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Attorneys for Defendants Edmund G. Brown Jr.,
Attorney General, and Debra Bowen,
Secretaiy ofstate
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
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.
"[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
/I/
/I/
//I
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).
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
DECLARATION OF CANDIDACY
NEALKELLEY FILED
REGISTRAR O F Y T
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 $5 13107, 13107.3)
I
Mailing Address: G 6 % .-EoL~; -
NOTE: The Secretary of State will publish one of the above addresses in the certified list of candtdates
and on the SOS website. Please check the appropriate box above to indicate which address you wish
to use for this purpose. If no box is selected, the mailing address will be used.
I meet the statutory and constitutional qualifications for this office (including but n d limited to
citizenship, residency and party affiliation, if required). I am at present an incumbent of the following
pub!ic office (if any):
WARNING: EreN p r s o n adlng Cn behall ol a candidae rS guilll o! a mrde-nw Wno del~beralelyhdr Lo f l e al mt paper llme and !n ihe proper p l w en) O a l a n P O n Ol raOldacy m hsmer
posreisimmch is sntlled Lo be #lea unde: h e provs~ons01 the Elecllms iode lEleclrom Code SalUln 182021
OATH OF OFFICE
I, DAMON DUNN, do solemnly swear (or a ~ r m j t h a tI will supporl and defend the Constitution of the United States and
the Constitution of the State of California against all enemies, foreign and domestic; that I will bear iwe faith and
allegiance to the Constitution of the United States and the Constitution of the State of California; that 1 take thls obligation
freely, without any mental reservation or purpose owasion; and t h q w i l l well and faithfully discharge the duties upon
which I am about to enter. --..~ k,
..2' ,
'
L-JL a , -..-- *.p-
State of California
County of Orangs
1
)
5s. Sianature of Candidate -
Subscribed and sworn to before me this- day of j.bc, L-, ,2010.
,f & # "a--,.:.:=-:
8.-8
Y' I
State of California 1
County of Orange 1 ss .
I hereby certify that (1) at the time d presentatior~of this declaration and continuousiy for
no! less than three months immediately prior thereto, or for as long as helshe has been
NEAL KELLEY,
Registrar
- of Voters
B~ k
.q ,;,"t.<'.
#
~m~~~y!@zz:c:..
,I:
.-',
, Deputy
Deciaratioll of Candidacy - Par?aan 2010
h$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.
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
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.
Sincerely,
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
' 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
- ~
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
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
soos P
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due jo S U O.I S. ~ A O ; homwe]~
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hoinlels p a ~ ~ e umo ~ a ps i paidope
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p q s b e d 1e3pqod pagrpnb d~maue jo s~a31go hrelodmai dep isel aqJ (SOI-3)
sa!?MR3V NJEd IEJRAOd Pa9!lenO AIMaN -82 OIOZ 'FZ 9ad
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iuamalels e se IIam se 'lo11eq uopala h e u v d aql loj pagqenb a m q leql [ayeisJO h ~ r 1 3 a s
samseam a q JOJ sixat pue sasd~enel e t 3 r ~ ~1leo 'alep s q u e q ~ a ~ou
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'aprnold 01 payse ale lasun03 a ~ ! i e l s ~ % pue
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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
(06-3)
OIOZ '01 EN
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
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
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
(1) The affidavit is postmarked on or before the 15th day prior to the
election and received by mail by the county elections official.
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)
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