20140194 FILED IN THE OFFICE OF THE CLERK OF SUPREME COURT JUNE 25, 2014 STATE OF NORTH DAKOTA IN THE SUPREME COURT STATE OF NORTH DAKOTA Paul J. Sorum ) Petitioner and Appellant ) SUPREME COURT vs. ) No. 20140194 Jack Dalrymple, Governor of North Dakota ) Drew Wrigley, Lt. Governor of North Dakota ) Ryan Taylor, 2012 Dem. Candidate for Governor of ND ) Ellen Chaffee, 2012 Dem. Candidate for Lt. Gov. of ND ) Al Jaeger, North Dakota Secretary of State ) Respondents and Appellees ) (Ref. Burleigh County CASE NO. 08-2014-CV-0173) APPELLANT'S BRIEF IN SUPPORT OF APPEAL OF DISMISSAL Brief By: Paul J. Sorum, Petitioner/Appellant 3501 Calypso Dr, Bismarck, North Dakota 58504 Phone: 701-219-5601 I Table of Contents Section Paragraph Nature and Facts of Case and Proceedings ............................................... 1 Legal Argument ......................................................................................... 18 Discrimination is Severe and Pervasive ................................................... 51 Relief Requested ......................................................................................... 65 II TABLE OF AUTHORITIES CASE LAW Citation Paragraph Ableman v. Booth, 62 US 506 - Supreme Court 1859 ..................................................... 14 Francis v. Francis, 2014 ND 111 - ND: Supreme Court 2014 ........................................ 28 Gullickson v. Kline, 2004 ND 76, ¶ 16, 678 N.W.2d 138 ................................................ 28 Holcomb v. Iona College, 521 F. 3d 130 - Court of Appeals, 2nd Circuit 2008 ........... 51 James Valley Grain v. David, 2011 ND 160, 802 N.W.2d 158 ...................................... 1(3) Kiner v. Well, 71 N.W.2d 743, 750-51 (N.D. 1955) ..................... 21, 22, 23, 24, 47, 48, 49 North Dakota Attorney General Opinion 2012-L-07................................... 3, 6, 23, 26, 48 Parr v. Woodmen, 791 F. 2d 888 - Court of Appeals, 11th Circuit 1986 .................. 54, 55 Planned Parenthood v. Casey, 505 US 833 - Supreme Court 1992 ............................... 38 Reed v. Reed, 404 US 71 - Supreme Court 1971 ....................................................... 41, 42 Riemers v. Jaeger, 2013 ND 30, 827 N.W.2d 330 . ... 4, 11, 13, 19, 22, 24, 25, 26, 27, 30, 31, 32, 33, 48, 49, 55 Royster Guano Co. v. Virginia, 253 U. S. 412, 415 (1920) ............................................. 41 Shapiro v. Thompson, 394 US 618 - Supreme Court 1969 .............................................. 43 State ex rel. Sathre v. Moody, 65 N.D. 340, 258 N.W. 558, 566 ...................................... 33 Vasquez v. Hillery, 474 US 254 - Supreme Court 1986 ................................................... 39 Williams v. Rhodes, 393 US 23 - Supreme Court 1968 ................................................... 46 III CONSTITUTIONAL PROVISIONS and STATUTES Law Paragraph North Dakota Century Code § 16.1-11-06 (2) ... 1(3), 5, 6, 11, 19, 20, 23, 33, 37, 47, 48, 49, 55 North Dakota Century Code § 12.1-09-01(b)(1) ............................................................. 64 North Dakota Century Code § 12.1-11-01 (3) and (4) .................................................... 49 North Dakota Century Code § 12.1-14-01 (2) ................................................................. 37 North Dakota Constitution Article V, § 3 ................................ 2, 19, 33, 37, 47, 48, 49, 55 North Dakota Constitution Article I, § 24 ......................................................................... 8 North Dakota Constitution Article V, § 7 .......................................................................... 9 North Dakota Constitution Article I, § 22 ....................................................................... 35 North Dakota Rules of Civil Procedures Rule 4(c)(1)(E) ................................................ 57 Title 18 U.S. Code § 242 .................................................................................................. 52 Title 18 U.S. Code § 1512(b) ........................................................................................... 63 Title 42 U.S. Code § 1981 - Equal rights under the law .................................................. 53 Title VII of the Civil Rights Act of 1964 ........................................................................... 55 U.S. Constitution § 1 of the Fourteenth Amendment ....................................................... 36 IV Nature and Facts of Case and Proceedings 1. On January 22, 2014, I, Paul J. Sorum, the above named Petitioner and Appellant, filed a petition in South Central District Court for relief in the form a Writ of Mandamus issued to Respondent Jack Dalrymple, Governor of North Dakota, and Respondent Al Jaeger, North Dakota Secretary of State, as follows (emphasis added): 1. For those reasons which are set forth hereafter, issuance of an order compelling Governor Jack Dalrymple to fulfill his Constitutional mandate to faithfully execute North Dakota election law codified in N.D.C.C. Title § 16.1 with respect to the 2012 June Primary Election, and the 2012 November General Election. 2. For those reasons which are set forth hereafter, declare that Jack Dalrymple and Ryan Taylor and their respective Lt. Governor candidates were not nominated in accordance with applicable North Dakota law and that the State Canvassing Board should not have certified these candidates. 3. Issuance of an order compelling Secretary of State Al Jaeger to fulfill his Constitutional mandate to faithfully execute and enforce North Dakota’s election laws, specifically by removing the Republican and Democratic candidates for Governor, Jack Dalrymple and Ryan Taylor, from the June 12, 2012 ballot and the November 6, 2012 General Election ballot and/or by declaring their nominations and/or election to be null upon the grounds that these gubernatorial 1 candidates did not list and include their respective Lieutenant Governor candidates on the same certificate of endorsement form as is required by N.D.C.C. § 16.1-11-06 (2), which provisions state as follows: “If the petition or certificate of endorsement is for the office of governor or lieutenant governor, the petition or certificate must contain the names and other information required of candidates for both those offices.” (emphasis added) This language is clear and unambiguous, and the intent thereof is obvious and understandable. The use of the words “must” in this statute indicates that the provisions are meant to be mandatory. (See, e.g., James Valley Grain v. David, 2011 ND 160, 802 N.W.2d 158). 4. Issuance of an order compelling Secretary of State Al Jaeger to require the State Canvassing Board to adjust and certify the results of November 2012 General Election for Governor and Lt. Governor of North Dakota after removing the Republican candidates for Governor and Lt. Governor, Jack Dalrymple and Drew Wrigley, and Democratic candidates for Governor and Lt. Governor, Ryan Taylor and Ellen Chaffee, from the November 6, 2012 General Election ballot. (See Pages 1-2 of Docket #1, Petition to the North Dakota District Court, South Central Judicial District, Burleigh County for Writ of Mandamus) 2. In requesting this relief, this Appellant cited state law. The North Dakota State Constitution Article V, § 3 states (emphasis added): 2 Section 3. The governor and the lieutenant governor must be elected on a joint ballot. Each vote cast for a candidate for governor is deemed cast also for the candidate for lieutenant governor running jointly with the candidate for governor... (N.D. Const. art. V, § 3) 3. In July of 2012, the North Dakota Attorney General Wayne Stenehjem issued an official opinion regarding 2012 Libertarian candidate for North Dakota governor, Roland Riemers, stating (emphasis added): Based on the foregoing, it is my opinion that the gubernatorial candidate for the Libertarian Party was not nominated for governor according to state law because the requirement of N.D. Const. art. V, § 3 for a joint ballot for governor and lieutenant governor was not satisfied. (See N.D. Att'y Gen. Op. 2012-L-07) (See Appendix E of Docket #1, Petition to the North Dakota District Court, South Central Judicial District, Burleigh County for Writ of Mandamus). 4. In deciding against an appeal from the Libertarian candidate for governor in 2012, the North Dakota Supreme court wrote (emphasis added), “The Attorney General's interpretation of the mandatory constitutional requirement of N.D. Const. art. V, § 3 is persuasive, and the Secretary of State correctly applied that opinion.” Riemers v. Jaeger, 2013 ND 30, 827 N.W.2d 330. (See Appendix F of Docket #1, Petition to the North Dakota District Court, South Central Judicial District, Burleigh County for Writ of Mandamus) 5. The North Dakota Century Code § 16.1-11-06 (2) states (emphasis added): 3 If the petition or certificate of endorsement is for the office of governor and lieutenant governor, the petition or certificate must contain the names and other information required of candidates for both those offices. If the petition or certificate of endorsement is mailed, it must be in the possession of the secretary of state before four p.m. of the sixty-fourth day before the primary election. N. D. C. C. § 16.1-11-06 (2) 6. This section of North Dakota election law was also referenced in the same Attorney General’s Opinion which the North Dakota Supreme Court found "persuasive" (Att'y Gen. Op. 2012-L-07) (emphasis added): However, a plain reading of N.D.C.C. § 16.1-11-06(2) clearly reveals