Dunn Doj Judicial Notice Request

8/9/2019 Dunn Doj Judicial Notice Request

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E D M U N D. BRO W NR.Attorney General of CaliforniaSTEPHEN. A CQ U ~ S T OSupervisingDeputy Attorney GeneralANTHONY. O'BRIENDeputy Attorney GeneralState Bar No. 2326501300 I Street. Suite 125.-. , -~ ~~ - - -P.O. Box 94 4255Sacramento, CA 94244-2550Telephone: (916) 323-6879E-mail: Ak h ~ n ~ . ~ ~ r i e n@d o j . c a . ~ o vAttorneys for Defen dants Edmund G. Brown Jr.,Attorney General, and Debra Bowen,Secretaiy ofs tat e

SUPERIOR COURT OF THE STATE OF CALIFORNIACOUNTY OF SACRA MENTO

PAMELA BARNETT, Case No. 34-2010-00077415Plaintiff, REQU EST FOR JUDICIAL NOTICE INSUPPORT O F DEFENDANTS'DEMURRER

DAMON JERRELL DUNN, ET AL.,

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

[Code Civ. Proc. 5 430.10, et seq; Evid.Code 55 452,4531Defendants.

Defendants Debra B owen and Edmund G. Brow n Jr. request th e C ourt take judicial notice

Date: October 25, 2010~ i ~ ~ ::00 a.m.Dept: 54Judge: The Honorable ShelleyanneChangTrial Date: Not Ye t SetAction Filed: M ay 10,2010

of the attached docum ents:

1Request fo r JudicialNotice in Support of Defendants' D em u n er (34-2010-00077415)


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1 1. Exhibit A-The Declaration of Cand idacy for the Republican Party nomination forthe Office of California Secretary of State, filed by D amon D ur n on March 10,201 0. Thisexhibit is offered to demonstrate when Damon D unn declared his candidacy for the Republicannomina tion for Secretary of State.

2. Exhibit B-A March 30 ,20 10 letter from Jerry Holland, Supervisor of Elections inDuval County, F lorida, in response to an inquiry by the California Secretary of S tate's officeregarding Dam on Du nn's Florida voting registration record. This exhibit is offered todemo nstrate wh en Dam on Dunn's Florida voter registration expired.

3. Exhibit C-A Ma y 12, 201 0 letter from California Secretary of State, Election FraudInvestigation Unit to Pam ela Bamett. This exhibit is offered to show that the Secretary of State'soffice investigated D unn's eligibility for candidacy.

3. Exhibit D L T h e June 8,2 01 0 Primary Election Calendar. This exhibit is offered todemo nstrate to the C ourt the calendar of events associated with and leading up to the June 8,2 01 0primary election.

MEMORANDUM OF POINTS AND AUTHORITIESEvidence Code 5 452, subdivision (c), provides that judicial notice m ay be taken of

"[o]fficial acts o f the legislative, executive, and judicial departments . . . of any state of the Unitedstates." Reco rds of a county are properly noticed under Evid. Code 5 452 (official ac ts of thestate), since counties are legal subdivisions of the state. (Cooke v. Superior Court (1989) 213Cal.App.3d 401, 416.) Exhibits A and B are documents prepared by th e county elections officersfor Orange C ounty C alifornia, and Duval County, Florida, respectively./ I // I // / I

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


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"Official acts include records, reports and orders of administrative agencies." (Rodas v.Spiegel(2001) 87 Cal.App.4th 513, 51 8; see Hogen v. Valley Hospital (1983) 147 Cal.App.3d119, 125 Cjudicial notice taken of the records and files of an administrative board].) Judicialnotice also may be taken of any document published, recorded, or filed by any executivedepartment. (See Aguilar 1,. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 842 n.3 ["we may takejudicial notice of the report of a state executive officer as reflecting an 'official act"'] (citationomitted).) Exhibit C and D are documents prepared and maintained by the California Secretaryof State. Exhibit D is available online on the Secretary of State's website (www.sos.ca.gov).Dated: June 1 1,2010 Respectfully Submitted,

EDMUND . BROWNR.Attomey General of CaliforniaSTEPHEN.ACQUISTOSupervising Deputy Attomey General

uANTHONY. O'BRIENDeputy Attorney GeneralAttorneys for Defendants Edmund G.Brown Jr. , Attorney General, and DebraBowen, Secretaiy of State

Request fo r Judicial Notice in Support of Defendants' Demurrer (34-201 0-0007741 5)


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L

DECLARATION OF CANDIDACYNEALKELLEY FILED

REGISTRARO F Y T

' , i , ' . . CONTEST ID: 1042, . . CANDtQATE!D: 1' .. ,. . . ( . . ' . 1I hereby declare myself a Repub lican Pa n to the office d ecretary ofState, to b e voted for at the Statewide Primary Election to be held June 8, 2010 and declare thefotlowing to be true:

'"-I--.I ,y name is: . .....> v, :..\.-J L. mkp , --

I request my name and occupational ballot designation to appear on the ballot as fallows:.-- \ li- r \ ,. . \ I in if preferring noPrinlGfGrne for Use o ~ ? t cBaht designation:,- r,EU:s,,v,c;>


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-- -If nominated I will accept the nominationloffice and notwithdraw.1 declare under penalty of p e r j u n d e r he laws ~f the State of California that the foregoing is true and correct..-- -..\ .

2.


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OFFlCEO F THE SUPERVISOR OF E1,ECTIONS

JERKY I lOLLANDSIIPRBVISOR OFELECTIONS


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DEBRA o r n SECRETARY OF STATESTATE OF CALIFORNIA 1 ELECTIONS1500 llthS?eet, 5thfloo r Sacramento, CAg5814)Tel(916) 657-21661Fax (916) 653-32141www.sos.ca.gov

May 12,2010

Pamela Barnett2541 Warrego WaySacramento. CA 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.You questioned Mr. Dunn's eligibility to run based on the conditions set forth inElections Code 8001(a)(2). This section requires a candidate to not have beenregistered with any party except the one heishe seeks to be nominated from, within thepreceding 12 months. The conflicting party evidence you cited was that Mr. Dunn waspreviously registered as a Democrat in the state of Florida. However, we contacted theoffice of the Duval County Supervisor of Elections and they reported that Mr. Dunnregistered as a Democrat in 1999, but never voted. His Florida registration wassubsequently cancelled in June 2005. Therefore, in March 2009, when Mr. Dunnregistered as a Republican, he was not currently registered with any state and notaffiliated with any party, in compliance with EC 8001(a)(2).You also questioned Mr. Dunn's failure to list his previous Florida registration on hisMarch 2009 California voter registration. While Elections Code 2150 (a)(10) requiresthose registering to vote to disclose any prior registration, there are no criminalsanctions for non-compliance. If you have evidence that this omission was intentional,please forward to our office.Thank you for bringing this matter to our attentionSincerely,

Election Fraud Investigation Unit


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NOTE: *Asterisked dates indicate that the date falls on a Saturday, Sunday, or a holiday: if the date is also a deadlme, m most caseswill move forward to the. next business day. 5

Jan l * to Feb 25,(E-158 to E-103)

Jan 1,2010*(E-158)

2010 1. Sienatures In Lieu of Filing Fees - All Partisan CandidatesDuring this period, a partisan candidate for any office may obtain his orher forms from the county elections official or the Secretaly of State forcirculating petitions to secure signatures in lieu of all or part of the filingfee. Signatures may also be applied to the signature requirements for theoffice on the nomination paper if they meet party registrationrequirements. $5 8061,8106

2. Notice of Offices in the Pr imarv ElectionThe 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 superior courts, for wluch candidates are tobe nominated at the primary election. 5 12103

Jan 1,2010* 3. Approved Ballot Ca rd Vendors(E-158) By this date, the Secretary of State will publish the list of approved[Date fixed by law] manufacturers and finishers of ballots for use in California elections.

Cal. Code Regs., tit. 2, $ 20226Jan 1,2010* 4. Votine System Procedures(E- 158) No later than January 1 of each even-numbered year, the Secretaly of[Date fixed by law] State shall review, and if necessary amend, administrative procedures for

use with each of the voting systems pursuant to Division 19. $15002Jan 5,2010 5 . Last Dav to Register to Oualifv a New Political Party(E-154) The last day any person may register to vote and declare an intention to

affiliate with a particular political party in order to qualify that party toparticipate in the June 8, 201 0, Primary Election candidate nominatingprocess. 5100V~

Jan 5 to Jan 24 ,2 0 1O* 6. Report of Registration - 154-Dav Countv Repor t(E-154 to E-135) During this period, the county elections official shall send to the

Secretary of State a summary of the number of persons registered bypolitical party in their counties by party affiliation by eachpoliticalsubdivision of the county as of January 5, 2010 (E-154).

2 187(a), (c) 'Q (d)(l)Jan 8,2010 7. Pre-Election Residency Confirmation Procedure(E-151) The county elections official shall conduct a pre-election residency[Suggested Date] continnation procedure as provided in Elections Code 5 2220. Thisto procedure shall be completed by the 90" day immediately prior to theMar 10,2010 primary election.(E-90)' All code section references arc to the California Elections C ode un less slated olhsnviss.


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NOTE: *Asterisked dates indicate that the date falls on a Saturday, Sunday, o~ a holiday; if the date is also a deadline, in most cases,will move forward to the next business day. 5The county elections official shall not be required to inail a residencyco nf ma ti on postcard to any voter who has voted at an election heldwithin the last six months preceding the start of the confumationprocedure. S: 2220(b)

Jan11,2010(E-148)

Jan 24,2010'(E- 135)

Jan 24,2010'(E- 135)

Jan24, 2010C(E- 135)

Jan 24,2010'(E- 135)

Jan 28,2010(E-131)

Jan 28; 2010(E-131)

8. Governor's Proclamation -IssuanceBy this date, the Governor shall issue a proclamation calling the primaryelection z..dhz!! stzte the time of the election and the offices to befilled and transmit a copy of the proclamation to the board of supervisorsof each county. The Secretary of State will send an informational copyof the proclamation to each county elections official. S: 12000

9. Decline to State Voter Participation NoticeLast day for a political party to notify the Secretary of State that it hasadopted a rule that authorizes a person who has declined to state a partyaffiliation to vote the ballot of that political party at the June 8,2010,primary election. S: 13 102(c)

10. Report of Registration- 154-Dav Countv Report Summaries DueBy this date, each county elections official shall send to the Secretary ofState a summary statement of the number of persons registered as ofJanuary 5 ,2010 (E-154). 5 2187(a), (c) & (d)(l)

11. Secretam of State Announces Newlv Oualified PartyThe 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). S: 5100(b) & (c)

12. Notice of Countv Central Committee Elections -Green,Libertarian. and Peace and Freedom PartiesLast day for the state chairperson of each party- to notify the Secretary of- ~State whether or not a county central committee election will be held.

$5 5005,777013. Initiative Measure Oualification DeadlineThe last day for an initiative measure to qualify for the primary election

ballot. Cal. Const., art. 11, 8(c); Elec. Code 5 901614. Legislative Measure Qualification Deadline

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. S: 9040


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NOTE: *Asterisked 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. 5Feb 3,2010 15. Notice of Parties Qualified to Participate in Prima ry(E-125) The last day for the Secretary of State to prepare and send to each countyelections official a notice designa ting ihe nam es of the political partiesqualified to participate in the primary election. 5 12103Feb 3,201 0 16. County Central Conlmittee -Am erican Independent Partv(E-125) The last day for the Secretary of State to compu te the number ofinembe rs of the cenu al com mittees to be elected in each coun ty and tomail certificates to that effect to eac h county elections official and to thechairperson of record of each state central co mm ittee. Q: 7671Feb 5,2010 17 . State Measures - Ballot Label and Title and Summ ary Deadline(E-123) The Attorney G eneral is asked to provide, no later than this date, alla ate designated by theSecretary of State]

Feb 8,201 0(E-120)

Feb 9,2010(E-119)[Date designated by theSecretary of State]

official ballot labels and titles an dsu mm arie s for the measu res that havequalified for the primary e lection ballot so that the Sec retary of State hassufficient time to translate the ballot labels a nd titles and summ aries inany app ropriate languages prior to pu blic d isplay.$ 6 9050,9051, 9054, 1324718 . State Measures -N ew s R elease Inviting ArgumentsOn or before this date, the Sec retary of Sta te will issue a general new srelease requesting voters to submit an a rgume nt in each case whereeither the argument for or against any ballot m easure has not beenprepared and filed. $8 9060-906319. State Measures - Ar m me nt Submission DeadlineBy this day, legislators and their appointee(s) must sub mit to the- A ASecretary of State their a rgumen ts for and against each legislativemeasure that qualified by January 28 ,20 10 ( 5 1 3 1). Once subm itted, noargument may be changed or am ended. 5 9043

Whenever the Legislature submits any measu re to the voters of the state,the author of the measure and no more than two persons appointed bythe author may draft an argum ent for its adoption, or the a uthor of themeas ure may appoint no more than thre e persons to draft the argu ment.This argument shall not exceed 500 words in length. If the author of themea sure desires separate arguments to be w ritten in its favor by eachperson ap pointed, separate argume nts may be w ritten, but the com binedlength shall not exceed 500 w ords. 6 9041If a legislative measu re was not adopted unanimo usly, one membe r ofeach house who voted against it shall be a ppointed by the presidingofficers of the respective houses to w rite an argum ent against themeasure. This argument shall not exceed 500 words. If those m embersappointed to write an argum ent against the me asure choose, each may


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NOTE: *Astensked dates indicate that the date falls on a Saturday, Sunday, or a hol~day;f th e date 1s alao a deadline, in most caseswill move forward to the next business day. 5write a separate argument opposing it, but the com bined length of thetwo argum ents shall not exceed 5 00 words. $ 9042Any voter may request the Se cretary of State's p ermission to prepareand file an argument for either side of any s uch measure for which noargument has been prepared. Th e Secretary of State shall grantpermission unless two or mo re voters request permission to submitarguments nn the sam e side of a measure, in_ d i c h event the Secretaryof State shall designate o ne of the voters to w rite the argum ent.$5 9044,9067

Feb 14,2010* 20. Selection an d Exchange of Argumen ts Fo r an d Against Measures(E-114) On or before this day, the Secretary of State w ill select arguments for[Date designated by th e mclusion in the ballot pamp hlet where more than one has been submittedSecretary of State] in favor of or against the sam e measure. Th e Secretary of State willexchange arguments with opposing authors an d request rebuttalarguments. $5 9067,9069Feb 15% o Mar 12 ,20 10 21. Declaration of Candida cy and Nomination P ape rs - Candidate

FilineDuring this period, all partisan candidates must file their declarations ofcandidacy f i r office and circulate their nomination papers and deliverthem to the county e lections official for filing. All candidates must paythe nonrefundable filing fees or present in-lieu signatures at the timethey receive their nomination papers from the cou nty elections official.The num ber of valid in-lieu signatures any candidate obtains may besubtracted from the num ber required for his or her nom ination papers ifthe signatures meet party registration requirements. A candidate shallnot be required to execute a nom ination paper if the num ber of in-lieusignatures that meet' the nom ination requireme nt on the in-lieu petitionsequals or exceeds the minimum num ber required by section 8062. Allnomination documents for United States Senator, Mem ber of the HouseofRe presen tatives, state constitutional officer; and Mem bers of the StateSenate or -4ssembly are to b e left w ith the county elections official forfiling with the Secretary o f State.

$ $ 333,8020,8041, S061 ,8062 ,S100 ,8105 ,8106Feb 15" to Mar 12, 2010 22. Can didate Statements in th e C ounty Official Sam ple Ballot(E-113 to E-88) During this period, United States House of Representatives and stateSenate and Assembly c andidates may purchase space for a 250-wordcandidate statement in the official samp le ballot(s) of the coun ty orcounties in the jurisdiction. Candidates for state Senate and Assemblymay purchase statenlent space only if they have agree d to voluntaryexpenditure limits. Gov. Code $ 85601(c); Elec. Code $ 15307.5


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NOTE: *Ateri sked 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. 6

Feb 23,2010(E- 105)

29. Report of Registration - 154-Dav Statewide Repor t 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 sul~lmary tatements sent by the county elections officialon January 24,2010* (E-135). 2187(b) & (d)(l)See Item #6 at January 5,2010 (E-154) for Report of Registration154-day County Report submissions.

Feb 23 to Mar 15,2010 30. State Voter Information Guide Available for Public Examination(E-105 to E-85) During this period, the state Voter Information Guide for the primary[Date designated by the election will be available for public examination.Secretary of State] Gov. Code $ 88006; Elec. Code $ 9092Feb 25,2010 3 1. Signatures In Lieu of Filing Fees -All Part isan Candidates[E-103) The last day for partisan candidates to turn in their petitions to the

county elections official of the county in which the petition signersreside and are registered to vote. Within ten days after receipt of apetition, the county elections official shall notie the candidate of anydeficiency. The candidate shall then cover the deficiency either bysubmitting a supplemental petition or by paying a prorated portion of thefiling fee not later than March 12, 2010 (E-88). Upon receipt of therequired number of in-lieu signatures, or of a 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 nominationsignatures 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 meet partyregistration requirements. 8061, 8062, 8105, 8106(b)(3) & (b)(4)

32. Signatures In Lieu of Filing Fees -Determine SufficiencyThe last day for the county elections official to determine the sufficiencyof the 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 of any deficiency. Before the close of thenomination 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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NOTE: *Asterisked dates indicate that thewill move fonvard to the next business day

Mar 15,2010 41.(E-85)

Mar 17,2010(E-83)[5:00 p.m.]

Mar 17,2010(E-83)

Mar 18,2010(E-82)[I 1 00 a.m.]

Mar 26,2010(E-74)[5:00 p.m.]

date falls on a Saturday, Sunday, or a holiday; if the da tei s also a deadline, in most ca sesgDeath of Incumbent Candidate or Lone O p ~ o n e n t Nonpartisan,Non-Judicial O ff ~ ce Nomination Period ReopensDeath 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 returnnomination documents by April 1 ,2010. 802Last Dav State Voter Information G uide Ava ilable for PublicExamination a nd Copy Delivered to the State PrinterThe last day for the Secretary of State to deliver copy for preparation ofthe state Voter Information Guides to the Office ofs ta te Publishing.Last day of public display.

Gov. Code 5 88006; Elec. Code $9 9082,9092Last Dav of Nom ination Period E xtensionThe last day for any person, other than an eligible incumbent who didnot qualify for nomination by March 12,2 010 (E-88), to file nominationdocuments for United States Senator, Member of the United StatesHouse of Representatives, state constitutional officer, or Members of theState Senate or Assembly. 5 8022Nom ination Documents Forwa rded to the Secretary of State-DeadlineThe last day for county elections official to forward nominationdocuments and the number of valid nomination signatures that arerequired to be filed with the Secretary of State. 8082Random ized Alphabet Dra mn pThe Secretary of State shall conduct the randomized alphabet drawing at11 00 a.m. and mail the results immediately to county elections officialsso that they may determine the order in which the candidates shallappear on the primary election ballot. 13112(b)(l)(BNomination Period Extension -Death of Only Partisan CandidateBy 5:00 p.m. on this day, any person qualified under 9 8001 can deliverto the county elections official his or her nomination documents for anypartisan office for which only one candidate had filed but who died afterMarch 12, 2010 (E-88), and by March 17, 2010 (E-83). 9 8025


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NOTE: *Asterisked dates indicate that the date falls on a Saturday, Sunday, or a holiday; if the datc is also a deadline,in most caseswill move forward to the next business day. 5

Mar 27,201 O* 46. Notice to Partisan Candidates(E-73) On or before this date, but not fewer than five days before sending thecertified list of candidates to the county electiom officials, the Secretaryof State shall notify each candidate for partisan office of the names,addresses, offices, ballot designations, and party affiliations of all otherpersons who have filed for the same office. $812Apr 1,2010(E-68)

Apr I, 2010(E-68)

Apr 1,2010(E-68)[5:00 p.m.]

Apr 9,2010(E-60)

47. Certified List of Candidates and Rotation ListThe last day for the Secretary of State to prepare and send to eachcounty elections official a certified list of candidates showing the nameof every person eligible to receive votes within the county at the primaryelection, their addresses, the offices for which they seek nomination,and, if the office is partisan, the party each person represents.$5 8120-812By this date, the Secretary of State shall also provide to the countyelections officials a list of candidates for each county arranged accordingto the randomized alphabet drawn on March 18> 010 (E-82). 5 8 14

48. Death of Incumbent Candidate or Lo ne O pponent - Nonpartisan,Non-Judicial OfficeLast day to reopen filing based on death of the incumbent or loneopponent for a nonpartisan, non-judicial office. $$ 8026, 80249. Last Day to File Based on Death of Candidate - Nonpartisan, Non-Judicial OfficeNomination papers circulated following the death of an incumbentcandidate or lone opponcnt for nonpartisan, non-judicial office must bereturned for filing no later than 5:00 p.m. on this date. $5 8026, 802750. Special Absentee Voters' B allot ApplicationsThe first day the county elections official may process applications forspecial absentee voters' ballots. Any apphcations received by the countyelections official prior to this day shall be kept and processed on or afterthis date. If the applicant is not a resident of the county to which he or

she has applied, the elections official receiving the application shallforward it immediately to the proper county. $ 300(b), 3100,31035 1. Registration Files UpdateCounties using data processing equipment to store registered voterinformation set forth in the affidavits of registration shall begin theircomputer updates in order to send a copy of their registered voter loadfiles to the Secretary of State by April 19. 2010. $5 2187(c) & (d)(2)


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NOTE. *Asterisked dates ind~ca tshat the date falls on a Sahlrday, Sunday, or a holiday, if the date is also a deadllne, in most cases,w~l l ove forward to the next business day 1Apr 9t oApr 19,2010 52. Report of Rezistration - 60-Dav Countv Report(E-60 to E-50) During this period, the county elections official shall send to the Secretaryof State a surmrary statement of the number of persons registered bypolitical party in their counties and in each political subdivision thereof asofApril 9,2010. 6 2187(a), (c)& (d)(2)Apr 9 to May 24,2010 53. Federal Election - Unregistered Special Absentee Voter, Application(E-60 to E-15) f9r V~te-%Mail BallotDuring this period, counties may process Federal Post Card Applications(FPCA) from special absentee voters who are registered to vote.$6 3OO(b), 3100,3103,3104,3300-331 1Apr 9 to Jun 1,2010 54. Federal Election - Registered Special Absentee Voter, Apalication(E-60 to E-7) for Vote-bv-Mail BallotDuring this period, counties may begin processing Federal Post CardApplications (FPCA) from special absentee voters who are alreadyregistered to vote. $6 300,3300-331 1Apr 12 to May 25, 2010 55. Statement of Write-In Candidacy and Nomination Papers(E-57 to E-14) During this period, all write-in candidates must file their statements ofwrite-in candidacy and nomination papers with the county electionsofficial. 6 8601Apr 19,2010 56. Voter Registration Files to the Secretary of State(E-50) The last day for county elections officials to send the Secretary of State acopy of their registrant load files of all voters registered prior toApril 9, 2010 (E-60). The copy of the voter registration file shouldreflect the results of the pre-election residency confirmation procedure.$ 5 2187(c)& (d)(2), 2220Apr 19,2010(E-50)

Apr 23,2010(E-46)

57. Report of Registration - 60-Dav Countv Report Summaries DueBy this date, each county elections official shall send to the Secretary ofState a surmnary statement of the number of persons registered as ofApril 9,2010 (E-60). 2187(d)(2)58. Report of Registration - 60-Day Statewide Report PublishedDate 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 onthe summary statements sent by each county elections official by April19,2010 (E-50). 2187(b)& (d)(2)


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NOTE: *Astensked dates indicate that the date falls on a Saturday, Sunday, o r a holiday; ~f he date is also a dedllne. mrnost cases. wlll move forward to the next busmess day. 0Apr 24,2010' 59. State Voter Information Guides Furnished to Counties@-45) By this date, the Secretary of State shall furnish copies of the state VoterInformation Guide to those counties that do not use data processingequipment to malntain their registered voter files. Voter InformationGuides will also be sent to all counties for their supplemental mailings topersons who registered between April 10 and May 10, 2010 (E-59 toE-29). 5 9094Apr 24,2010*(E-45) 60. State Voter Information Guide to State and Local Officials andPublic Institutions

Bv this date. the Secretarv of State shall send a saecified number of2 .~copies of the state Voter lnformation Guide to city and county electionsofficials, members of the Legislature, proponents of statewide ballotmeasures, public libraries, and educational institutions. 5 9096

Apr 29 to May 18,2010 61. State Voter Informntion Guide Mailing(E-40 to E-2 1) Between these dates, the Secretary of State shall mail state VoterInformation Guides to all households in which voters were registered byFriday, April 9,201 0 (E-60'). This mailing is based on the informationprovided by counties' voter registration files provided to the Secretaty ofState by April 19,2010 (E-50). 5 9094(a)In those counties in which such data processing equipment is not used,the county elections official shall inail the state Voter InformationGuides to all voters registered by April 9,2010 (E-60). 6 9094Cb)

Apr 29 to May 29, 2010' 62. Counties Mail Sample Ballots(E-40 to E-10) Between these dates, the county elections official shall mail a pollingplace notice 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.$9 13300-13304The county elections official shall also give sample ballots to thechairperson of the county central committee of each political party, shallmail a copy to each candidate, and shall post a copy of the sample ballotin a conspicuous place in the office. $9 13300, 13302

May 9,2010'(E-3 0) 63. Notice of Earlv TabulationThe last day for the county governing body to notify the county electionsofficial that certain offices or measures to be voted on are of more thanordinary public interest and will require an early tabulation andannouncement. 5 14440


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NOTE: 'Asterisked date s indieate that the date falls on a Saturday. Sun day , or a holiday; ~f he date is also a d eadline. in most cases, will move forward to the next business day. 5 1May 10 toJu n1 ,2 010 64. Vote-bv-Mail Voter Ballot Application(E-29 to E-7) Behveen these dates, any registered voter may apply to the countyelections official for a vote-by-mail ballot. Applications received hefore

May 10,2010 (E-29) shall be kept and processed during this applicationperiod. $ 5 3001,3003

May 18,2010(E-2 1)

May 24,2010(E- 15)

May 24,2010(E-15)

65. State \.otcr Information G uide Mailinc to be ('ompletedThL1 " . .'. .. t>t LJ:, f"r thc Sczrctarj ii f Stntc. or the county c!cc:ions otTi~ ia !fappropriate, to mail state Voter Infoimation Guides to all householdswith voters who registered by April 9,2010 (E-60). 5 9094

66. Close of Registration for the June 8, 2010. Statewide Direct PrimaryThe last day to register to vote in the statewide direct primary election.

Note: 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 of the facts required to be shownunder Chapter 2 of Division 2 of the California Elections Code. Aproperly executed registration shall be deemed effective upon receipt ofthe affidavit by the county elections official if any of the followingapply:(1) The affidavit is postmarked on or before the 15th day prior to theelectionand received by mail by the county elections official.(2) The affidavit is submitted to the Department of MotorVehicles or accepted by any other public agency designated as a voterregistration agency pursuant to the National Voter Registration Act of1993 (42 U.S .C.5 1973gg) on or before the 15th 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.

67. Notice of Ch ange of Address within Cou ntyThe last day before the primary election for any voter to send a notice orletter to the county elections official advising of the change of addresswithin the county. The notification may be submitted to the Departmentof Motor Vehicles ( D m ) or any National Voter Registration Act(NVRA) designated agency prior to the election. The county electionsofficial shall correct the registration records accordingly. The notice isin lieu of reregistering. 5 2119


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NOTE: *Astensked dates indicate that the date falls on a Saturday, Sunday, or a holiday; if the dateis also a deadl~ne,n most cases,will move forward to the next business day. 5

May24toJunl,2010 68. Report of Registration - 15-Day County Report(E-15 to E-7) During this period, county elections officials shall send to the Secretaryof State a summary statement of the number of voters, by party, and ineach political subdivision thereof registered as of May 24,201 0 (E-15).

2187(a), (c) 8~ d)(3&May 5,2010 69. Statement of Write-In Candidacy and Nomination Papers(E-14) Last day for a write-in candidate to leave a statement of write-in

candidacy and nomination papers with the county elections official forfiling with the Secretary of State. 8601

May 28,2010 70. Certified List of Write-In Candidates(E-11) Secretary of State will prepare and send to affected county elections[Date desi,mted 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 the

Primary 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 Rezistration Period(E-14 to E-7) Any person who becomes a citizen after the 15'h day prior to the election

may register to vote beginning 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. $5 331,3500A 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 inCalifornia. $ 5 331,3500,3501The ballots of new citizens shall be received and canvassed at the sametime and under the same procedure as vote-by-mail voter ballots. 5 3502

May 27,2010(E-11)

72. Computer Processing of Vote-by-Mail BallotsCounties 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 NOcircumstance shall a vote count be made before the polls close at 8:00p.m. on June 8, 2010 (E). 5 15101All other county elections officials shall start to process vote-by-maiJvoter ballots at 5:00 p.m. on the day before the election. 5 15101


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NOTE: 'Asterisked dates indicate that the date fal lson a Saturday, Sunday, or a holiday; if the date is also a deadline, in most cases,will move fonvard to the next business day. 5May 29,2010 * 73. Sample Ballots- Countv Mailinp(E- 10) Th e last day for the county e lections official to ma il sam ple ballots tovoters. 6 13300May 29; 2010* 74. Sample Ballots - Countv Mailing(E- 10) The last day for each county elections offic ial to m ail sam ple ballots tovoters. 13300(cMay 29,2010* 75. State Voter Information Guide Supplemental Mailing by Countv(E- 10) Th e last day for county elections officiaIs to mail state VoterInf0111lation Guides to voters who registe red be tween April 1 0,20 10 ,and May 10,2 010 (3-59 to E-29), inclusiv e. 5 9094(c)

Jun 1,2010(E-7)

76 . Report of Registration - 15-Dav Countv Report Summaries DueBy this date, each county elections official shall send to the S ecretary ofState a summary statement of the num ber of persons registered as ofMay 2 4,20 10 (E-15). 21 87(d)(3)77 . Vote-by-Mail Ballot ApplicationTh e last day a voter can apply for a vote-by-mail ballot for the primaryelection. 5 3001

See Items #79 and #80 for exceptions.Jun 1,2010 78. Computer Program 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. 5 15001h 2 t o u n 7 ,20 1 0 79 . Special Absentee Voter - Recalled to Military Service(E-6 to E-1) A registered special absentee voter recalle d to service after.Tune 1.20 10 (E -7), but before 5:00 p.m. on June 7 ,2 01 0 (E-1), mayappear before the co unty elections official and ob tain a vote-by-mailballot which may be voted in, or outside, the county elections off~ cia l'soffice on or before the close of the polls and returned a s are other voted

vote-by-mail ballots. 5 3110Jun2 to Jun8 ,2010 80. Vote-bv-Mail Ballots - Late Conditions(E-6 to E) On or between these dates, any voter ma y apply in writing for a vote-by-mail ballot if he or she will be unable to go to the polls on election day.Th e voter may designate any authorized representative to return thevoted vote-by-mail ballot. 3021Jun 4,20 10(E-4)

81 . Report of Registration- 15-Dav Statewide Report PublishedDa te designated by the Sec retary of State to release a statew ide reportshowing the numbe r of registered voters, by political affiliation, in the


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NOTE *Asterisked dates indicate that the date falls on a Saturday, Sunday, or a holiday; ifth e date is also a deadline. in most caseswill move forward to the next business day. 5

state, each county, and each political subdivision. This statement isbased on the summary statements sent by each county elections officialby June I , 2010 (E-7). 5 2187(d)(3

Jun 8.2010(E)

Jun 8,2010(ElJun 8,2010(E )

82. Special Absentee Voter - Recalled to Militan, ServiceThe last day 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),mayobtain from the county elections official a vote-by-mail ballot which canbe voted in, or outside, the county elections official's office on or beforethe close of the polls and returned as are other voted vote-by-mailballots. 311083. Special Absentee VotersAny registered special absentee voter who has retumed to their county oregistration on or before this day, and to whom a vote-by-mail ballot hasbeen mailed but not voted, may apply to vote in the county electionsofficial's office or in a polling place. $5 300(b), 3108

.An unregistered special absentee voter who was released from serviceafter the close of registration and who has returned to his OP 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. On or before the day of the election, the countyelections official shall deliver to the precinct board a list of specialabsentee voters registered under Elections Code section 3107. 5 3 107A special absentee voter who returns to the county after June 1; 201 0(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. if not registered, and shall deliver a vote-by-mailballot which may be voted in, or outside, the county elections official'soffice on or before the close of the polls on the day of the election andreturned as are other voted vote-by-mail ballots. 5 3109

84. Primary Election DayOn this date, the polls shall be open throughout the state from7:00 a.m. to 8:00 p.m. $ 5 lOOO(c), 14212

85. Vote-bv-Mail Ballots Returned in Order to be CountedVote-by-mail ballots shall be received by 8:00 p.m. on Election Day atany polling place in the county where the voter is registered. or at theoffice of the elections official. $5 3017.3020


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NOTE: *Astn.isked dates indicate that the date falls on a Saturday, Sun day, or a holiday; i ft he dat e is also a deadline, in most cases,will move forward t o the next business day. 5

Jun 10.2010(5+2

Jun 8,2010 86. Semi-Final Official Canvass(El Beginning at 8:00 p.m. and continuously until comvleted, the countyelections official shall conduct the semi-fmal official canvass of votes

and report totals to the Secretary of State at least every two hours.$5 15150,l515187. Official Canvass

The last day foi- he cciu~i@ lections official to begin the official canvassof the precinct returns. This canvass must be completed not later thanJuly 6,2010 (E+28). 5 15301

Jul 16, 2010(E+3 8)

88. Official Canvass - EndNo later than this date, the county elections official must conlplete thecanvass, certify its results, and submit it to the board of supervisors.

$ 15372This is the suggested deadline for the board of supervisors to declare thewinners for each office and the results of each measure under itsjurisdiction. The county elections official shall make and deliver to eachperson elected or nominated under its jurisdiction a certificate ofelection or nomination. $5 15400, 15401

89. Statement of Results to Secre tan, of StateBy this date the county elections official shall send to the Secretary ofState by registered mail one complete copy of the returns for allcandidates for United States Senator, Member of the House ofRepresentatives, state constitutional officer, Members of the StateSenate and Assembly, Justice of the Court of Appeal, Judge of theSuperior Court, and for all statewide ballot measures. 5 15375

90. Statement of th e VoteThe last day for the Secretary of State to prepare, certify and file astatement of the vote fi.om the compiled election returns. $ I5503

Jul 17,2010* 91. Certificates of Nomination(E+39) Secretary of State issues certificates of nomination to candidates[Suggested Date] nominated for United States Senator, Member of the House of

Representatives, state constitutional officer, and Members of the StateSenate and .4sselnbly. 5 8147

Nov 13, 2010* 92. Supplement to the Statement of the Vote(E+l58) Last day for the Secretary of State to compile a supplement to the

statement of the vote showing the number of votes cast in each county,city, .4ssembly district, State Senatorial district, Congressional district,