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					                                                      1 Deborah B. Caplan [SBN 196606]
                                                        Lance H. Olson [SBN 077634]
                                                      2 Richard C. Miadich [SBN 224873]
                                                        OLSON HAGEL & FISHBURN LLP
                                                      3
                                                        555 Capitol Mall, Suite 1425
                                                      4 Sacramento, CA 95814
                                                        Telephone: (916) 442-2952
                                                      5 Facsimile: (916) 442-1280

                                                      6 Attorneys for Petitioner
                                                        ALLAN D. CLARK
                                                      7

                                                      8
555 CAPITOL MALL, SUITE 1425, SACRAMENTO, CA 95814




                                                                            IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                                      9                                        COUNTY OF SACRAMENTO
       OLSON HAGEL & FISHBURN LLP




                                                     10

                                                     11 ALLAN D. CLARK                                           CASE NO.:
                                                     12            Petitioner,
                                                                                                                 VERIFIED PETITION FOR WRIT OF
                                                            v.                                                   MANDATE
                                                     13

                                                     14 DEBRA BOWEN, in her official capacity as                 [ELEC. CODE, §§ 13314; 9092]
                                                     15 CALIFORNIA SECRETARY OF STATE,                           STATEWIDE ELECTION MATTER
                                                     16                                                          IMMEDIATE ACTION REQUESTED
                                                                        Respondent,
                                                     17

                                                     18                                                          STATUTORY DEADLINE:
                                                        GEOFF BRANDT, in his official capacity as State          MARCH 15, 2010
                                                     19
                                                        Printer; the LEGISLATURE OF THE STATE OF                 [PROPOSITION 14]
                                                     20 CALIFORNIA,
                                                                                                                 Date:
                                                     21
                                                                                                                 Time:
                                                                        Real Parties in Interest.
                                                     22                                                          Dept.:

                                                     23

                                                     24

                                                     25          Petitioner, ALLAN D. CLARK, seeks a writ of mandate to prevent the printing of government-
                                                     26 authored material relating to Proposition 14 in the June 2010 ballot pamphlet that is false, misleading, or
                                                     27 otherwise not fair and impartial. In support of his Petition, he states as follows:

                                                     28

                                                                                                            1
                                                          ___________________________________________________________________________________________________
                                                                                      VERIFIED PETITION FOR WRIT OF MANDATE
                                                      1                                              INTRODUCTION
                                                      2          1.     This action concerns the ballot materials for Proposition 14, which would amend the

                                                      3 California Constitution to eliminate partisan primaries and impose a “top two” or “voter-nominated”

                                                      4 primary system for state and congressional elections. (Senate Constitutional Amendment 4 (Sen. Const.

                                                      5 Amend. No. 1 (2009-2010 Reg. Sess.) (“SCA 4”).) As part of the February 2009 budget package

                                                      6 enacted by the Legislature and signed by the Governor, the Legislature agreed to present SCA 4 to

                                                      7 voters on the June 2010 Primary Election ballot. (Senate Bill 19 (Stats. 2009, 3rd Ex. Sess. 2009-10, ch.

                                                      8 7 (“SB 19”).) The Legislature is thus the author and proponent of SCA 4, now designated as Proposition
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                                                      9 14 by the Secretary of State.
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                                                     10          2.     Although the Elections Code requires the Attorney General to prepare a fair and impartial

                                                     11 ballot label and title and summary for all ballot measures, the Legislature overrode this requirement for

                                                     12 Proposition 14 and instead crafted its own ballot label and title and summary and directed the Secretary

                                                     13 of State to print the same in the official ballot pamphlet materials distributed to voters.

                                                     14          3.     The ballot materials crafted by the Legislature unlawfully attempt to use the ballot label

                                                     15 and title and summary to persuade voters to adopt Proposition 14 by using biased words and phrases that

                                                     16 advocate for the measure‟s adoption rather than merely informing voters about its chief purpose and

                                                     17 effect, by referencing purported advantages of the measure that are not supported by factual evidence,

                                                     18 and by hiding or omitting critical information about the constitutional changes that Proposition 14
                                                     19 proposes. This Court must therefore correct or amend the ballot materials for Proposition 14 to ensure

                                                     20 that they are fair and impartial and free from false and/or misleading statements.

                                                     21                                         STATUTORY DEADLINES
                                                     22          4.     Elections Code section 9092 provides for a 20-day period in which voters are entitled to

                                                     23 review the ballot materials and file any legal challenges. The Secretary of State has indicated that all

                                                     24 legal challenges to ballot materials must be completed by March 15, 2010 for the June 2010

                                                     25 election. A true copy of the Secretary of State‟s Election Calendar for the Special Election is attached

                                                     26 as Exh. A.
                                                     27                                                   PARTIES
                                                     28          5.     Petitioner Allan D. Clark is a registered voter in the State of California, and a resident of

                                                                                                            2
                                                          ___________________________________________________________________________________________________
                                                                                      VERIFIED PETITION FOR WRIT OF MANDATE
                                                      1 Calaveras County, California. Mr. Clark is President of the California School Employees Association,

                                                      2 which represents approximately 230,000 dedicated, extraordinary school support staff throughout

                                                      3 California who perform a wide range of essential work in our public schools and community colleges,

                                                      4 including security, food services, office and clerical work, school maintenance and operations,

                                                      5 transportation, academic assistance and paraeducator services, library and media assistance, computer

                                                      6 services and more.

                                                      7          6.     Respondent Debra Bowen is the Secretary of State of California and is the State‟s chief

                                                      8 elections officer. She is charged with the duty of preparing a ballot pamphlet with respect to statewide
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                                                      9 initiative measures as well as ballots, ballot materials, sample ballots, and other voting materials. (Elec.
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                                                     10 Code, §§ 9081-9086.) Elections Code sections 9092 and 13314 require that the Secretary of State be

                                                     11 named as a respondent in this proceeding. She is sued in her official capacity only.

                                                     12          7.     Real Party in Interest Geoff Brandt is the State Printer of the State of California. He is

                                                     13 charged with printing the ballot pamphlet prepared by the Secretary State. Elections Code section 9092

                                                     14 requires that the State Printer be named as a real party in interest in this proceeding. He is sued in his

                                                     15 official capacity only.

                                                     16          8.     Real Party in Interest California Legislature is the body in which the California

                                                     17 Constitution vests all legislative power not reserved to the people. The Legislature drafted and is the

                                                     18 proponent of Proposition 14. By and through its enactment of SB 19, the Legislature mandated the
                                                     19 specific contents of the ballot label and title and summary for Proposition 14 and directed the Secretary

                                                     20 of State to include the same in all official ballot materials for the June 8, 2010 Primary Election.

                                                     21 Elections Code section 9092 requires the California Legislature be named as a real party in interest in

                                                     22 this proceeding.

                                                     23                                       JURISDICTION AND VENUE
                                                     24          9.     This court has jurisdiction over this action under sections 9092 and 13314 of the Elections

                                                     25 Code. This action “shall have priority over all other civil matters” pending before the court. (See Elec.

                                                     26 Code, § 13314(a)(3).
                                                     27          10.    The Elections Code mandates that the exclusive venue for this action is Sacramento

                                                     28 County. (Elec. Code, §§ 9092, 13314 (b).)

                                                                                                            3
                                                          ___________________________________________________________________________________________________
                                                                                      VERIFIED PETITION FOR WRIT OF MANDATE
                                                      1                                               ALLEGATIONS
                                                      2         11.     In the early morning hours of February 19, 2009, the Legislature passed Senate Bill 19

                                                      3 (Stats. 2009, 3rd Ex. Sess. 2009-10, ch. 7 (“SB 19”)). The Governor signed SB 19 on February 20,

                                                      4 2009. A true copy of SB 19 is attached as Exh. B.

                                                      5          12.    SB 19 was one of a series of bills enacted and signed into law as part of last year‟s state

                                                      6 “budget package.” It called for a Special Election to be held May 19, 2009 and placed six measures

                                                      7 proposed by the Legislature, later designated Propositions 1A through 1F, before the voters on that

                                                      8 ballot. For each of these measures, SB 19 overrode the Attorney General‟s authority to prepare a “fair
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                                                      9 and impartial” title and summary and ballot label. Instead, SB 19 provided that the title and summary
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                                                     10 and ballot label prepared by the Legislature for each measure be printed in the ballot materials

                                                     11 distributed to voters.

                                                     12          13.    SB 19 also placed Senate Constitutional Amendment 4 (Sen. Const. Amend. No. 1 (2009-

                                                     13 2010 Reg. Sess.) (“SCA 4”) on the June 8, 2010 ballot. The Secretary of State subsequently designated

                                                     14 SCA 4 as “Proposition 14” on the June 8, 2010 Primary Election ballot. As used throughout this

                                                     15 Petition, references to “Proposition 14” refer to the bill enacted as “SCA 4,” and references to “SCA 4”

                                                     16 refer to the ballot measure designated as “Proposition 14” on the June 8, 2010 Primary Election ballot.

                                                     17 A true copy of SCA 14/Proposition 14 is attached as Exh. C.

                                                     18          14.    If adopted, Proposition 14 would amend the California Constitution to provide for a “top-
                                                     19 two” or “voter-nominated” primary election system for congressional, statewide, and legislative offices

                                                     20 in California. Statutory changes to implement the top-two primary system would be made automatically

                                                     21 if the voters adopt Proposition 14. (See Senate Bill 6 (Stats. 2009, 3rd Ex. Sess. 2009-10, ch. 1 (“SB

                                                     22 6”).) The Elections Code changes set forth in SB 6 only take effect if Proposition 14 passes. A true copy

                                                     23 of SB 6 is attached as Exh. D.

                                                     24          15.    Under existing law, primary elections for congressional, statewide, and legislative races

                                                     25 are held for the purpose of nominating the representatives from qualified political parties whose names

                                                     26 will appear on the general election ballot. Voters who register as members of a qualified political party
                                                     27 are entitled to vote in their registered political party‟s primary elections. Some qualified political parties

                                                     28 have opted to also allow voters whose registration status is “decline-to-state” or “independent” to vote in

                                                                                                            4
                                                          ___________________________________________________________________________________________________
                                                                                      VERIFIED PETITION FOR WRIT OF MANDATE
                                                      1 their respective primary elections.

                                                      2          16.    In 2004, sixty-seven percent of voters approved Proposition 60, which amended to the

                                                      3 California Constitution to provide that political parties that participate in a primary election for an office

                                                      4 have a constitutional right to have the name of their candidate who receives the highest number of votes

                                                      5 in such a primary election appear on the general election ballot. (See Cal. Const., art. II, § 5.) Existing

                                                      6 law thus provides that duly qualified political parties have a right to nominate their candidate in a

                                                      7 primary election and have that nominee participate in the general election.

                                                      8          17.    Proposition 14 would eliminate the political parties‟ constitutional right to nominate
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                                                      9 candidates for congressional and state elective offices. Instead, all candidates for each office would
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                                                     10 appear together on a single primary election ballot, regardless of the candidate‟s registered political

                                                     11 party “preference,” if any. The names of the two candidates who receive the highest number of votes at

                                                     12 the primary election, and only those two candidates (except in case of a tie), would appear on the general

                                                     13 election ballot for each office, regardless of their stated political party “preference,” if any.

                                                     14          18.    Existing law requires that the registered political party affiliation, if any, of each candidate

                                                     15 for congressional, statewide, and legislative office shall be indicated on the primary and general election

                                                     16 ballots on which their names appear. (Elec. Code, §§ 8124, 13105.) Proposition 14 would eliminate this

                                                     17 requirement for congressional and state elective offices. (Exh. D, pp. 9, 15.) Candidates running in a

                                                     18 primary under Proposition 14 would have the option to disclose their party “preference” on the ballot or
                                                     19 to withhold that information by indicating “No Party Preference.” A voter would be permitted to vote

                                                     20 for any candidate regardless of the voter‟s or the candidate‟s registered party “preference” or lack

                                                     21 thereof.

                                                     22          19.    Existing law authorizes independent candidates to directly access the general election

                                                     23 ballot, and authorizes voters to write-in the names of qualifying candidates on the general election

                                                     24 ballot. (Elec. Code, §§ 8003, 8600.) Proposition 14 would eliminate the authority for independent

                                                     25 candidates to directly access the general election ballot and would eliminate the voters‟ right to write-in

                                                     26 the name of qualifying candidates on the general election ballot. (See Exh. D, pp. 9, 11.) Under
                                                     27 Proposition 14, independent and write-in candidates could access the general election ballot only if they

                                                     28 were one of the top two vote-getting candidates in the primary election.

                                                                                                            5
                                                          ___________________________________________________________________________________________________
                                                                                      VERIFIED PETITION FOR WRIT OF MANDATE
                                                      1          20.    The Elections Code directs the Attorney General to prepare an impartial ballot label and

                                                      2 title and summary describing the purpose and effect of each ballot measure presented to the voters.

                                                      3 (Elec. Code, §§ 9050-51, 13247, 13280-81.)

                                                      4          21.    Like the six measures placed on the May 19, 2009 Special Election ballot, SB 19 overrode

                                                      5 the Attorney General‟s authority to prepare a “fair and impartial” title and summary and ballot label for

                                                      6 Proposition 14 and instead directed that the title and summary and ballot label prepared by the

                                                      7 Legislature for Proposition 14 be printed in the ballot materials distributed to voters for the June 8, 2010

                                                      8 Primary Election. (See Exh. B at p. 10.) Additionally, the Legislature prohibited the Attorney General
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                                                      9 from revising any of these ballot labels or titles and summaries, although he is directed to add a fiscal
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                                                     10 summary based on the analysis provided by the Legislative Analyst‟s Office (“LAO”). (Id.) True

                                                     11 copies of the ballot label and title and summary for Proposition 14 are attached as Exhs. E and F,

                                                     12 respectively.

                                                     13          22.    The ballot label prepared by the Legislature for Proposition 14 and which SB 19 directs be

                                                     14 printed in the official ballot materials distributed to voters reads as follows:

                                                     15          ELECTIONS. PRIMARIES. GREATER PARTICIPATION IN ELECTIONS.
                                                                 Reforms the primary election process for congressional, statewide, and legislative
                                                     16          races. Allows all voters to choose any candidate regardless of the candidate‟s or voter‟s
                                                                 political party preference. Ensures that the two candidates receiving the greatest
                                                     17
                                                                 number of votes will appear on the general election ballot regardless of party
                                                     18          preference.

                                                     19          20.     The title and summary prepared by the Legislature for Proposition 14 and which SB 19
                                                     20 directs be printed in the official ballot materials distributed to voters reads as follows:

                                                     21          PRIMARY ELECTION PROCESS REFORM. GREATER PARTICIPATION IN
                                                                 ELECTIONS. Encourages increased participation in elections for congressional,
                                                     22          legislative, and statewide offices by reforming the procedure by which candidates are
                                                                 selected in primary elections. Gives voters increased options by allowing all voters to
                                                     23
                                                                 choose any candidate regardless of the candidate‟s or voter‟s political party preference.
                                                     24          Ensures that the two candidates receiving the greatest number of votes will appear on the
                                                                 general election ballot regardless of party preference. Does not change primary elections
                                                     25          for President, party committee offices, and nonpartisan offices.
                                                     26
                                                                 23.    Elections Code section 9051 requires the title and summary prepared by the Attorney
                                                     27
                                                          General to be a “true and impartial statement of the purpose of the measure in such language that …
                                                     28

                                                                                                            6
                                                          ___________________________________________________________________________________________________
                                                                                      VERIFIED PETITION FOR WRIT OF MANDATE
                                                      1 shall neither be an argument, nor be likely to create prejudice for or against the proposed measure.”

                                                      2 (Elec. Code, § 9051.) The shorter ballot label and ballot summary are to be “condensed” versions of the

                                                      3 title and summary. (Elec. Code, §§ 13247, 13280-81.) The requirement that the title and summary be

                                                      4 fair and impartial applies equally to the Legislature when it assumes the responsibility for preparing the

                                                      5 title and summary and ballot argument.

                                                      6          24.    The California Supreme Court has made clear that “the government may not „take sides‟

                                                      7 in election contests or bestow an unfair advantage on one of several competing interests.” (Stanson v.

                                                      8 Mott (1976) 17 Cal.3d 206, 217.) Article II, sections 3 and 4 of the State Constitution direct the
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                                                      9 Legislature to provide for free elections, and to “prohibit improper practices that affect elections,”
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                                                     10 respectively. As the Stanson court noted, governmental “attempts to influence the resolution of issues

                                                     11 which out Constitution leaves to the „free election‟ of the people…present a serious threat to the

                                                     12 integrity of the electoral process.” (Id. at 217.)

                                                     13          25.    Elections Code section 9092 provides that this court may issue a writ of mandate to

                                                     14 prevent the publication of material in the ballot pamphlet that is “false, misleading or inconsistent with

                                                     15 the requirements of [the Elections Code] or Chapter 8 (commencing with Section 88000) of Title 9 of

                                                     16 the Government Code” and Elections Code section 13314, which authorizes the Court to issue a

                                                     17 peremptory writ of mandate “upon proof . . . that an error, omission, or neglect” violates the California

                                                     18 Constitution and “that issuance of the writ will not substantially interfere with the conduct of the
                                                     19 election.” (Elec. Code § 13314, subd. (a)(2).)

                                                     20          26.    The title and summary and ballot label imposed by the Legislature for Proposition 14 are

                                                     21 not fair and impartial and are impermissibly designed to create prejudice voters in favor of the measure

                                                     22 in several ways including, but not limited to, the following:

                                                     23          (1)     the ballot materials repeatedly use the non-neutral words “reforms” and “reforming” to
                                                                 place a positive spin on the changes the measure would make to the primary process;
                                                     24
                                                                 (2)     the ballot materials claim that Proposition 14 will result in “greater participation in
                                                     25          elections” despite the fact that nothing in the measure directly impacts voter turnout and such
                                                     26          claim is made primarily to prejudice voters in favor of the measure;

                                                     27          (3)     the ballot materials are not impartial as they include several speculative benefits (i.e.,
                                                                 greater participation, more options) designed to appeal to voters while omitting or concealing
                                                     28          information likely to cause voters to have concerns about the measure (i.e., eliminates the rights

                                                                                                            7
                                                          ___________________________________________________________________________________________________
                                                                                      VERIFIED PETITION FOR WRIT OF MANDATE
                                                      1          of political parties, eliminates the ability to consider independent or write-in candidates in the
                                                                 general election, eliminates the requirement that candidates identify party preference).
                                                      2
                                                                 27.    Several statements in the title and summary and ballot label imposed by the Legislature
                                                      3
                                                          for Proposition 14 are also false and/or misleading as those terms are used in Elections Code section
                                                      4
                                                          9092 including, but not limited to, the following:
                                                      5
                                                                 (1)    the claim that Proposition 14 will result in “greater participation in elections” is false
                                                      6
                                                                 and/or misleading because it is entirely speculative and, in fact, evidence from other states that
                                                      7          have voter-nominated primary elections does not show an increase in voter participation;

                                                      8          (2)      the assertion that Proposition 14 “gives voters greater options” is misleading in light of
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                                                                 the fact that independent and write-in candidates will no longer have direct access to the general
                                                      9          election ballot, and voters in the general election will have fewer options, not more;
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                                                     10
                                                                 (3)    the ballot materials are misleading insofar as they fail to mention that the measure would
                                                     11          eliminate the current constitutional rights of political parties to nominate candidates;

                                                     12          (4)    the ballot materials are misleading insofar as they fail to mention that write-in candidates
                                                                 and independent candidates will no longer have direct access to the general election ballot;
                                                     13

                                                     14          (5)     the ballot materials fail to disclose that candidates who have a registered political party
                                                                 preference may choose to be identified as “No Party Preference” and thus withhold their party
                                                     15          identification voters;

                                                     16          28.    Upon information and belief, the non-English translations of the ballot label and title and
                                                     17 summary will accurately translate the current English versions imposed by the Legislature, and will

                                                     18 require correction or amendment to the same extent the English versions require correction or
                                                     19 amendment.

                                                     20          29.    Petitioner has no other adequate remedy at law and will suffer immediate and irreparable
                                                     21 injury unless this Court issues a writ of mandate deleting or amending the biased, false and/or

                                                     22 misleading statements as described herein.

                                                     23          30.    Petitioner is informed and believes, and on that basis alleges, that issuance of a writ
                                                     24 requiring the amendments and deletions set forth below will not interfere with the printing and

                                                     25 distribution of the ballot pamphlet. According to the Secretary of State‟s June 8, 2010 California

                                                     26 Statewide Direct Primary Election Calendar (Exh. A), the period for public review and legal challenges
                                                     27 to any ballot label contained in the Statewide Direct Primary for the provisions of SB 19 began February

                                                     28 23 and ends March 15, 2010.

                                                                                                            8
                                                          ___________________________________________________________________________________________________
                                                                                      VERIFIED PETITION FOR WRIT OF MANDATE
                                                      1

                                                      2                                                FIRST CLAIM
                                                      3                               [BALLOT LABEL FOR PROPOSITION 14]
                                                      4          31.    Petitioners incorporate paragraphs 1 through 30 of this Petition.

                                                      5          32.    The Legislature‟s ballot label for Proposition 14, required by SB 19 to be provided in the

                                                      6 ballot materials mailed to voters for the Primary Election, is not fair and impartial and constitutes an

                                                      7 impermissible use of public funds to attempt to bring about a particular result in an election campaign in

                                                      8 violation of the Elections Code and the State Constitution.
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                                                      9          33.    The ballot label for Proposition 14 is false and/or misleading within the meaning of
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                                                     10 Elections Code section 9092.

                                                     11          34.    To ensure neutrality and prevent the ballot label from being false and/or misleading, this

                                                     12 Court should amend or correct this statement as follows:

                                                     13          ELECTIONS. PRIMARIES. GREATER PARTICIPATION IN ELECTIONS. Reforms
                                                                 Changes the primary election process for congressional, statewide, and legislative races.
                                                     14          Allows all voters to choose any candidate regardless of the candidate‟s or voter‟s political
                                                                 party preference. Candidates not required to disclose their political party preference.
                                                     15
                                                                 Eliminates write-in candidates on general election ballot. Only Ensures that, the two
                                                     16          candidates receiving the greatest number of votes will appear on the general election
                                                                 ballot regardless of political party preference.
                                                     17
                                                                 35.    This suggested language is a fair and accurate informational summary of Proposition 14.
                                                     18
                                                     19                                              SECOND CLAIM
                                                     20                     [BALLOT TITLE AND SUMMARY FOR PROPOSITION 14]
                                                     21          36.    Petitioner incorporates paragraphs 1 through 35 of this Petition.
                                                     22          37.    The Legislature‟s title and summary for Proposition 14, required by SB 19 to be provided
                                                     23 in the ballot materials mailed to voters for the Primary Election, is not fair and impartial and constitutes

                                                     24 an impermissible use of public funds to attempt to bring about a particular result in an election campaign

                                                     25 in violation of the Elections Code and the State Constitution.

                                                     26          38.    The title and summary is false and/or misleading within the meaning of Elections Code
                                                     27 section 9092.

                                                     28          39.    To ensure neutrality and prevent the title and summary from being false and/or

                                                                                                            9
                                                          ___________________________________________________________________________________________________
                                                                                      VERIFIED PETITION FOR WRIT OF MANDATE
                                                      1 misleading, this Court should amend or correct this statement as follows:

                                                      2          CHANGES PRIMARY ELECTION PROCESS REFORM. GREATER
                                                                 PARTICIPATION IN ELECTIONS.Changes primary election procedures Encourages
                                                      3          increased participation in elections for congressional, legislative, and statewide races. by
                                                                 reforming the procedure by which candidates are selected in primary elections. Gives
                                                      4
                                                                 voters increased options by aAllowings all voters to choose any candidate regardless of
                                                      5          the candidate‟s or voter‟s political party preference. Does not require candidates to
                                                                 disclose their registered political party preference. Eliminates political parties’ and
                                                      6          write-in and independent candidates’ rights to be on the general election ballot. Ensures
                                                                 that only the two candidates receiving the greatest number of votes will appear on the
                                                      7          general election ballot regardless of their registered political party preference. Does not
                                                                 change primary elections for President, party committee offices, and nonpartisan offices.
                                                      8
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                                                      9          40.    This suggested language is a fair and accurate informational summary of Proposition 14.
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                                                     10                                                RELIEF

                                                     11 WHEREFORE, Petitioner prays that this Court:

                                                     12          1.     Issue an alternative writ of mandate compelling Respondent to amend the ballot label and

                                                     13 title and summary for Proposition 14 or, in the alternative, to show cause before this Court at a specified

                                                     14 time why Respondent has not done so;

                                                     15          2.     Issue a peremptory writ of mandate commanding Respondent to amend the ballot label

                                                     16 and title and summary for Proposition 14 as set forth above, and to conform any translations of these

                                                     17 materials to the changes ordered by this Court;

                                                     18          3.     Award Petitioner attorneys‟ fees and costs incurred in connection with this matter; and

                                                     19          4.     Grant other such and further relief as the Court may deem necessary.

                                                     20

                                                     21 Dated: March 2, 2010

                                                     22                                                Respectfully submitted,

                                                     23                                                OLSON HAGEL & FISHBURN LLP
                                                                                                       Deborah B. Caplan
                                                     24                                                Lance H. Olson
                                                                                                       Richard C. Miadich
                                                     25

                                                     26
                                                                                                       By: _____________________
                                                     27                                                       Attorneys for Petitioner
                                                                                                              ALLAN D. CLARK
                                                     28

                                                                                                            10
                                                          ___________________________________________________________________________________________________
                                                                                      VERIFIED PETITION FOR WRIT OF MANDATE
                                                      1

                                                      2                                              VERIFICATION
                                                      3

                                                      4 I, ALLAN D. CLARK, declare that I am a Petitioner herein.

                                                      5         I have read the foregoing PETITION FOR WRIT OF MANDATE and know the contents

                                                      6 thereof. The same is true of my own knowledge, except as to those matters that are herein alleged on

                                                      7 information and belief, and as to those matters, I believe them to be true.

                                                      8
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                                                      9         I declare under penalty of perjury under the laws of the State of California that the foregoing is
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                                                     10 true and correct.

                                                     11

                                                     12 Date: _________________                        __________________________________________
                                                                                                             ALLAN D. CLARK
                                                     13

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                                                          ___________________________________________________________________________________________________
                                                                                      VERIFIED PETITION FOR WRIT OF MANDATE

				
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