn's registrdlioll was converted to the statewide
voter registration datahase and ac that tinlrl because of no activity on his record. his status
was changed from an active voter lo an inactive voter. Due to our office receivir~g
returned mail Ston1 that address and there being no activity on his voting histor):, 4h..
Dunn's status was changed from an inactive voter to an incligible voter on Jurle 6. 2005.
Mr. Dunn wcvuld be required to re-register in Duval County i r he wanled to have voting
privileges in Duval County.

U e have encloscd s copv


, - of Mr. Dunn's oririnal
- ..
a;3plication with non-aublic records
information redacted. I'lezlse fie1 rree tc 1 iny office if' we car] be of i'u;-thcr
assistance.

1)uval County
B o r n I SECRETARY OF STATE
DEBRA
STATE OF CALIFORNIA 1 ELECTIONS
1500 llthS?eet, 5thfloor Sacramento, CAg5814) Tel(916) 657-21661Fax (916) 653-32141www.sos.ca.gov

May 12,2010

Pamela Barnett
2541 Warrego Way
Sacramento. CA 95826

Dear 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 heishe 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


NOTE: *Asterisked dates indicate that the date falls on a Saturday, Sunday, or a holiday: ifthe date is also a deadlme, m most cases, it
will move forward to the. next business day. 5 15

Jan l * to Feb 25, 2010 1. Sienatures I n Lieu of Filing Fees - All Partisan Candidates
(E-158 to E-103) During this period, a partisan candidate for any office may obtain his or
her forms from the county elections official or the Secretaly 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. $5 8061,8106'
Jan 1,2010* 2. Notice of Offices in the Primarv Election
(E-158) 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 wluch candidates are to
be nominated at the primary election. 5 12103
Jan 1,2010* 3. Approved Ballot Card Vendors
(E-158) By this date, the Secretary of State will publish the list of approved
[Date fixed by law] manufacturers and finishers of ballots for use in California elections.
Cal. Code Regs., tit. 2, $ 20226

Jan 1,2010* 4. Votine System Procedures


(E- 158) No later than January 1 of each even-numbered year, the Secretaly of
[Date fixed by law] State shall review, and if necessary amend, administrative procedures for
use with each of the voting systems pursuant to Division 19. $15002

Jan 5,2010 5. Last Dav to Register to Oualifv a New Political Party


(E-154) 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. 5100V~)

Jan 5 to Jan 24,20 1O* 6. Report of Registration - 154-Dav Countv Report


(E-154 to E-135) 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 eachpolitical
subdivision of the county as of January 5, 2010 (E-154).
2 187(a), (c) Q' (d)(l)

Jan 8,2010 7. Pre-Election Residency Confirmation Procedure


(E-151) The county elections official shall conduct a pre-election residency
[Suggested Date] continnation procedure as provided in Elections Code 5 2220. This
to procedure shall be completed by the 90" day immediately prior to the
Mar 10,2010 primary election.
(E-90)

' All code section references arc to the California Elections Code unless slated olhsnviss.
NOTE: *Asterisked dates indicate that the date falls on a Saturday, Sunday, o~ a holiday; if the date is also a deadline, in most cases, it
will move forward to the next business day. 5 15
The county elections official shall not be required to inail a residency
confmation postcard to any voter who has voted at an election held
within the last six months preceding the start of the confumation
procedure. S: 2220(b)
Jan11,2010 8. Governor's Proclamation -Issuance
(E-148) By this date, the Governor shall issue a proclamation calling the primary
election z..dshz!! stzte 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. S: 12000
Jan 24,2010' 9. Decline to State Voter Participation Notice
(E- 135) 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 8,2010,
primary election. S: 13102(c)
Jan 24,2010' 10. Report of Registration - 154-Dav Countv Report Summaries Due
(E- 135) 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). 5 2187(a), (c) & (d)(l)
Jan24, 2010C 11. Secretam of State Announces Newlv Oualified Party
(E- 135) 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). S: 5100(b) & (c)
Jan 24,2010' 12. Notice of Countv Central Committee Elections - Green,
(E- 135) 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.


$5 5005,7770
Jan 28,2010 13. Initiative Measure Oualification Deadline
(E-131) The last day for an initiative measure to qualify for the primary election
ballot. Cal. Const., art. 11, 8(c); Elec. Code 5 9016

Jan 28; 2010 14. Legislative Measure Qualification Deadline


(E-131) 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. S: 9040
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. 5 15

Feb 3,2010 15. Notice of Parties Qualified to Participate in Primary


(E-125) The last day for the Secretary of State to prepare and send to each county
elections official a notice designating ihe names of the political parties
qualified to participate in the primary election. 5 12103
Feb 3,2010 16. County Central Conlmittee - American Independent Partv
(E-125) The last day for the Secretary of State to compute the number of
inembers of the cenual committees to be 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. Q: 7671

Feb 5,2010 17. State Measures - Ballot Label and Title and Summary Deadline
(E-123) The Attorney General is asked to provide, no later than this date, all
a ate designated by the official ballot labels and titles andsummaries for the measures that have
Secretary of State] 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.
$6 9050,9051, 9054, 13247
Feb 8,2010 18. State Measures -News Release Inviting Arguments
(E-120) 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. $8 9060-9063
Feb 9,2010 19. State Measures - Armment Submission Deadline
(E-119) By this day,
- legislators
- and their appointee(s) must submit to the
A A

[Date designated by the Secretary of State their arguments for and against each legislative
Secretary of State] measure that qualified by January 28,2010 ( 5 1 3 1). Once submitted, no
argument may be changed or amended. 5 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. 6 9041
If a legislative measure was not adopted unanimously, one member of
each house who voted against it shall be appointed 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
NOTE: *Astensked dates indicate that the date falls on a Saturday, Sunday, or a hol~day;if the date 1s alao a deadline, in most cases, it
will move forward to the next business day. 5 15
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 nn the same side of a measure, in_ d i c h event the Secretary
of State shall designate one of the voters to write the argument.
$5 9044,9067
Feb 14,2010* 20. Selection and Exchange of Arguments For and Against Measures
(E-114) On or before this day, the Secretary of State will select arguments for
[Date designated by the mclusion in the ballot pamphlet where more than one has been submitted
Secretary of State] in favor of or against the same measure. The Secretary of State will
exchange arguments with opposing authors and request rebuttal
arguments. $5 9067,9069
Feb 15%to Mar 12,2010 21. Declaration of Candidacy and Nomination Papers - Candidate
Filine
During this period, all partisan candidates must file their declarations of
candidacy f i r 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
ofRepresentatives, state constitutional officer; and Members of the State
Senate or -4ssembly are to be left with the county elections official for
filing with the Secretary of State.
$$ 333,8020,8041, S061,8062,S100,8105,8106

Feb 15" to Mar 12, 2010 22. Candidate Statements in the County Official Sample Ballot
(E-113 to E-88) During
- this period, United States House of Representatives and state
Senate and Assembly candidates may purchase space for a 250-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 statenlent space only if they have agreed to voluntary
expenditure limits. Gov. Code $ 85601(c); Elec. Code $ 15307.5
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I! 'sasea isow ur 'au!IpEap e osle s! alep aq3j1:Lep![oq e l o ' A e p m ~'Aep~nlesL? uo s[[ej alep aql alea!pul saiep paysuaisv, L LON
NOTE: *Aterisked 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. 6 1s

Feb 23,2010 29. Report of Registration - 154-Dav Statewide Report Published


(E- 105) 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 sul~lmarystatements 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.

Feb 23 to Mar 15,2010 30. State Voter Information Guide Available for Public Examination
(E-105 to E-85) During this period, the state Voter Information Guide for the primary
[Date designated by the election will be available for public examination.
Secretary of State] Gov. Code $ 88006; Elec. Code $ 9092

Feb 25,2010 3 1. Signatures In Lieu of Filing Fees -All Partisan Candidates


[E-103) The last day for partisan candidates to turn 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 notie 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, 8062, 8105, 8106(b)(3) & (b)(4)

32. Signatures In Lieu of Filing Fees -Determine Sufficiency


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.
8 106(b)(3)
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e uo s[lej aiep aq, leql alealpu! salep paqs!salxv, ON
NOTE: *Asterisked dates indicate that the date falls on a Saturday, Sunday, or a holiday; if the dateis also a deadline, in most cases, it
will move fonvard to the next business day g 15

Death of Incumbent Candidate or Lone Op~onent- Nonpartisan,


Non-Judicial Off~ce- Nomination Period Reopens
Death of an incumbent or lone opponent between these dates causes
filing to reopen between the day following death and E-68. Any person
qualified to be a candidate for the office may circulate and return
nomination documents by April 1,2010. 8027

Mar 15,2010 41. Last Dav State Voter Information Guide Available for Public
(E-85) Examination and Copy Delivered to the State Printer
The last day for the Secretary of State to deliver copy for preparation of
the state Voter Information Guides to the Office ofstate Publishing.
Last day of public display.
Gov. Code 5 88006; Elec. Code $9 9082,9092

Mar 17,2010 Last Dav of Nomination Period Extension


(E-83) The last day for any person, other than an eligible incumbent who did
[5:00 p.m.] not qualify for nomination by March 12,2010 (E-88), to file 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. 5 8022
Mar 17,2010 Nomination Documents Forwarded to the Secretary of State -
(E-83) Deadline
The last day for county elections official to forward nomination
documents and the number of valid nomination signatures that are
required to be filed with the Secretary of State. 8082

Mar 18,2010 Randomized Alphabet Dramnp


(E-82) The Secretary of State shall conduct the randomized alphabet drawing at
[I 1:00 a.m.] 11:00 a.m. and mail the results immediately to county elections officials
so that they may determine the order in which the candidates shall
appear on the primary election ballot. 13112(b)(l)(B)

Mar 26,2010 Nomination Period Extension -Death of Only Partisan Candidate


(E-74) By 5:00 p.m. on this day, any person qualified under 9 8001 can deliver
[5:00 p.m.] to the county elections official his or her nomination documents for any
partisan office for which only one candidate had filed but who died after
March 12, 2010 (E-88), and by March 17, 2010 (E-83). 9 8025
NOTE: *Asterisked dates indicate that the date falls on a Saturday, Sunday, or a holiday; if the datc is also a deadline, in most cases, it
will move forward to the next business day. 5 15

Mar 27,201 O* 46. Notice to Partisan Candidates


(E-73) On or before this date, but not fewer than five days before sending the
certified list of candidates to the county electiom officials, the Secretary
of State shall notify each candidate for partisan office of the names,
addresses, offices, ballot designations, and party affiliations of all other
persons who have filed for the same office. $8121

Apr 1,2010 47. Certified List of Candidates and Rotation List


(E-68) The last day for the Secretary of State to prepare and send to each
county elections official a certified list of candidates showing the name
of every person eligible to receive votes within the county at the primary
election, their addresses, the offices for which they seek nomination,
and, if the office is partisan, the party each person represents.
$5 8120-8125
By this date, the Secretary of State shall also provide to the county
elections officials a list of candidates for each county arranged according
to the randomized alphabet drawn on March 18>2010 (E-82). 5 8 149
Apr I, 2010 48. Death of Incumbent Candidate or Lone Opponent - Nonpartisan,
(E-68) Non-Judicial Office
Last day to reopen filing based on death of the incumbent or lone
opponent for a nonpartisan, non-judicial office. $$ 8026, 8027

Apr 1,2010 49. Last Day to File Based on Death of Candidate - Nonpartisan, Non-
(E-68) Judicial Office
[5:00 p.m.] Nomination papers circulated following the death of an incumbent
candidate or lone opponcnt for nonpartisan, non-judicial office must be
returned for filing no later than 5:00 p.m. on this date. $5 8026, 8027
Apr 9,2010 50. Special Absentee Voters' Ballot Applications
(E-60) The first day the county elections official may process applications for
special absentee voters' ballots. Any apphcations received by the county
elections official prior to this day shall be kept and processed on or after
this date. If the applicant is not a resident of the county to which he or
she has applied, the elections official receiving the application shall
forward it immediately to the proper county. $ 300(b), 3100,3103

5 1. Registration Files Update


Counties using data processing equipment to store registered voter
information set forth in the affidavits of registration shall begin their
computer updates in order to send a copy of their registered voter load
files to the Secretary of State by April 19. 2010. $5 2187(c) & (d)(2)
NOTE. *Asterisked dates ind~catsthat the date falls on a Sahlrday, Sunday, or a holiday, if the date is also a deadllne, in most cases, a
w ~ l move
l forward to the next business day 15

Apr 9toApr 19,2010 52. Report of Rezistration - 60-Dav Countv Report


(E-60 to E-50) During this period, the county elections official shall send to the Secretary
of State a surmrary statement of the number of persons registered by
political party in their counties and in each political subdivision thereof as
ofApril 9,2010. 6 2187(a), (c) & (d)(2)
Apr 9 to May 24,2010 53. Federal Election - Unregistered Special Absentee Voter, Application
(E-60 to E-15) f9r V~te-%Mail Ballot
During this period, counties may process Federal Post Card Applications
(FPCA) from special absentee voters who are registered to vote.
$6 3OO(b), 3100,3103,3104,3300-331 1
Apr 9 to Jun 1,2010 54. Federal Election - Registered Special Absentee Voter, Apalication
(E-60 to E-7) for Vote-bv-Mail Ballot
During this period, counties may begin processing Federal Post Card
Applications (FPCA) from special absentee voters who are already
registered to vote. $6 300,3300-331 1
Apr 12 to May 25, 2010 55. Statement of Write-In Candidacy and Nomination Papers
(E-57 to E-14) During this period, all write-in candidates must file their statements of
write-in candidacy and nomination papers with the county elections
official. 6 8601
Apr 19,2010 56. Voter Registration Files to the Secretary of State
(E-50) The last day for county elections officials to send the Secretary of State a
copy of their registrant load files of all voters registered prior to
April 9, 2010 (E-60). The copy of the voter registration file should
reflect the results of the pre-election residency confirmation procedure.
$ 5 2187(c) & (d)(2), 2220
Apr 19,2010 57. Report of Registration - 60-Dav Countv Report Summaries Due
(E-50) By this date, each county elections official shall send to the Secretary of
State a surmnary statement of the number of persons registered as of
April 9,201 0 (E-60). 2187(d)(2)

Apr 23,2010 58. Report of Registration - 60-Day Statewide Report Published


(E-46) Date designated by the Secretary of State to release a statewide report
showing the number of registered voters, by party affiliation. in the state,
each county, and each political subdivision. This statement is based on
the summary statements sent by each county elections official by April
19,2010 (E-50). 2187(b) & (d)(2)
NOTE: *Astensked dates indicate that the date falls on a Saturday, Sunday, o r a holiday; ~fthe date is also a dedllne. mrnost cases. it
wlll move forward to the next busmess day. 0 15

Apr 24,2010' 59. State Voter Information Guides Furnished to Counties


@-45) By this date, the Secretary of State shall furnish copies of the state Voter
Information Guide to those counties that do not use data processing
equipment to malntain their registered voter files. Voter Information
Guides will also be sent to all counties for their supplemental mailings to
persons who registered between April 10 and May 10, 2010 (E-59 to
E-29). 5 9094
Apr 24,2010* 60. State Voter Information Guide to State and Local Officials and
(E-45) Public Institutions
- 2 .~
Bv this date. the Secretarv of State shall send a saecified number of
-

copies of the state Voter lnformation Guide to city and county elections
officials, members of the Legislature, proponents of statewide ballot
measures, public libraries, and educational institutions. 5 9096
Apr 29 to May 18,2010 61. State Voter Informntion Guide Mailing
(E-40 to E-2 1) Between these dates, the Secretary of State shall mail state Voter
Information Guides to all households in which voters were registered by
Friday, April 9,201 0 (E-60'). This mailing is based on the information
provided by counties' voter registration files provided to the Secretaty of
State by April 19,2010 (E-50). 5 9094(a)
In those counties in which such data processing equipment is not used,
the county elections official shall inail the state Voter Information
Guides to all voters registered by April 9,201 0 (E-60). 6 9094Cb)
Apr 29 to May 29, 2010' 62. Counties Mail Sample Ballots
(E-40 to E-10) Between these dates, the county elections official shall mail a polling
place notice and an appropriate partisan or nonpartisan sample ballot to
each registered voter. The polling place notice shall state whether the
polling place is accessible to the physically handicapped.
$9 13300-13304
The county elections official shall also give sample ballots to the
chairperson of the county central committee of each political party, shall
mail a copy to each candidate, and shall post a copy of the sample ballot
in a conspicuous place in the office. $9 13300, 13302

May 9,2010' 63. Notice of Earlv Tabulation


(E-30) The last day for the county governing body to notify the county elections
official that certain offices or measures to be voted on are of more than
ordinary public interest and will require an early tabulation and
announcement. 5 14440
NOTE: 'Asterisked dates indieate that the date falls on a Saturday. Sunday, or a holiday; ~fthe date is also a deadline. in most cases, it
will move forward to the next business day. 5 15

May 10toJun1,2010 64. Vote-bv-Mail Voter Ballot Application


(E-29 to E-7) Behveen these dates, any registered voter may apply to the county
elections official for a vote-by-mail ballot. Applications received hefore
May 10,2010 (E-29) shall be kept and processed during this application
period. $5 3001,3003
May 18,2010 65. State \.otcr Information Guide Mailinc to be ('ompleted
(E-2 1) ThL 1.t>t .'. . f"r thc Sczrctarj iif Stntc. or the county c!cc:ions otTi~ia!if
" . LJ:,
appropriate, to mail state Voter Infoimation Guides to all households
with voters who registered by April 9,2010 (E-60). 5 9094
May 24,2010 66. Close of Registration for the June 8, 2010. Statewide Direct Primary
(E- 15) The last day to register to vote in the statewide direct primary election.

Note: No person shall be registered as a voter except by affidavit of


registration. The affidavit shall be mailed or delivered to the county
elections official and shall set forth all of the facts required to be shown
under Chapter 2 of Division 2 of the California Elections Code. A
properly executed registration shall be deemed effective upon receipt of
the affidavit by the county elections official if any of the following
apply:

(1) The affidavit is postmarked on or before the 15th day prior to the
election and received by mail by the county elections official.

(2) The affidavit is submitted to the Department of Motor


Vehicles or accepted by any other public agency designated as a voter
registration agency pursuant to the National Voter Registration Act of
1993 (42 U.S.C. 5 1973gg) on or before the 15th day prior to the
election.

(3) The affidavit is delivered to the county elections official by means


other than those described in paragraphs (1) or (2) on or before the 15th
day prior to the election.

May 24,2010 67. Notice of Change of Address within County


(E- 15) The last day before the primary election for any voter to send a notice or
letter to the county elections official advising of the change of address
within the county. The notification may be submitted to the Department
of Motor Vehicles ( D m ) or any National Voter Registration Act
(NVRA) designated agency prior to the election. The county elections
official shall correct the registration records accordingly. The notice is
in lieu of reregistering. 5 2119
NOTE: *Astensked dates indicate that the date falls on a Saturday, Sunday, or a holiday; if the dateis also a deadl~ne,in most cases, it
will move forward to the next business day. 5 15

May24toJunl,2010 68. Report of Registration - 15-Day County Report


(E-15 to E-7) During this period, county elections officials shall send to the Secretary
of State a summary statement of the number of voters, by party, and in
each political subdivision thereof registered as of May 24,201 0 (E-15).
2187(a), (c) 8~(d)(3)

&May25,2010 69. Statement of Write-In Candidacy and Nomination Papers


(E- 14) Last day for a write-in candidate to leave a statement of write-in
candidacy and nomination papers with the county elections official for
filing with the Secretary of State. 8601

May 28,2010 70. Certified List of Write-In Candidates


(E-11) Secretary of State will prepare and send to affected county elections
[Date desi,mted by the official a certified list of write-in candidates showing the name of every
Secretary of State] write-in candidate eligible to receive votes within the county at the
Primary election, their addresses and the offices to which they seek
election. This list will also be mailed to each person in the affected
offices.

May 25 to Jun 1,2010 71. New Citizen Rezistration Period


(E-14 to E-7) Any person who becomes a citizen after the 1 5'h day prior to the election
may register to vote beginning on the 14&day prior to an election and
ending on the seventh day prior to election day. This registration must
be executed in the county elections office. $5 331,3500
A new citizen registering to vote after the close of registration shall
provide the county elections official with proof of citizenship prior to
voting and shall declare that he or she has established residency in
California. $ 5 331,3500,3501
The ballots of new citizens shall be received and canvassed at the same
time and under the same procedure as vote-by-mail voter ballots. 5 3502

May 27,2010 72. Computer Processing of Vote-by-Mail Ballots


(E-11) Counties having the necessary computer capability may begin to process
vote-by-mail ballots on this date. This process may be completed to the
point of placing the ballot information on computer tape, but under NO
circumstance shall a vote count be made before the polls close at 8:00
p.m. on June 8, 2010 (E). 5 15101
All other county elections officials shall start to process vote-by-maiJ
voter ballots at 5:00 p.m. on the day before the election. 5 15101
NOTE: 'Asterisked dates indicate that the date fallson a Saturday, Sunday, or a holiday; if the date is also a deadline, in most cases, it
will move fonvard to the next business day. 5 15
May 29,2010* 73. Sample Ballots - Countv Mailinp
(E- 10) The last day for the county elections official to mail sample ballots to
voters. 6 13300
May 29; 2010* 74. Sample Ballots - Countv Mailing
(E- 10) The last day for each county elections official to mail sample ballots to
voters. 13300(c)

May 29,2010* 75. State Voter Information Guide Supplemental Mailing by Countv
(E- 10) The last day for county elections officiaIs to mail state Voter
Inf0111lation Guides to voters who registered between April 10,2010,
and May 10,2010 (3-59 to E-29), inclusive. 5 9094(c)
76. Report of Registration - 15-Dav Countv 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
May 24,2010 (E-15). 21 87(d)(3)

Jun 1,2010 77. Vote-by-Mail Ballot Application


(E-7) The last day a voter can apply for a vote-by-mail ballot for the primary
election. 5 3001
See Items #79 and #80 for exceptions.

Jun 1,2010 78. Computer Program to Secretary of State


(E-7) The last day for counties to verify their election night vote count
[5:00 p.m.] computer programs and deposit copies thereof with the Secretary of
State. 5 15001
h 2 t o Jun7,2010 79. Special Absentee Voter - Recalled to Military Service
(E-6 to E-1) A registered special absentee voter recalled to service after
.Tune 1.2010 (E-7), but before 5:00 p.m. on June 7,2010 (E-1), may
appear before the county elections official and obtain a vote-by-mail
ballot which may be voted in, or outside, the county elections off~cial's
office on or before the close of the polls and returned as are other voted
vote-by-mail ballots. 5 3110
Jun2 to Jun8,2010 80. Vote-bv-Mail Ballots - Late Conditions
(E-6 to E) On or between these dates, any voter may apply in writing for a vote-by-
mail ballot if he or she will be unable to go to the polls on election day.
The voter may designate any authorized representative to return the
voted vote-by-mail ballot. 3021

Jun 4,2010 81. Report of Registration - 15-Dav Statewide Report Published


(E-4) Date designated by the Secretary of State to release a statewide report
showing the number of registered voters, by political affiliation, in the
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. 5 15
state, each county, and each political subdivision. This statement is
based on the summary statements sent by each county elections official
by June I , 2010 (E-7). 5 2187(d)(3)
82. Special Absentee Voter - Recalled to Militan, Service
The last day a registered special absentee voter recalled to service after
June 1,2010 (E-7), but before 5:00 p.m. on June 7, 2010 (E-1), may
obtain from the county elections official a vote-by-mail ballot which can
be voted in, or outside, the county elections official's office on or before
the close of the polls and returned as are other voted vote-by-mail
ballots. 3110

Jun 8.2010 83. Special Absentee Voters


(E) Any registered special absentee voter who has retumed to their county of
registration on or before this day, and to whom a vote-by-mail ballot has
been mailed but not voted, may apply to vote in the county elections
official's office or in a polling place. $5 300(b), 3108
.An unregistered special absentee voter who was released from service
after the close of registration and who has returned to his OP her county
of residence may apply in person to register with the county elections
official and vote in the election. Documentary proof of release from
service is required. On or before the day of the election, the county
elections official shall deliver to the precinct board a list of special
absentee voters registered under Elections Code section 3107. 5 3 107
A special absentee voter who returns to the county after June 1; 201 0
(E-7). may appear before the county elections official and apply for
registration, a vote-by-mail ballot, or both. The county elections official
shall register the voter. if not registered, and shall deliver a vote-by-mail
ballot which may be voted in, or outside, the county elections official's
office on or before the close of the polls on the day of the election and
returned as are other voted vote-by-mail ballots. 5 3109
Jun 8,2010 84. Primary Election Day
(El On this date, the polls shall be open throughout the state from
7:00 a.m. to 8:00 p.m. $5 lOOO(c), 14212
Jun 8,2010 85. Vote-bv-Mail Ballots Returned in Order to be Counted
(E) Vote-by-mail ballots shall be received by 8:00 p.m. on Election Day at
any polling place in the county where the voter is registered. or at the
office of the elections official. $5 3017.3020
NOTE: *Astn.isked 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. 5 15.

Jun 8,2010 86. Semi-Final Official Canvass


(El Beginning at 8:00 p.m. and continuously until comvleted, the county
elections official shall conduct the semi-fmal official canvass of votes
and report totals to the Secretary of State at least every two hours.
$5 15150,l5151
Jun 10.2010 87. Official Canvass
(5+2j The last day foi-the cciu~i@elections official to begin the official canvass
of the precinct returns. This canvass must be completed not later than
July 6,2010 (E+28). 5 15301
88. Official Canvass - End
No later than this date, the county elections official must conlplete the
canvass, certify its results, and submit it to the board of supervisors.
$ 15372

This is the suggested deadline for the board of supervisors to declare the
winners for each office and the results of each measure under its
jurisdiction. The county elections official shall make and deliver to each
person elected or nominated under its jurisdiction a certificate of
election or nomination. $5 15400, 15401
89. Statement of Results to Secretan, of State
By this date the county elections official shall send to the Secretary of
State by registered mail one complete copy of the returns for all
candidates for United States Senator, Member of the House of
Representatives, state constitutional officer, Members of the State
Senate and Assembly, Justice of the Court of Appeal, Judge of the
Superior Court, and for all statewide ballot measures. 5 15375
Jul 16, 2010 90. Statement of the Vote
(E+38) The last day for the Secretary of State to prepare, certify and file a
statement of the vote fi.om the compiled election returns. $ I5503

Jul 17,2010* 91. Certificates of Nomination


(E+39) Secretary of State issues certificates of nomination to candidates
[Suggested Date] nominated for United States Senator, Member of the House of
Representatives, state constitutional officer, and Members of the State
Senate and .4sselnbly. 5 8147
Nov 13, 2010* 92. Supplement to the Statement of the Vote
(E+l58) Last day for the Secretary of State to compile a supplement to the
statement of the vote showing the number of votes cast in each county,
city, .4ssembly district, State Senatorial district, Congressional district,
and s u p e ~ s o r i adistrict
l for each candidate for the office of Governor,
United States Senator, and on each statewide ballot measure. $ 15502
5-21