BARNETT V DUNN (STATE CASE CALI) - DEFENDANTS BOWEN AND BROWN'S INDEX OF NON-CALIFORNIA AUTHORITY WITH ATTACHMENT IN SUPPORT OF DEMURRER - DefaultDMS

8/9/2019 BARNETT V DUNN (STATE CASE CALI) - DEFENDANTS BOWEN AND BROWN'S INDEX OF NON-CALIFORNIA AUTHORITY

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E D M U N D G. B R O W N JR.Attorney General of CalifomiaSTEPHEN P. ACQUISTOSupervising Deputy Attomey GeneralANTHONY P. O 'BRIENDeputy Attomey GeneralState Bar No . 23265013001 Street, Suite 125P.O. Box 944255Sacramento, CA 94244-2550Telephone: (916) 323-6879Fax: (916) 324-8835E-mail: [email protected] fo r Defendants Edm und G Brown J rCalifornia Attorney General, a nd Deb ra Bowen,California Secretary o f State

SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF SACRAMENTO

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

v.DAMON JERRELL DUNN, et a l .

Defendants.

CaseNo. 34-2010-00077415DEFENDANTS BOWEN AND BROWN'SI N D E X OF NON-CALIFORNIAA U T H O R I T Y W I T H A T T A C H ME N T I NS U P P O R T O F D E MU R R E R T OPLAINTIFF 'S F IRST AMENDEDC O MP L A I N T(Cal. Rules ofC ou rt, 3.1113, subd. ( i))Date: October 25, 2010Tim e: 9:00 a.m.Dept: 54Judge: The Honorable ShelleyanneChangTrial Date: Not Yet SetAction Filed: May 10, 2010

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Defendants Bowen and Brown's Index of Non-Califomia Authority withAttachment m Support of Demurrer to Plaintiffs First Amended Complaint (34-2010-00077415)
mailto:[email protected]:[email protected]


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Pursuant to Califomia R ules ofCo urt, section 3.1113 , subdivision (i), Defendants Deb raBowen, Califomia Secretary of State, and Edmund G. Brown Jr., Califomia Attomey General,attach the following non-Califomia authority cited in their Memorandum of Points andAuthorities in Support of Demurrer to Plain tiffs First Amended complaint:

1. Florida Stattites, 98.065 (2010).Dated: August 13, 2010 Respectfully Submitted,

EDMUND G. BROWN JR.Attomey General ofCalifomiaSTEPHEN P. AC QUISTOSupervising Deputy Attomey General

ANTHONY P. O 'BRIENDeputy Attomey GeneralAttorneys for Defendants Ed mun d GBrown Jr., C alifornia Attorney General,and Debra Bowen, California Secretary ofStateSA201010135010602331 doc

Defendants Bowen and Brown's Index of Non-Califomia Authority withAttachment m Support of Demurrer to Plaintiffs First Amended Complaint (34-2010-00077415)


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ATTACHMENT 1


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LexisNexis'L E X S T A T F L A S T A T . 98 065

LexisNexis (R) Florida An notated StatutesCopyright (c) 2010 by Matthew Bender & Com pany, Inc. a member ofth e LexisNexis GroupAll rights reserved*** S T A T U T E S AND CONSTITUTION ARE CURRENT THROUGH THE 2010 REGULAR SESSION ***** Annotations current through Juiy 9, 2010 "**

TITLE 9 ELECTORS AND ELECTIONS (Chs 97-107)CHAPTER 98 REGISTRATION OFFICE, OFFICERS, AND PROCEDURESGO TO F LOR IDA S TATUTES AR C HIVE DIR EC TOR Y

Fla Stat 98 065 {20\0) 98 065 Registration list maintenance programs

(1) The supervisor must conduct a general registration list maintenance program to protect the integrity ofthe electoral process by ensuring the maintenance of accurate and current voter registration records m the statewide voter registration system The program must be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of1965, the National Voter Registration Act of 1993, and the Help America Vote Act of 2002 As used in this subsection,the term "nondiscriminatory" applies to and includes persons with disabilities(2) A supervisor must incorporate one or more ofth e following procedures in the supervisor's biennial registrationlist maintenance program under which.

(a) Change-of-address information supplied by the United States Postal Service through its licensees is used toidentify registered voters whose addresses might have changed,(b) Change-of-address information is identified from retumed nonforwardable retum-if-undeliverable mail sentto all registered voters in the county, or(c) Change-of-address information is identified from retumed nonforwardable retum-if-undeliverable addressconfirmation requests mailed to all registered voters who have not voted in the last 2 years and who did not make awritten request that their registration records be updated during that time

(3) A registration list maintenance program must be conducted by each supervisor, at a minimum, in eachodd-nu mbered year and must be completed not later than 90 days prior to the date ofan y federal election All list maintenance actions associated with each voter must be entered, tracked, and maintained in the statewide voter registrationsystem

(4) (a) Ifthe supervisor receives change-of-address information pursuant to the activities conducted in subsection(2), from jury notices signed by the voter and retumed to the courts, from the Department of Highway Safety and MotorVehicles, or from other sources which indicates that a registered voter's legal residence might have changed to anotherlocation within the state, the supervisor must change the registration records to reflect the new address and must sendthe voter an address change notice as provided in s 98 0655(2)(b) Ifthe supervisor of elections receives change-of-address information pursuant to the activities conducted msubsection (2), from jury notices signed by the voter and retumed to the courts, or from other sources which indicatesthat a registered voter's legal residence might have changed to a location outside the state, the supervisor of electionsshall send an address confirmation final notice to the voter as provided in s 98 0655(3 )


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Page 2Fla Stat 98 065

(c) The supervisor must designate as inactive all voters who have been sent an address confirmation final noticeand who have not retumed the postage prepaid, preaddressed retum form withm 30 days or for which the final noticehas been retum ed as undeliverable Nam es on the inactive list may not be used to calculate the num ber of signaturesneeded on any petition A voter on the inactive list may be restored to the active list of voters upon the v oter updatinghis or her registration, requesting an absentee ballot, or appearmg to vote How ever, ifth e voter does not update his orher voter registration information, request an absentee ballot, or vote by the second general election after being placedon the inactive list, the voter's name shall be removed fi-om he statewide voter registration system and the voter shall berequired to reregister to have his or her name restored to the statewide voter registration system(5) A notice may not be issued pursuant to this section and a voter's name may not be removed irom the statewidevoter registration system later than 90 days prior to the date of a federal election How ever, this section does not preclude the removal ofthe name of a voter from the statewide voter registration system at any time upon the voter's wnttenrequest, by reason ofthe voter's death, or upon a determination ofthe voter's ineligibility as provided in 5 98 075(7)(6) (a) No later than July 31 and January 31 ofeach year, the supervisor must certify to the department the listmaintenance activities conducted during the first 6 months and the second 6 months o fthe year, respectively, includingthe number of address confirmation requests sent, the number of voters designated as inactive, and the number of votersremovedfi-om he statewide voter registration system

(b) If, based on the certification provided pursuant to paragraph (a), the department determines that a supervisorhas not conducted the list maintenance activities required by this section, the department shall conduct the appropriatelist mainten ance activities for that county Failure to conduct list mam tenance activities as required in this section constitutes a violation of 5 104 051HI ST OR Y: S 28, ch 94-224, s 6, ch 200 2-28 1, s 19, ch 2005-27 8, s 6, ch 2008-95 , eff Jan 1,2009N O T E S :AMENDMENTS

The 2008 am endmen t by s 6, ch 200 8-9 5, effective January 1, 200 9, m (4)(a), substituted "which indicates that aregistered voter's legal residence might have changed to another location within the state, the supervisor must changethe registration records to reflect the new address and must sent the voter an address change notice as provided in s98 0655(2)" for "which information indicates that the legal address of a registered voter might have changed, the supervisor shall send by forwardable retum-if-undeliverable mail an address confirmation notice to the address at which thevoter was last registered," and deleted "A supervisor may also send an address confirmatton notice to any voter who thesupervisor has reason to believe has m ovedfi-omhis or her legal residence", rewrote (4)(b), and in (4)(c) inserted "final"preceding the first occurrence of "notice," and substituted "the final notice" for "an address confirmation notice "NOTE -Section 22, ch 200 2-2 81, provides that "[ejxcept as otherwise expressly prov ided in this act, this act shall take effectone year after the legislature adopts the general appropriations act specifically appropriatmg to the Department of State,for distribution to the counties, $8 7 million or such other amounts as it determines and appropriates for the specificpurpose of funding this act " Line item 28711 ofthe 2004-2005 General Appropriations Act appropriates $ 11 6 millionfor distribution to the counties for one disability-comp liant machin e per polling place For purposes o fth e effect of ch2002-281, 1 year after adoption of this approp riation would be July 1, 20 05.STATUTES REFERENCES

Chapter 98 Registration Office, Officers, and Proced ures, F 5 9 8 045 Adm inistration of voter registrationChapter 98 Registration Office, Officers, and Procedures, F S 98 081 N ames removed from the statewide voterregistration system, restrictions on reregistering, recordkeeping, restoration of erroneously or illegally removed namesLexisNexis 50 State Survey s, Legislation & Regulations '

Voter Registration

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BARNETT V DUNN (STATE CASE CALI) - DEFENDANTS BOWEN AND BROWN'S INDEX OF NON-CALIFORNIA AUTHORITY WITH ATTACHMENT IN SUPPORT OF DEMURRER - DefaultDMS