1 E D M U N D G. B R O W N JR.

Attorney General of Califomia

2 STEPHEN P. ACQUISTO
Supervising Deputy Attomey General
3 ANTHONY P. O'BRIEN
Deputy Attomey General
4 State Bar No. 232650
13001 Street, Suite 125
5 P.O. Box 944255
Sacramento, CA 94244-2550
6 Telephone: (916) 323-6879
Fax: (916) 324-8835
7 E-mail: Aiithony.OBrien@doj.ca.gov
Attorneys for Defendants Edmund G Brown Jr
8 California Attorney General, and Debra Bowen,
California Secretary of State
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SACRAMENTO
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12

13

14 PAMELA BARNETT, CaseNo. 34-2010-00077415

15 Plaintiff, DEFENDANTS BOWEN AND BROWN'S

I N D E X OF NON-CALIFORNIA
16 v. AUTHORITY WITH ATTACHMENT IN
SUPPORT OF DEMURRER TO
17 PLAINTIFF'S FIRST AMENDED
DAMON JERRELL DUNN, et al. COMPLAINT
18
Defendants. (Cal. Rules ofCourt, §3.1113, subd. (i))
19
Date: October 25, 2010
20 Time: 9:00 a.m.
Dept: 54
21 Judge: The Honorable Shelleyanne
Chang
22 Trial Date: Not Yet Set
Action Filed: May 10, 2010
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Defendants Bowen and Brown's Index of Non-Califomia Authority with

Attachment m Support of Demurrer to Plaintiffs First Amended Complaint (34-2010-00077415)
 1 Pursuant to Califomia Rules ofCourt, section 3.1113, subdivision (i), Defendants Debra

2 Bowen, Califomia Secretary of State, and Edmund G. Brown Jr., Califomia Attomey General,

3 attach the following non-Califomia authority cited in their Memorandum of Points and

4 Authorities in Support of Demurrer to Plaintiffs First Amended complaint:

5 1. Florida Stattites, § 98.065 (2010).

6 Dated: August 13, 2010 Respectfully Submitted,
7 EDMUND G. BROWN JR.
Attomey General ofCalifomia
8 STEPHEN P. ACQUISTO
Supervising Deputy Attomey General
9

10

11
ANTHONY P. O'BRIEN
12 Deputy Attomey General
Attorneys for Defendants Edmund G
13 Brown Jr., California Attorney General,
and Debra Bowen, California Secretary of
14 State
15 SA2010101350
10602331 doc
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17

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26

27

28

Defendants Bowen and Brown's Index of Non-Califomia Authority with

Attachment m Support of Demurrer to Plaintiffs First Amended Complaint (34-2010-00077415)
EXHIBIT 1
ATTACHMENT 1
 Page

1454QW

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

LexisNexis (R) Florida Annotated Statutes

Copyright (c) 2010 by Matthew Bender & Company, Inc. a member ofthe LexisNexis Group
All 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 PROCEDURES

GO TO FLORIDA STATUTES ARCHIVE DIRECTORY

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 elec-
toral process by ensuring the maintenance of accurate and current voter registration records m the statewide voter regis-
tration system The program must be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of
1965, 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 ofthe following procedures in the supervisor's biennial registration
list maintenance program under which.
(a) Change-of-address information supplied by the United States Postal Service through its licensees is used to
identify registered voters whose addresses might have changed,
(b) Change-of-address information is identified from retumed nonforwardable retum-if-undeliverable mail sent
to all registered voters in the county, or
(c) Change-of-address information is identified from retumed nonforwardable retum-if-undeliverable address
confirmation requests mailed to all registered voters who have not voted in the last 2 years and who did not make a
written 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 each
odd-numbered year and must be completed not later than 90 days prior to the date ofany federal election All list main-
tenance actions associated with each voter must be entered, tracked, and maintained in the statewide voter registration
system
(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 Motor
Vehicles, or from other sources which indicates that a registered voter's legal residence might have changed to another
location within the state, the supervisor must change the registration records to reflect the new address and must send
the 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 m
subsection (2), from jury notices signed by the voter and retumed to the courts, or from other sources which indicates
that a registered voter's legal residence might have changed to a location outside the state, the supervisor of elections
shall send an address confirmation final notice to the voter as provided in s 98 0655(3)
 Page 2
Fla Stat § 98 065

(c) The supervisor must designate as inactive all voters who have been sent an address confirmation final notice
and who have not retumed the postage prepaid, preaddressed retum form withm 30 days or for which the final notice
has been retumed as undeliverable Names on the inactive list may not be used to calculate the number of signatures
needed on any petition A voter on the inactive list may be restored to the active list of voters upon the voter updating
his or her registration, requesting an absentee ballot, or appearmg to vote However, ifthe voter does not update his or
her voter registration information, request an absentee ballot, or vote by the second general election after being placed
on the inactive list, the voter's name shall be removedfi-omthe statewide voter registration system and the voter shall be
required 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 statewide
voter registration system later than 90 days prior to the date ofa federal election However, this section does not prec-
lude the removal ofthe name of a voter from the statewide voter registration system at any time upon the voter's wntten
request, 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 list
maintenance activities conducted during the first 6 months and the second 6 months ofthe year, respectively, including
the number of address confirmation requests sent, the number of voters designated as inactive, and the number of voters
removedfi-omthe statewide voter registration system
(b) If, based on the certification provided pursuant to paragraph (a), the department determines that a supervisor
has not conducted the list maintenance activities required by this section, the department shall conduct the appropriate
list maintenance activities for that county Failure to conduct list mamtenance activities as required in this section con-
stitutes a violation of 5 104 051

HISTORY: S 28, ch 94-224, s 6, ch 2002-281, s 19, ch 2005-278, s 6, ch 2008-95, eff Jan 1,2009

NOTES:

AMENDMENTS

The 2008 amendment by s 6, ch 2008-95, effective January 1, 2009, m (4)(a), substituted "which indicates that a
registered voter's legal residence might have changed to another location within the state, the supervisor must change
the registration records to reflect the new address and must sent the voter an address change notice as provided in s
98 0655(2)" for "which information indicates that the legal address of a registered voter might have changed, the super-
visor shall send by forwardable retum-if-undeliverable mail an address confirmation notice to the address at which the
voter was last registered," and deleted "A supervisor may also send an address confirmatton notice to any voter who the
supervisor has reason to believe has movedfi-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 2002-281, provides that "[ejxcept as otherwise expressly provided in this act, this act shall take effect
one 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 specific
purpose of funding this act " Line item 28711 ofthe 2004-2005 General Appropriations Act appropriates $116 million
for distribution to the counties for one disability-compliant machine per polling place For purposes ofthe effect of ch
2002-281, 1 year after adoption ofthis appropriation would be July 1, 2005.

STATUTES REFERENCES

Chapter 98 Registration Office, Officers, and Procedures, F 5 § 9 8 045 Administration of voter registration
Chapter 98 Registration Office, Officers, and Procedures, F S § 98 081 Names removed from the statewide voter
registration system, restrictions on reregistering, recordkeeping, restoration of erroneously or illegally removed names

LexisNexis 50 State Surveys, Legislation & Regulations '

Voter Registration