BARNETT v DUNN, et al. - Request for Judicial Notice - DefaultDMS

8/9/2019 BARNETT v DUNN, et al. - Request for Judicial Notice - DefaultDMS

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EDMUND G . BROWN JR .Attomey General ofCaiifomiaSTEPHEN P. ACQUISTOSupervising Deputy Attome y G eneralANTHONY P. O'BRIENDeputy Attomey GeneralState Bar No. 23265013001 Street, Suite 125P.O. Box 944255Sacramento, CA 94244-2550Telephone: (916) 323-6879Fax: (916)324-8835E-mail: Anthony.O [email protected] Defendants Edmund G. Brown J r.,Attorney General, a nd Deb ra Bowen,Secretary of State

FILEO/Ef \?DORSEDJ U N J 1 2010

B y : _ L L UNADEP U TY C LLRK

SUPERIOR CO URT OF THE STATE O F CALIFO RNIACO UNTY OF SACRAMENTO

P A M E L A B A R N E T T ,Plaintiff,

V .

D A M O N J E R R E L L D U N N, ET AL.,

Defendants.

Ca seN o. 34-2010-00077415R E Q U E S T F O R J U D I C IA L N O T I C E INS U P PO R T O F D E F EN D A N T S 'D E M U R R E R[Code Civ. Proc . 430.10, et seq; E vid.Code 452,453]Date: O ctober 25, 2010Tim e: 9:00 a.m.Dept: 54Judge: The Honorable ShelleyanneChangTrial Da te: Not Yet SetAction 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

ofthe attached documents:/ / // / /

Request for Judicial Notice in Support of Defendants' Demurrer (34-2010-00077415)
mailto:[email protected]:[email protected]


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1 1. Exhibit AThe Declaration of Candidacy for the Republican Party nomination for2 the O ffice ofCaiifomia Secretary of State,filedby Damon Dunn on March 10, 2010. This3 exhibit is offered to demonstiate when Damon Dunn declared his candidacy for the Republican4 nomination for Secretary of State.5 2. Exhibit BA March 30, 2010 letterfromJerry Holland, Supervisor of Elections in6 Duval County, Flonda, in response to an inquiry by the Califomia Secretary of State's office7 regarding Damon Dunn 's Florida voting registiation record. This exhibit is offered to8 demonstiate when Damon Dunn's Florida voter registration expired.9 3. Exhibit CA May 12,2010 letter from Cahfomia Secretary of State, Election Fraud

10 Investigation Unit to Pamela Bam ett. This exhibit is offered to show that the Secretary of State's11 office investigated Dunn's eligibility for candidacy.12 3. Exhibit DThe June 8, 2010 Primary Election Calendar. This exhibit is offered to13 demonstiate to the Court the calendar of events associated with and leading up to the June 8, 201014 primary election.15 MEMO RANDUM O F PO INTS AND AUTHO RITIES16 Evidence Code 452, subdivision (c), provides that judicial notice may be taken of17 "[o]fficial acts ofthe legislative, executive, andjudicial departments . . . ofany state ofthe United18 states." Records of a county are properly noticed under Evid. Code 452 (official acts ofthe19 state), since counties are legal subdivisions ofthe state. {Cooke v. Superior Court (1989) 21320 Cal.App.3d 401 ,416.) Exhibits A and B are documents prepared by the coimty elections officers21 for O range County Califomia, and Duval County, Florida, respectively.22 ///

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2Request for Judicial Notice in Support of Defendants' Demurrer (34-2010-00077415)


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"O fficiai a cts include records, reports and orders of administiative agencie s." {Rodas v.Spiegel (2001) 87 Cal.App.4th 513, 518; see Hogen v. Valley Hospital (1983) 147 Cal.App.3d119 ,125 [judicial notice taken ofth e records and files of an administrative board].) Judicialnotice also may be taken of an y document published, recorded, or filed by any executivedepartment. (See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 8 26, 842 n.3 ["we m ay takejudicial notice ofthe report ofa state executive officer as reflecting an 'official act'"] (citationomitted).) Exhibit C and D are docum ents prepared and maintained by the Califomia Secretaryof State. Exhibit D is available online on the Secretary of State's website (www.sos.ca.gov).Dated: June 11 ,20 10 Respectfully Subm itted,

E D M U N D G . BRO W N J R .Attomey General of CahfomiaSTEPHEN P. ACQUISTOSupervising Deputy Attome y G eneral

SA201010135010573883 doc

T c y i^^^ '^'T-^A N T HO N Y P . O ' BRI E NDeputy Attomey GeneralAttorneysfor Defendants Edmund GBrown Jr., Attorney General, and DebraBowen, Secretary of State

Request for Judicial Notice m Support of Defendants' Demurrer (34-2010-00077415)
http://cal.app.4th/http://www.sos.ca.gov/http://www.sos.ca.gov/http://cal.app.4th/


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EXHIBIT A


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OFFICIAL FIL ING FORM

N E A L K E L LE YR E G I S T R A R O F V

D AT E I S S U E D

D E C L A R A T IO N O F C A N D ID A C YFiLEO

of the State of CaliforniaMAR 1 5 ^ 1 0

iecmatjs qkSpite10 MARIO A10:10REGISTRAR OF VOTERS USE ONLY

Deputy i jtretafy of StateI hereby declare myself a Republican Party candidate for nomination to the office of Secretary ofj r , - C O N T E S T ID 1042H-.HM.',?r CANDIC)ATE ' ID- 1

State, tobe voted for at the S tatewide P rimary E lection tobe held June 8, 2010 and declare thefollowing to be true:My name is: A v ^ c > v < t -A. V\


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^ v ' -)> .>: ' ' } '

O FFICE O F THE SUPERV ISO R O F ELECTIO NS

J ER R Y H O L L A N DS UP FR V I S O R O F ELEC TIO NSO FFICE fXM) 610-7777ChLL|904) .118-6877

IO'i EA.ST MO NRO E STRE ETJACKSO NV ILLE. FLORIDA 32202

FAX (904) 630-2920E- M AIL JHO LLAND@ C O J NET

March 30, 2010

Mark LorenChief InvestigatorElection Fraud Investigation UnitSecretary of State1500 11th StreetSacramento, CA 95814Dar Mr. Loren:Damon J. Dunn registered in the Duval County on May 12, 1999, as a Democrat, usingthe address of 10135 Gate Parkway, North, #1111, Jacksonville, Flonda. Recordsindicate that in March of 2002 Mr. Dunn's registration was converted to the statewidevoter registration database and at that time, because of no activity on his record, his statuswas changed from an active voter to an inactive voter. Due to our office receivingretumed mail from that address and there being no activity on his voting history, MrDunn's status was changed from an inactive voter to an ineligible voter on June 6, 2005Mr Dunn would be required to re-register in Duval County ifh e wanted to have votingprivileges in Duval County.We have enclosed a copy of Mr Dunn's originai application with non-public recordsinformation redacted Please feel free to cca|fc.n my office if we can be of furtherassistance.

iepi^ Hollandsupervisor of ElectionDuval CountyJH/sh


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EXHIBIT C


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D E B R A B O W E N | SEC RET ARY O F ST AT ESTATE O F CALIFO RNIA | ELECTIO NS150011th Street, 5thfloor Sacramento, CA 958141 Tel (916) 657-2166] Fax (916) 653-3214I wfwrw.sos.ca.gov

May 12, 2010

Pamela Barnett2541 Warrego W ayS acramento, C A 95826Dear Ms. Barnett:We are responding to your recent faxed complaint questioning the eligibility of Secretaryof State candidate Damon Dunn to be on the ballot.Y ou questioned Mr D unn's eligibility to run based on the conditions set forth inE lections C ode 8001(a)(2). T his section requires a candidate to not have beenregistered with any party except the one he/she seeks to be nominated from, within thepreceding 12 months. T he confl icting party evidence you cited was that Mr. Dunn waspreviously registered as a D emocrat in the state of Florida. However, we contacted theoffice of the D uval C ounty S upervisor of E lections and they reported that Mr. D unnregistered as a Dem ocrat in 1999, but never voted . His F lorida registration wassubsequently cancelled in J une 2005 T herefore, in March 2009, when Mr. D unnregistered as a Republican, he was not currently registered with any state and notaffiliated with any party, in comp liance with E C 8001(a)(2).Y ou also questioned Mr. D unn's failure to list his previous F lorida registration on hisMarch 2009 C alifornia voter registration W hile E lections C ode 2150 (a)(10) requiresthose registering to vote to disclose any prior registration, there are no criminalsanctions for non-com pliance. If y ou have evidence that this omission was intentional,please fonward to our officeThank you for bringing this matter to our attention.

Sincerely,

E lection Fraud Investigation U nit

" E n s u n n g t h e i n t e g n t y o f C a h f o m i a ' s e l e c t io n p r o c e s s .
http://wfwrw.sos.ca.gov/http://wfwrw.sos.ca.gov/


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EXHIBIT D


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J U N E 8,2010, P R I M A R Y E L E C T I O N C A L EN D A RNO TE. *Astensked dates mdicate that the date falls on a Saturday, Sunday, or a holiday, ift he date is also a deadline, in most cases,will move forward to the next business day

Jan 1* to Feb 25, 2010 1. Sign atures In Lieu of Filing Fees - All Pa rtisa n Ca ndid ates(E-158 to E-103) During this period, a partisan candidate for any office may obtain his orher forms from the county elections official or the Secretary of State forcirculating petitions to secure signatures in lieu ofal i or part ofthe filingfee. Signatures may also be applied to the signature requirements for theoffice on the nomination paper if they meet party registrationrequirements. 8061, 81 06Jan 1,2010* 2. Notice of O ffices in the Pr im ary Election(E-158) The last day for the Secretary of State to prepare and to send to eachcounty elections official a notice designating all the offices, except forcounty officers and judges of supenor courts, for which candidates are tobe nominated at the pnm ary election. 12103Jan 1,2010* 3. Approved Ballot Card V endors(E-158) By this date, the Secretary of State will publish the list of approved[Date fixed by law] manufacturers and fimshers of ballots for use in Califorma elections.Cal. Code Regs., tit. 2, 20226Jan 1,2010* 4. V oting Svstem Proce dures(E-158) No later than January 1 ofeach even-numbered year, the Secretary of[Date fixed by law] State shall review, and if necessary amend, administrative procedures foruse with each of the voting systems pursuant to Division 19 15002Jan 5, 2010 5. La st Dav to Register to Qualify a New Political Pa rtv(E-154) The last day any person may register to vote and declare an mtention toaffiliate with a particular political party in order to qualify that party toparticipate in the Jime 8, 2010, Primary Election candidate nom inatingprocess. 5100(b)Jan 5 to Jan 24, 2010* 6. Re port of Registration - 154-Dav County Re port(E-154 to E~l 35) During this period, the county elections official shall send to theSecretary of State a summary ofthe number of persons registered bypolitical party in their counties by party affiliation by each politicalsubdivision oftiie county as of January 5, 2010 (E-154).

2187(a), (c) & (d)(1)Jan 8, 2010 7. Pre-Election Residency Confirmation Proc edu re(E-151) The coimty elections official shall conduct a pre-election residency[Suggested Date] confirmation procedure as provided in Elections Code 2220 Thisto procedure shall be completed by the 90* day immediately prior to theMar 10, 2010 primary election.(E-90)

' All code section references are to the California Elections Code unless stated otherwise5-6


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J U N E 8,2010, PRIMA RY E L E CT IO N CA L E N D A RNO TE *Astensked dates indicate that the date falls on a Saturday, Sunday, or a holiday, ifth e date is also a deadline, in most cases,will move forward to the next busmess day.

The county elections official shall not be required to mail a residencyconfirmation postcard to any voter who has voted at an election heldwithin the last six months precedmg the start ofth e confirmationprocedure 2220(b)

Jan 11,2010 8. Gov ernor's Proclam ation - Issuance(E-148) By this date, the Govem or shall issue a proclamation calling the primaryelection and shall state the time o fthe election and the offices to befilled and transmit a copy ofth e proclamation to the board of supervisorsof each county. The Secretary of State will send an informational copyofthe proclamation to each county elections official 12000Jan 24, 2010* 9. Decline to State V oter Pa rticipa tion Notice(E-135) Last day for a political party to notify the Secretary of State that it hasadopted a rule that authorizes a person w ho has declined to state a partyaffiliation to vote the ballot of that political party at the June 8, 2010,primary election. 13102(c)Jan 24, 2010* 10. Re port of Registration - 154-Day County Rep ort Sum ma ries Due(E-13 5) By this date, each coimty elections official shall send to the Secretary ofState a summary statement ofthe number of persons registered as ofJanuary 5, 2010 (E-154). 2187(a), (c) & (d)(1)Jan 24, 2010* 11. Sec retary of State Ann ounces Newly Qualified Pa rty(E-135) The last day for the Secretary of State to determine whether a newpolitical party has qualified for the June 8, 2010, primary election eitherby registration (88,991 registrations) or by filing a petition (889,906signatures). 5100(b) fe (cJan 24, 2010* 12 Notice of County Cen tral Com mittee Elections - Gree n.(E-135) Lib erta rian, and Peace and Freedom PartiesLast day for the state chairperson ofeach party to notify the Secretary ofState whether or not a county central committee election will be held. 5005,7770Jan 28 , 2010 13. Initiative M easu re Qualification Deadline(E-131) The last day for an imtiative measure to qualify for the primary electionballot. Cal. Const., art. II, 8(c), Elec. Code 9016Jan 28, 2010 14. Legislative M eas ure 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 proposedmeasure to appear on the primary election ballot. 9040

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J U N E 8,2010, PRIMARY E L E CT IO N C A L E N D A RNOTE' *Astensked dates mdicate that the date falls on a Saturday, Sunday, or a holiday, ifthe date is also a deadline, in most cases, will move forward to the next busmess day "

Feb 3,2010(E-125)

Feb 3 , 2010(E-125)

Feb 5, 2010(E-123)[Date designated by theSecretary of State]

15. Notice of Parties Qualified to Participate in PrimaryThe last day for the Secretary of State to prepare and send to each countyelections official a notice designatmg the names ofthe political partiesqualified to participate in the primary election 12103

16. County Central Committee - American Independent PartyThe last day for the Secretary of State to compute the number ofmembers ofthe central committees to be elected in each coimty and tomail certificates to that effect to each coimty elections official and to thechairperson of record ofeach state central comm ittee. 767117. State Measures - Ballot Label and Title and Summary DeadlineThe Attom ey General is asked to provide, no later than this date, all

official ballot labels and titles and summaries for the measures that havequalified for the primary election ballot so that the Secretary of State hassufficient time to translate the ballot labels and titles and sum maries inany appropriate languages pnor to pubhc display.9050,9051,9054,13247Feb 8, 2010(E-120) 18. State Measu res - News Release Inviting Argum entsO n or before this date, the Secretary of State will issue a general newsrelease requesting voters to submit an argument in each case whereeither the argument for or against any ballot measure has not beenprepared and filed. 9060-9063Feb 9, 2010(E-119)[Date designated by theSecretary of State]

19. State Measures - Argument Submission DeadlineBy this day, legislators and their appointee(s) must submit to theSecretary of State their arguments for and against each legislativemeasure that qualified by January 28 , 2010 (E-131). O nce submitted, noargument may be changed or amended. 9043Whenever the Legislature submits any measure to the voters ofthe state,the author ofthe measure and no more than two persons appointed bythe author may draft an argument for its adoption, or the author ofth emeasure m ay appoint no more than three persons to draft the argument.This argument shall not exceed 500 words in length If the author of themeasure desires separate arguments to be wntten in its favor by eachperson appomted, separate arguments may be written, but the combinedlength shall not exceed 500 words. 9041Ifa legislative measure was not adopted unanimously, one member ofeach house who voted against it shall be appointed by the presidingofficers ofthe respective houses to write an argument against themeasure This argument shall not exceed 500 words. If those membersappointed to write an argument against the measure choose, each may

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J U N E 8,2010, PRIMARY E L E C T I O N C A L E N D A RNOTE *Astensked dates indicate that the date falls on a Saturday, Sunday, or a holiday, ifthe date is also a deadline, m most cases,will move forward to the next business day.

write a separate argument opposmg it, but the combined length ofthetwo arguments shall not exceed 500 words. 9042Any voter may request the Secretary of State's permission to prepareand file an argument for either side ofan y such measure for which noargument has been prepared The Secretary of State shall grantpermission unless two or more voters request permission to submitarguments on the same side of a measure, in which event the Secretaryof State shall designate one ofthe voters to write the argument. 9044, 9067

Feb 14, 2010* 20 Selection and Exchange of Argum ents For and Against Me asures(E-114) O n 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 submittedSecretary of State] in favor of or against the same measure. The Secretary of State willexchange arguments with opposing authors and request rebuttalarguments. 9067, 9069Feb 15* to Mar 12, 2010 21 . Declaration of Candida cy and Nom ination Pap ers - Cand idate(E-113toE-88) FilingDuring this penod , all partisan candidates must file their declarations ofcandidacy for office and circulate their nomination papers and deliverthem to the coimty elections official for filing. AH candidates must paythe nonrefundable filing fees or present in-lieu signatures at the timethey receive their nomination papersfi-om he county elections official.The number of valid in-lieu signatures any candidate obtams may besubtracted from the num ber required for his or her nomination papers ifthe signatures meet party registration requirements. A candidate shallnot be required to execute a nomination paper if the number of in-lieusignatures that meet the nomination requirement on the in-lieu petitionsequals or exceeds the mimmum number required by section 8062. Allnomination documents for United States Senator, Member ofthe Houseof Representatives, state constitutional officer, and Members o fthe StateSenate or Assembly are to be left with the county elec tions official forfiling with the Secretary of State.

333, 8020, 8041, 8061, 8062, 8100, 8105, 8106F e bl 5* to M a r 12, 2010 22 Can didate Statements in the Coun tv O fficial Sample Ballot(E-113 to E-88) Durmg this period. United States House of Representatives and stateSenate and Assembly candidates may purchase space for a 250-wordcandidate statement in the official sample ballot(s) ofth e county orcounties in the jurisdiction. Candidates for state Senate and Assemblymay purchase statement space only if they have agreed to voluntaryexpenditure limits. Gov. Code 85601(c); Elec. Code 13307 5

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J U N E 8,2010, PRIMA RY E L E C T IO N CA L E N D A RNO TE *Astensked dates indicate that the date falls on a Saturday, Sunday, or a holiday; ifth e date is also a deadline, in most cases,will move forward to the next business day

Feb 15* to Mar 17, 2010(E-113toE-83)

23 . Nomination Documents Forwarded to the Secretary of StateDuring this period and within five days of receipt of the nominationdocuments, the county elections officiai shall deliver to the Secretary ofState those nomination docum ents for United States Senator, Member ofthe United States House of Representatives, state constitutional officer,or Members o fthe State Senate or Assembly, together with a statementshowmg the number of valid signatures on the nomination documentfrom all candidates. 8070, 8082

Feb 17, 2010(E-111)[Date designated by theSecretary of State]

Feb 18,2010(E-110)[Date designated by theSecretary of State]

24. Can didate Statemen ts in the State V oter Information GuideDeadlineThe last day statewide candidates and Umted States Senate candidatesmay purchase space for a 250-word candidate statement in the officialstate V oter Information Guide. Statewide candidates may purchasestatement space only if they have agreed to voluntary expenditure limits.Gov Code 85601(a); Elec. Code 9084(i

25. State Measu res - Analysis. Text, and Bond Stateme nt D eadlineThe Legislative Analyst and Legislative Counsel are asked to provide,no later than this date, all official analyses and texts for the measuresthat have qualified for the primary election ballot, as well as a Statementof Bond Debt, if necessary, so that the Secretary of State has sufficienttime to translate the state V oter Information Guide into any appropriatelanguages and to prepare copy for public display. 9087, 9088, 9091Feb 18,2010(E-110)[Date designated by theSecretary of State]

Feb 18,2010(E-110)[Date designated by theSecretary of State]Feb 23 , 2010(E-105)

26 . State Measures - Rebuttal Argum ent and Su mm ary InformationDeadlineThe last day rebuttal arguments and summary information for or againstballot measures qualified for the primary election ballot may besubmitted. Rebuttal arguments shall not exceed 250 words, andsummary information shall not exceed 50 words. 9069, 9084(e)27. Political Party Statement of Purpose DeadlineThe last day for political parties to submit statements of purpose, not toexceed 200 words, for m clusion in the state V oter Information Guide.

9084(e28. Newly Qualified Political Party ActivitiesThe last day temporary officers ofa iiewly qualified political party shallnotify the Secretary of State of their operating procedures. I fthe newlyqualified political party has not adopted its own detailed statutoryoperating procedures, they shall adopt the statutory provisions ofa nyother qualified political party that has provisions for its party operations.5005

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J U N E 8,2010, PRIMARY E L E C T I O N C A L E N D A RNOTE ' *Asterisked dates indicate that the date falls on a Saturday, Sunday, or a holiday, ifthe date is also a deadline, in most cases,will move forward to the next business day

Feb 23,2010(E-105)

Feb 23 to Mar 15, 2010(E-105 to E~85)[Date designated by theSecretary of State]Feb 25, 2010(E-103)

Mar 7, 2010*(E-93)

29. Re port of Registration - 154-Day Statewide Report PublishedThe last day for the Secretary of State to compile a statewide reportshowing the number of registered voters, by political party affiliation, inthe state and counties and political subdivisions thereof This statementmust be compiled by the Secretary of State within 30 days afterreceiving the summary statements sent by the county elections officialon January 24, 2010* (E-135) 2187(b) & (d)(1See Item #6 at January 5, 2Q10 (E-154) for Report of R egistration154-day County Report submissions.

30. State V oter Information Guide Available for Public Exam inationDuring this period, the state V oter Information Guide for the primaryelection will be available for public examination.Gov. Code 88006; Elec. Code 9092

31. Signatures In Lieu of Filing Fees - All Partisa n Can didatesThe last day for partisan candidates to tum in their petitions to thecounty elections official ofth e county in which the petition signersreside and are registered to vote. Within ten days after receipt of apetition, the coimty elections official shall notify the candidate of anydeficiency. The candidate shall then cover the deficiency either bysubmitting a supplemental petition or by paying a prorated portion ofthefiling fee not later than March 12, 2010 (E-88). Upon receipt oftherequired number of in-lieu signatures, or ofa sufficient combination ofsuch signatures and the prorated filing fee, the county elections officialshall issue the nomination papers provisionally. Any candidate whosubmits a number of valid in-lieu signatures that meet the nom inationsignatures requirement and equals or exceeds the minimum numberrequired by Elections Code 8062 for his or her nomination paper shallnot be required to file the nomination papers if they m eet partyregisti-ation requirements. 8061, 8062, 8105, 8106(b)(3) & (b)(4

32. Sign atures In L ieu of Filing Fees - De term ine SufficiencyThe last day for the coimty elections official to determine the sufficiencyofth e in-lieu signatures submitted by partisan candidates for all offices.Within 10 days after receipt of a petition, the county elections officialshall notify the candidate ofany deficiency. Before the close ofthenomination period (E-88), the candidates notified shall either submit asupplemental petition or pay a prorated fee to cover the deficiency. 8106(b)(3)

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J U N E 8,2010, PRIMA RY E L E CT IO N CA L E N D A RNO TE *Astensked dates mdicate that the date falls on a Saturday, Sunday, or a holiday, if the date is also a deadline, in most cases,will move forward to the next business day.

Mar 8, 2010(E-92)

Mar 10, 2010(E-90)

Mar 12, 2010(E-88)

Mar 12, 2010(E-88)[5-00 p.m .]

Mar 12, 2010(E-88)

Mar 13* to Mar 17, 2010(E-87 to E-83)[5.00 p.m.]

Mar 13* to Mar 26 , 2010(E-87 to E-74)[500p.m.]

33 . Randomized Alphabet Drawing - NoticeThe last day for the Secretary of State to notify the news m edia andother mterested parties ofthe place ofthe randoimzed alphabet drawingto be held at 11:00 am . on March 18, 2010 (E-82) 13112(c

34. Pre-Election Residency Confirmation Procedure - DeadlineBy this date, the coimty elections official must com plete the pre-electionresidency confirmation procedure. 2220-222635 Signatures In Lieu of Filing Fees - S upplemen talThe last day a candidate m ay submit a supplemental in-lieu petition tothe county elections official or pay a prorated portion of the filing fee tocover any deficiency in the filing fee payment 8106(b)(336. Declaration of Candidacy and Nomination Papers Filing DeadlineNot later than 5:00 p.m. on this day, all partisan candidates must deliverto the county elections official for fihng their declarations of candidacy,nomination papers, and ballot designation workshee ts. 8020, 8063, 8064,13107.337 Can didate Statemen ts in the Coun ty O fficial Sample Ballot DeadlineThe last day United States House of Representatives and state Senateand Assembly candidates may purchase space for a 250-word candidatestatement in the official sample ballot(s) of the county or counties in the

jurisdiction. Candidates for state Senate and Assembly may purchasestatement space only if they have agreed to voluntary expenditure limitsGov. Code 85601(c); Elec. Code 13307.538. Nomination Period ExtensionIf an eligible incumbent United States Senator, Member ofthe UnitedStates House of Representatives, state constitutional officer, or Mem bersofth e State Senate or Assembly fails to file nomination papers by M arch12, 2010 (E-88), a five-day extension is allowed for any person, otherthan the incumbent, if otherwise qualified, to file for the office duringthe extended period. ' 802239. Nomination Period Extension - Death of O nly Partis an Can dida teIf only one candidate has filed nomination papers for a partisannomination at the primary election and that candidate dies afterMarch 12, 2010 (E-88), and by March 17, 2010 (E-83), any personqualified under Elections Code section 8001 may circulate and delivernomination documents for the office to the county elections official notlater tiian 5:00 p.m. on March 26, 2010 (E-74). 8025

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J U N E 8,2010, P R IM A R Y E L E C T IO N C A L EN D A RNO TE *Astensked dates indicate that the date falls on a Saturday, Sunday, or a holiday, if the date is also a deadline, in most cases,will move forward to the next busmess day

Mar 13* to Apr 1, 2010 40. Death of Incum bent Can didate or Lone O ppone nt - No npartisan .(E-87 to E-68) Non -Judicial O ffice - Nom ination Period Reopens[5:00 p.m.] Death of an incumbent or lone opponent between these dates causesfiling to reopen between the day following death and E-68. Any personqualified to be a candidate for the office may circulate and retumnomination documents by April 1,2010. 8027Mar 15, 2010 41. Last Dav State V oter Information Guide Available for Public(E-85) Exam ination and Copy Delivered to the State Prin terThe last day for the Secretary of State to deliver copy for preparation ofthe state V oter Information Guides to the Office of State Publishing.Last day ofpublic display.Gov. Code 88006; Elec Code 9082, 9092Mar 17, 2010 42. La st Dav of Nom ination Perio d 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 nominationdocuments for Umted States Senator, Member ofthe United StatesHouse of Representatives, state constitutional officer, or Members ofth eState Senate or Assembly. 8022Mar 17, 2010 43. Nom ination Docum ents Forw arded to the Secretary of State -(E-83) DeadlineThe last day for county elections official to forward nomination

documents and the number of valid nomination signatures that arerequired to be filed with the Secretary of State. 8082Mar 18, 2010 44. Random ized Alpha bet Draw ing(E-82) The Secretary of State shall conduct the randomized alphabet drawing at[11:00 a.m.] 11:00 a.m. and mail the results imm ediately to county elections officialsso that they may determine the o rder in which the candidates shallappear on the primary election ballot. 13112(b)( 1 )(BMar 26 , 2010 45. Nom ination Period Extension - Death of O nly Partis an Ca ndid ate(E-74) By 5:00 p.m. on this day, any person qualified under 8001 can deliver[5:00 p m ] to the county elections official his or her nomination documents for anypartisan office for wh ich only one candidate had filed but who died afterMarch 12, 2010 (E-88), and by March 17, 2010 (E-83) 8025

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J U N E 8,2010, PRIMA RY E L E CT IO N CA L E N D A RNO TE *Astensked dates indicate that the date falls on a Saturday, Sunday, or a holiday, ift he date is also a deadline, in most cases,will move forward to the next business day.

Apr 9 to Apr 19, 2010 52. Rep ort of Registration - 60-Day County Report(E-60 to E-50) During this period, the county elections official shall send to the Secretaryof State a summary statement ofthe number of persons registered bypolitical party in their counties and in each political subdivision thereof asof April 9,2010. 2187(a), (c) & (d)(2Apr 9 to May 24, 2010 53. Fede ral Election - Unregistered Special Absentee V oter. Application(E-60 to E-15) for V ote-bv-Mail BallotDuring this penod, counties may process Federal Post Card Applications(FPCA) from special absentee voters who are not registered to vote 300(b), 3100, 3103, 3104, 3300-3311Apr 9 to Jun 1, 2010 54. Federa l Election - Registered Special Absen tee V oter. App lication(E-60 to E-7) for V ote-bv-Mail BallotDuring this penod, counties may begin processing Federal Post CardApplications (FPCA) from special absentee voters who are alreadyregistered to vote. 300, 3300-3311Apr 12 to May 25, 2010 55. Statement of W rite-in Cand idacy and Nom ination Pap ers(E-57 to E-14) During this period, all write-m candidates must file their statements ofwrite-in candidacy and nom ination papers with the coimty electionsofficial. 8601Apr 19, 2010 56. V oter Registration Files to the Secretary of State(E-50) The last day for county elections officials to send the Secretary of State acopy of their registrant load files ofa li voters registered pnor toApril 9,2010 (E-60). The copy ofth e voter registration file shouldreflect the results ofthe pre-election residency confirmation procedure 2187(c) & (d)(2), 2220Apr 19, 2010 57. Re port of Registration - 60-Day County Re port Sum maries Due(E-50) By this date, each county elections official shall send to the Secretary ofState a summary statement ofthe number of persons registered as ofApril 9, 2010 (E-60). 2187(d)(2)Apr 23 , 2010 58. Re port of Registration - 60-Day Statewide Re port Published(E-46) Date designated by the Secretary of State to release a statewide reportshowing 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 A pnl19, 2010 (E-50). 2187(b) & (d)(2)

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J U N E 8,2010, P R I M A R Y E L E C T I O N C A L EN D A RNO TE *Astensked dates indicate that the date falls on a Saturday, Sunday, or a holiday, if the date is also a deadline, in most cases, will move forward to the next business day

Apr 24, 2010* 59. State V oter Information Guides Furn ished to Counties(E-45) By this date, the Secretary of State shall fumish copies ofthe state V oterInformation Guide to those counties that do not use data processingequipment to maintain their registered voter files. V oter InformationGuides will also be sent to all counties for their supplemental m ailings topersons who registered between April 10 and May 10, 2010 (E-59 toE-29) 9094Apr 24, 2010* 60. State V oter Information Guide to State and Local O fficials and(E-45) Pub lic Institutio nsBy this date, the Secretary of State shall send a specified number ofcopies ofthe state V oter Information G uide to city and county electionsofficials, members ofthe Legislature, proponents of statewide ballot

measures, public libranes, and educational institutions. 9096A pr2 9to M ay 18, 2010 61. State V oter Information Guide Mailing(E-40 to E-21) Between these dates, the Secretary of State shall mail state V oterInformation Guides to all households in which voters were registered byFriday, April 9, 2010 (E-60). This mailing is based on the informationprovided by counties' voter registration files provided to the Secretary ofState by April 19, 2010 (E-50). 9094(a)

In those counties in which such data processing equipment is not used,the coimty elections officiai shall mail the state V oter InformationGuides to all voters registered by April 9, 2010 (E-60). 9094(b)

Apr 29 to May 29, 2010* 62. Cou nties Ma il Sam ple Ballots(E-40 to E-10) Between these dates, the county elections official shall mail a poUmgplace no tice and an appropriate partisan or nonpartisan sample ballot toeach registered voter. The polling place notice shall state whether thepolling place is accessible to the physically handicapped. 13300-13304The county elections official shall also give sample ballots to thechairperson ofthe county central committee ofeach political party, shallmail a copy to each candidate, and shall post a copy of the sample ballotin a conspicuous place in the office. 13300, 13302

May 9, 2010* 63. Notice of Early Tab ulation(E-30) The last day for the county goveming body to notify the county electionsofficiai that certain offices or measures to be voted on are of more thanordinary public interest and will require an early tabulation andaimouncement. 14440

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J U N E 8,2010, PRIMA RY E L E CT IO N CA L E N D A RNO TE *Astensked dates mdicate that the date falls on a Saturday, Simday, or a holiday, if the date is also a deadline, in most cases, will move forward to the next business day. 1

May 10 to Jun 1,2010 64 V ote-bv-Mail V oter Ballot Application(E-29 to E-7) Between these dates, any registered voter may apply to the countyelections official for a vote-by-m ail ballot. Applications received beforeMay 10, 2010 (E-29) shall be kept and processed during this applicationperiod. 3001, 3003May 18,2010 65. State V oter Information Guide Mailing to be Com pleted(E-21) The last day for the Secretary of State, or the county elections officiai ifappropriate, to mail state V oter Information Guides to all householdswitii voters who registered by Ap nl 9, 2010 (E-60) 9094May 24, 2010 66 Close of Registration for the Ju ne 8.2010. Statewide Direct Prim ary(E-15) The last day to register to vote in the statewide direct primary election.

2102,2107No te: No person shall be registered as a voter except by affidavit ofregistration. The affidavit shall be mailed or delivered to the countyelections official and shall set forth all ofthe facts required to be shownunder Chapter 2 of Division 2 ofthe Califomia Elections Code. Aproperly executed registration shall be deemed effective upon receipt ofthe affidavit by the county elections official ifany ofth e followingapply:(1) The affidavit is postmarked on or before the 15tii day prior to theelection and received by m ail by the county elections official.(2) The affidavit is submitted to the Department ofM otorV ehicles or accepted by any other public agency designated as a voterregistration agency pursuant to the National V oter Registration Act of1993 (42 U S.C 1973gg) on or before the 15tii day prior to theelection.(3) The affidavit is delivered to the county elections official by meansother than those described in paragraphs (1) or (2) on or before the 15thday prior to the election.

May 24, 2010 67. Notice of Ch ange of Ad dress within Cou nty(E-15) The last day before the primary election for any voter to send a notice orletter to the county elections official advising o fthe change of addresswithin the county. The notification may be submitted to the DepartmentofM otor V ehicles (DMV ) or any National V oter Registration Act(NV RA) designated agency prior to the election. The coimty electionsofficial shall correct the registration records accordm gly. The notice isin lieu of reregistering. 2119

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J U N E 8,2010, PRIMA RY E L E CT IO N CA L E N D A RNO TE *Astensked dates indicate that the date falls on a Saturday, Sunday, or a holiday, i fth e date is also a deadline, in most cases,will move forward to the next business day.

May24to Jun 1,2010 68. Rep ort of Registration - 15-Day County Re port(E-15 to E-7) During this period, coimty elections officials shall send to the Secretaryof State a summary statement o fthe number of voters, by party, and ineach political subdivision thereof registered as of May 24 , 2010 (E-15). 2187(a), (c) & (d)(3May 25, 2010 69. Statem ent of W rite-in Cand idacy and Nom ination Pap ers(E-14) Last day for a write-m candidate to leave a statement of wnte-mcandidacy and nomm ation papers with the county elections official forfiling witii the Secretary of State. 860May 28, 2010 70. C ertified List of W rite-in Can didates(E-11) Secretary of State will prepare and send to affected county elections[Date designated by the official a certified list of write-in candidates showing the name of everySecretary of State] write-in candidate eligible to receive votes within the county at thePrimary election, their addresses and the offices to which they seekelection. This list will also be mailed to each person in the affectedoffices.May 25 to Jun 1,2010 71 New Citizen Reg istration Period(E-14 to E-7) Any person who becomes a citizen after the 15 day prior to the electionmay register to vote begmning on the 14 day prior to an election andending on the seventh day prior to election day. This registration mustbe executed in the county elections office. 331, 3500

A new citizen registering to vote after the close of registration shallprovide the county elections official with proof of citizenship prior tovoting and shall declare that he or she has established residency inCalifomia. 331,3500,3501The ballots of new citizens shall be received and canvassed at the sametime and under the same procedure as vote-by-mail voter ballots. 3502

May 27, 2010 72. Com puter Processing of V ote-bv-Mail Ballots(E-11) Counties having the necessary computer capability may begin to processvote-by-mail ballots on this date. This process may be completed to thepoint of placing the ballot information on computer tape , but under NQcircumstance shall a vote count be made before the polls close at 8:00p.m. on June 8, 201 0(E ). 151 01All other county elections officials shall start to process vote-by-mailvoter ballots at 5:00 p.m on the day before the election 15101

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J U N E 8,2010, PRIMA RY E L E CT IO N CA L E N D A RNO TE- *Astensked dates indicate that the date falls on a Saturday, Sunday, or a holiday, ift he date is also a deadline, in most cases,will move forward to the next business day

May 29, 2010* 73. Sample Ballots - Coun ty Mailing(E-10) The last day for the county elections official to mail sample ballots tovoters. 13300May 29, 2010* 74. Sample Ballots - Countv Mailing(E-10) The last day for each county elections official to mail sample ballots tovoters. 13300(cMay 29, 2010* 75. State V oter Information Guide Supplem ental Mailing by County(E-10) The last day for county elections officials to mail state V oterInformation Guides to voters who registered between April 10, 2010,and May 10, 2010 (E-59 to E-29), inclusive. 9094(cJun 1,2010 76 Re port of Registration - 15-Dav County Rep ort Sum maries Due(E-7) By this date, each county elections official shall send to the Secretary ofState a summary statement ofthe number of persons registered as ofMay 24, 2010 (E-15). 2187(d)(3)Jun 1,2010 77 V ote-by-Mail Ballot Application(E-7) The last day a voter can apply for a vote-by-mail ballot for the primaryelection. 3001

See Items #79 and #80 for exceptions.Jun 1,2010 78. Com puter Progra m 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 ofState. 15001Ju n2 to Ju n7 , 2010 79. Special Absentee V oter - Recalled to M ilitary Service(E-6 to E-1) A registered special absentee voter recalled to service afterJune 1, 2010 (E -7), but before 5:00 p.m. on June 7, 2010 (E-1 ), mayappear before the county elections official and obtain a vote-by-mailballot which m ay be voted in, or outside, the county elections official'soffice on or before the close ofth e polls and retumed as are other votedvote-by-mail ballots. 3110Jun 2 to Jun 8, 2010 80. V ote-by-Mail Ballots - La te Con ditions. (E-6 to E) O n or between these dates, any voter may apply in writing for a vote-by-mail ballot ifhe or she will be imable to go to the polls on election day.The voter may designate any authonzed representative to retum thevoted vote-by-mail ballot. 3021Jun 4, 2010 81. Re port of Registration - 15-Day Statewide Re port Published(E-4) Date designated by the Secretary of State to release a statewide reportshowing the num ber of registered vo ters, by political affiliation, in the

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J U N E 8,2010, P R IM A R Y E L E C T I O N C A L EN D A RNO TE. * Asterisked dates indicate that the date falls on a Saturday, Sunday, or a holiday, i fth e date is also a deadline, in most cases,will move forward to the next business day

State, each coimty, and each political subd ivision This statement isbased on the summ ary statements sent by each county elections officiaiby June 1, 2010 (E-7). 2187(d)(3)Jun 7,2010 82. Special Absentee V oter - Recalled to Military Service(E-1) The last day a registered special absentee voter recalled to service after[5:00 p .m.] June 1, 2010 (E-7), but before 5:00 p.m. on June 7, 2010 (E-1), mayobtam from the coimty elections official a vote-by-mail ballot which canbe voted in, or outside, the county elections official's office on or beforethe close ofthe polls and retumed as are other voted vote-by-mailballots. 3110Jun 8, 2010 83. Special Absentee V oters(E) Any registered special absentee voter who has retumed to their county ofregistration on or before this day, and to whom a vote-by-mail ballot hasbeen m ailed but not voted, m ay apply to vote in the county e lectionsofficial's office or in a polling place. 300(b), 3108

An unregistered special absentee voter who was released from serviceafter the close of registration and who has retumed to his or her countyof residence may apply in person to register with the county electionsofficial and vote in the election. Documentary proof of release fromservice is required. O n or before the day ofthe election, the countyelections official shall deliver to the precmct board a list of specialabsentee voters registered under Elections Code section 3107. 3107A special absentee voter who retums to the county after June 1, 2010(E-7), may appear before the county elections official and apply forregistration, a vote-by-mail ballot, or both. The county elections officialshall register the voter, ifno t registered, and shall deUver a vote-by-mailballot which may be voted m, or outside, the county elections official'soffice on or before the close ofthe polls on the day ofthe election andretumed as are other voted vote-by-mail ballots. 3109

Jun 8, 2010 84. Prim ary Election Day(E) O n this date, the polls shall be open throughout the state from7:00 a.m. to 8:00 p.m. 1000(c), 14212-Jun 8,2010 85 V ote-bv-Mail Ballots Retu rned in Q rde r to be Counted(E) V ote-by-mail ballots shall be received by 8:00 p.m. on Election Day atany polling place in the coimty where the vo ter is registered, or at theoffice of tiie elections official 3 017, 3 02

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