xginal- Court 2nd copy - Plain Approved, SCAO ‘st copy - Defendant 31d copy - Return ‘STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT le ee Social cnc ‘SUMMONS 20-QOO IIS -Mz ‘COUNTY PROBATE dpe Cour aaarese T~ Court telephone no, Michigan Court of Claims, 925 W, Ottawa Street, Lansing, Ml 48909 517-373-0807 PiaintiFs name(s, address(es), and elephone note). [Defendants name(s), address(es), and Tolephone nove). Donald J. Trump for President, Inc., and Jocelyn Benson, in her official capacity Eric Ostergren v as Secretary of State 430 W. Allegan St. /Piaintiffs attomey, bar no., address, and telephone no. ~ Richard H. Austin Building, 4th Floor Mark F. (Thor) Hearne, Il, #P40231 Lansing, MI 48918 True North Law, LLC 888-767-6424 112 S. Hanley Road, Suite 200 St. Louis, MO 63015 (314) 296-4000 | Instructions: Check the items below that apply to you and provide any cequired information, Submit this form tothe court clerk along wih your complaint and if necessary, a case inventory addendum (form MC. 21), The gummons section will be completed by the eau clerk, Domestic Relations Case here are no pending or resolved cases within the jurisdiction of the family division of the circuit court invoWing the family or family members of the person(s) who are the subject ofthe complaint There is one or more pending or resolved cases within the jurisdiction ofthe family division of the circuit cour involving the family or family members of the person(s) who are the subject of the complaint. | have separately filed a completed confidential case inventory (form MC 21) isting those cases CDiltis unknown if there are Pending or resolved cases within the jurisdiction of the family division of the circuit court involving the famiy or family members of the person(s) who are the subject ofthe complaint Civil Case This s a business case in which all or pat ofthe action includes a business or commercial dispute under MCL. 600.800, COMDHHS and a contracted health plan may have a right to recover expenses inthis case | certiy that notice and a Copy of _ the complaint wil be provided to MDHHS and (f applicable) the contracted health plan in accordance with MCL 400.106(4) GR There is no other pending or resolved civil action arising out ofthe same transaction or occurrence as alleged inthe complaint CAciuil action between these parties or other parties arising out ofthe transaction or occurrence alleged inthe complaint has been previously filed in Cthis court, C1 —— Court, where it was given case number _ ‘and assigned to Judge —. The action remains (lis no tonger pending. ‘Summons section completed by court clerk. ‘SUMMONS NOTICE TO THE DEFENDANT: Inthe name of tne peopie ofthe State of Michigan you are notiied 1. You are being sued 2. YOU HAVE 21 DAYS after receiving this surimons ane a copy ofthe complaint to file a written answer with the court and serve a copy on the other party oF take othiortaveful action with the court (28 days i you were served by mall or you were served outside this state). 3. Ifyou do not answer or take other action within the time allowed, judgment may be entered against you for the reliet demanded in the complaint. 4. Ifyou require special accommodations to use the court because of a disabilty orf you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements isto cate A eau cer : 4 690 Pes 56051 Jerome W. Zimmer Jr. “THis Sins is iva unio Sed on efor oxbraton dal Tis GocuTant Must be saleby We weal Te Ct cot (9/19) SUMMONS MCR 1.108(0), MCR 2.102(6), MOR 2.103, MCR 2.104, MR 2.105‘SUMMONS PROOF OF SERVICE Case No.t0- 600 34S HE TO PROCESS SERVER: You are to serve the summons and complaint not later than 91 days from the date of fling or the date of expiration on the order for second summons. You must make and file your return with the court clerk. If you are unable to complete service you must return this original and all copies to the court clerk, CERTIFICATE / AFFIDAVIT OF SERVICE / NONSERVICE (7 OFFICER CERTIFICATE OR Cl AFFIDAVIT OF PROCESS SERVER | certify that | am a sherif, deputy shenif, bali, appointed Being first duly sworn, | state that | am a legally competent court officer, or attorney for a party (MCR 2. 104{A](2)), adult, and | am not a party or an officer of a corporate and that: (notarzation not required) party (MCR 2.103[AD), and that: (notarization required) Ci served personally a copy of the summons and complaint, Cit served by registered or certified mail (copy of retum receipt attached) a copy of the summons and complaint, together with stall docomonis cowed with te summons and complaint on the defendant(s): [Defendants name [Complete aaressjes) of sence ay, dala, me Ci thave personally attempted to serve the summonsand complaint, togetherwith any attachments, on the following defendant(s) and have been unable to complete service. [Befendants name [Complete aaareas(es) of sence (Gay. dae. tme | declare under the penalties of perjury that this proof of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief. Sanice ee Nios Waveled Fee ‘Sanare 8 Is Incorrect address fee | Miles Waveled Fee TOTAL FEE Naive (ype or pny s s s Tie Subscribed and sworn to before me on ° County, Michigan. My commission expires: Signature: Dae Deputy coum cera Netary public Notary public, State of Michigan, County of ACKNOWLEDGMENT OF SERVICE | acknowledge that! have received service of the summons and complaint, together with ———_—_ on Bay. data Tine on behaif of. ‘SignatureSTATE OF MICHIGAN IN THE COURT OF CLAIMS DONALD J. TRUMP FOR PRESIDENT, INC, and ERIC OSTERGREN, Plaintiffs, v. JOCELYN BENSON, in her official Capacity as SECRETARY OF STATE Defendants. VERIFIED COMPLAINT FOR IMMEDIATE DECLARATORY, AND INJUNCTIVE RELIEF ‘There is no other pending or resolved civil action arising out of the transaction or ‘occurrence alleged in the complaint. PARTIES A. — Plaintiffs Donald J. Trump for President, Inc., and Eric Ostergren 1 Donald J. Trump for President, Inc. of the United States of America and is a candidate for reelection in the 2020 general election. Donald J. Trump for President, Inc., is the campaign committee for President Trump and Vice President Pence. 2. Eric Ostergren is a registered voter of Roscommon Céunty, Michigan and credentialed and trained as an election “challenger.” Eric Ostergren was excluded from the counting board during the absent voter ballot review process.B. Joslyn Benson is Michigan’s Secretary of State responsible for overseeing Oakland County’s conduet of the 2020 presidential election. 3. Jocelyn Benson is Michigai’s Secretary of State and is the “chief elections officer responsible for overseeing the conduct of Michigan elections, MCL 168.21 (“The secretary of state shall be the chief election officer of the state and shall have supervisory control over local election officials in the performance of their duties under the provisions of this aet.”); 168.31(1)(@) (the “Secretary of State shall ... issue instructions and promulgate rules ... for the conduct of elections and registrations in accordance with the laws of this state”). Local election officials must follow Secretary Benson’s instructions regarding the conduct of elections, Michigan law provides that Secretary Benson “[aldvise and direct local election officials as to the proper methods of conducting elections.”, MCL 168.31(1)(b). See also Hare v. Berrien Co Bd. of Election, 129 N.W.2d 864 (Mich. 1964); Davis v. Sec'y of State, 2020 Mich. App. LEXIS 6128, at *9 (Mich. Ct. App. Sep. 16, 2020). 4. Secretary Benson is responsible for assuring Michigan's local election officials conduct elections in a fair, just, and lawful manner. See MCL 168.21; 168.31; 168.32. See also League of Women Voters of Michigan v. Secretary State, 2020 Mich. App. LEXIS 709, *3 (Mich, Ct. App. Jan. 27, 2020); Citizens Protecting Michigan's Constitution v, Secretary of State, 922 N.W.2d 404 (Mich. Ct. App. 2018), aff'd 921 N.W.2d 247 (Mich. 2018); Fitzpatrick v. Secretary of State, 440 N.W.2d 45 (Mich. Ct. App. 1989). JURISDICTION AND STANDING 5. ‘The Court of Claims has “exclusive” jurisdiction to “hear and determine any claim or demand, statutory or constitutional,” or any demand for “equitable{ ] or declaratory relief or any demand for an extraordinary writ against the state or any of its departments or officers