@ @ ‘SUMMONS - CIVIL STATE OF CONNECTICUT DLV Rew 000 ‘SUPERIOR COURT See page 2 for instructions Ges. gp st246 Str, 5-09, 51-999 52-480, Saag h2e0, 60 Secs 84 town bah mw jud.ct gov *X"famcunt, og ntrest or propery in demand, not including interest ane Or ee aca ee ar soon Tea ncemand otek STATE OF CONNECTICUT, you ate hereby Sei aran eatin o ronan in ceva. notincudrgineret ans __—_—saandedio mate doe ane see costs is $2,500 or more. this Summons and attached Complaint. "if claiming other rei in addition o orn leu of money or damages. ‘TO: Any proper officer, BY AUTHORITY OF THE “ies Sasa Spas w wa HD Ta aD od Bi 3 | TG aT Sa Rta al TG 65 g6 519 31380 (uth wee oe 98 Washington Street, Hartford, CT 06105, (860 ) 548-2700 March g— 2.2010 Ts Oe 7 Rae WS IDR S GFT 53) Taine cot Gee on ae C0 tovsnasenson Canoe ___[ Hartford Majo M__ Minor $0 For the Plaintif(s) please enter the appearance of Nats andaaiss acne iwi pai Tk ropaeoRed anbo Waat s wa TS OAT [ae tarp aa ya Wesley W.Horton, Horton, Shields & Knox, 90 Gillett St, Hartford, CT 06105 38ers "omone nner ot a3 9) Sarat Pil (moon) (260 ) 522-8336 Number of Paine; 4 [Number of Getendants” 3 For J-cv-2 attached for additonal parties Parton [Naw (ast Ft tide ito and Adirss of ach pary amber St P.O. Bor; Town: State ip: County, Wnat USA ame: Susan Byslewice, in her individual capacity Pai Aceres: 125 Clover Street ane Pa sees: First Piainuirt ‘Additional Plain Bs9) ese Wanoy Dinar, in ir oFITT capacly 8 Chal fhe Corneal roe: 30 Wain Steck Han war Rass “Yiu Sonmasien DomocraisFary oa ‘Adatuonat Mtereos: 390 on Suet Harford eY 06108 ome Sal of ConnecicuTOFIce ofa Secretary of he Sate oa Aaatuoeat |eapese: 30 Trinty Svaet i iret Defendant ‘additional [Nae 33] Dotendant | Adéress: Notice to Each Defendant 4. YOU ARE BEING SUED. This paper isa Summons ina lawsuit. The complaint attached to these papers states tne calms that each plainifs making against you ie lw 2, Tobe natfed af fther proceedings, you Court adress ono before the eocond da ‘Rolum Dato uness you receive a separate ate teling you to come fo court 3. Hfyou of your atomey do notte a writen “Appearance” ferm on te, a judgment may be entered against you by defeul The "Appearance form may be ‘biained atthe Cour access above oat nw jude gov under “Court Pores 4: you beleve that you have neurance that may cover the cain thas boing made against youn his lawsuit, you shoud inmedtely contact your ‘naurance representative, Ober acon you may have to fake is describes i he Connecteat Pract Book witch may be fund ina aaperes Cort av your sttamey must lea orm called an “Appearance” with the clerk ofthe above-named Cout atthe above the above Retum Date, The Return Oates ret a heanng date You donot have to come to cour onthe Trany or ontne a uj. gov undee "Cour ues 5 you Mave questions about the Summons and Complaint, you shoul talk 1 an alorney quicy. The Clerk of Court isnot allowed to give advice on legal questions, Spada ERS ama aaa a ned lala fbb — Ciscoe [Westy W. Horton 21840 Tiss Surfer sed oy Cok Far Coun Ute Giy 2: Te sgirghes been cene so the Pla) wi abe denied does oe cuts. Fite 8: tis the respaetiy afte Plt) ose that eric rate ine ae prod byl & The Gio net pemitoata gv any geod conectan war area 41 The Ck sr Summors tb uot oft Plate) we eepontle mary way or ayer or mskion ne Sanne, ry ohegaboscoished ne Conca he cence oe Sommers o Grae TeartlyThave read and | Sied nt Resnic Pai oa understand te above Nae dees op ERIS OREO T Fe TTT Jane Dube, 90 Gilet Strat, Harford, CT 06108 a a See SSNS C1 asssonicen [2/18/10 1 ase 1012)HORTON, SHIELOS & KNOX, PC. AI IGKNEYS AL LAV 90GILLETT STREET HARTFORD, CT (860) 522-8338 JURISNO. 38478 ) @ Elections of the state, with such powers and duties relating to the conduct of elections as are prescribed by law...” Among those statutory powers are the authority and responsibility to place the names of qualified candidates for statewide office on the ballot at each general election. Potential Interested Parties 10. The following potential interested parties have been provided notice by certified mail, return receipt requested, of this action pursuant to Conn, Gen. Stat. §17-56(b): the Attorney General; the Republican Party of Connecticut; Cameron Staples, a declared candidate of the Democratic Party for Attorney General; George Jepsen, a potential, but undeclared candidate of the Democratic Party for Attorney General; and John Pavia, a potential, but undeclared candidate of the Republican Party for Attomey General. A certificate of compliance is appended hereto. Facts As To All Parties 11. On January 13, 2010, the plaintiff declared her candidacy for Attorney General. 12, After the plaintiff dectared her candidacy, a question arose as to the constitutionality and interpretation of § 3-124, and its potential effect on the plaintiff’s candidacy — specifically, whether the requirement that the Attorney General be “an attorney of at least ten years” active practice at the bar of this state” is constitutional; whether active practice requires something more than being a member of the Connecticut Bar with an active status; and whether certain, specific conduct would constitute “active practice” within the meaning of § 3-124. 13, In order to address this uncertainty, in her capacity as Commissioner of Elections and for the benefit of the electors of this state, the plaintiff wrote a letter to the current Attorney General, Richard Blumenthal, requesting his legal opinion on the three specific issues set forth in the previous paragraph, On February 2, 2010, Attorney General Blumenthal issued a formal opinion, No. 2010-001, in which he stated that: a. The requirement that the Attomey General be “an attorney of at least ten years” active practice at the bar of this state” is constitutional. b. The term “active practice” requires more than simply being a member of the Connecticut Bar with an active status.FORNEYS AL LAW HORTON, SHIELDS & KNOX, Pc, 90GILLETT STREET HARTFORD, CT (660) 522-8338 - JURIS NO. 28478 ©. The determination of whether particular conduct “constitutes active practice must be left to judicial determination pursuant to established judicial procedures.” Count One: Declaratory Judgment 1-13. Paragraphs 1-13 are hereby incorporated by reference and made paragraphs 1-13 of Count One as if fully set forth therein 14. The requirement of § 3-124 that the Attorney General be “an attomey of atleast ten years’ active practice at the bar of this state” violates Article Sixth, § 10 of the Connecticut Constitution, which provides: “Every elector who has attained the age of eighteen years shall be eligible to any office in the state, but no person who has not attained the age of eighteen shall be eligible therefor, except in eases provided for in this constitution.” 15, The requirement of § 3-124 that the Attomey General be “an attorney of at least ten. years’ active practice at the bar of this state” violates the guarantees of free speech and political association contained in Article First, §§ 4 & 5 of the Connecticut Constitution. 16. The requirement of § 3-124 that the Attorney General be “an attorney of at least ten years’ active practice at the bar of this state” violates the guarantees of free speech and political association contained in the First Amendment to the United States Constitution. 17, Ifthe requirement of § 3-124 that the Attorney General be “an attorney of at least ten years’ active practice at the bar of this state” is constitutional, the plaintif’s fulfillment of her numerous statutory and administrative responsibilities as Secretary of the State constitutes the active practice of law. 18. Because no court has had occasion to declare whether § 3-124 is constitutional as applied to a member of the Connecticut Bar in good standing, or to construe the meaning of the term “active practice,” and because the formal opinion issued by the Attomey General leaves the meaning of § 3-124 as it applies to the plaintiff in doubt, there is substantial uncertainty and/or a substantial question as to the legal rights and responsibilities of the parties. Specifically, there is substantial uncertainty and/or a substantial question whether § 3-124 is constitutional and, if it is,HORTON, SHIELDS & KNOX, P.C. AI JOKNEYS Ar LAW SOGILLETT STREET HARTFORD, CT (860) 522-8338 -JURIS NO. 38478 @ @ whether the plaintif?’s eleven years of public service as Secretary of the State qualifies as the active practice of law. 19. Assuch, there is substantial uncertainty and/or a substantial question whether the plaintiff ‘would meet one of the currently-existing statutory requirements to serve as Attorney General, if elected. Count Two: Injunctive Relief 1-19, Paragraphs 1-19 are hereby incorporated by reference and made paragraphs 1-19 of Count Two as if fully set forth therein, 20. The uncertainty over the constitutionality and proper construction of § 3-124 harms the plaintiff, the defendants and Connecticut's electors. It creates doubt as to the defendants’ various responsibilities, referenced above, and leaves the delegates to the Democratic Convention in May and the voters of this state uncertain as to the status of a declared candidate for a statewide office. 21. The plaintiff has no adequate remedy at law for that harm.HORTON, SHIELDS & KNOX, P.C. AI IUKNEYS Al LAW. SO GILLETT STREET HARTFORD, CT (860) 522-8338 -JURIS NO. 32478 @ PLAINTIFF, SUSAN BYSIEWICZ By: Wesle¥ 7. Horton Daniel J. Krisch HORTON, SHIELDS & KNOX, P.C. 90 Gillett Street Hartford, CT 06105 (860) 522-8338 Juris No, 38478 Her Attomeys| | | | | HORTON, SHIELDS & KNOX, P.C. AI IOKNEYS Al LAW. 90 GILLETT STREET HARTFORD. CT - (680) §22.8338. URIS NO. 25478 @ SUSAN BYSIEWICZ, SUPERIOR COURT in her individual capacity : J.D, OF HARTFORD vs. NANCY DINARDO, THE CONNECTICUT DEMOCRATIC PARTY, and THE OFFICE OF THE SECRETARY OF THE: STATE, 7 FEBRUARY 18, 2010 VERIFICATION OF COMPLAINT I, SUSAN BYSIEWICZ, having read the foregoing Complaint, do hereby verify that it is true and correct to the best of my knowledge and belief. — Z SUSAN BYS/EWI Jd Subscribed and Swom to before me this 16" day of February, 2010 cr Vac 0 OT ; v Simi er ape Superior Court Public _—_— My Commission Expires:HORTON, SHIELDS & KNOX, P.G, AI LOKNEYS AL LAW ‘90 GILLETT STREET HARTFORD, CT (860) 522-8338 -JURIS NO. 38478 CERTIFICATION OF COMPLIANCE Plaintiffs hereby certify that they have complied with Conn. P.B. Section 17-56(b). Separate notice of this action will be sent by certified mail, return receipt requested, to the following interested parties: Richard Blumenthal ATTORNEY GENERAL 55 Elm Street P.O. Box 120 Hartford, CT 06141-0120 ‘THE REPUBLICAN PARTY OF CONNECTICUT 321 Ellis Street Suite SOL New Britain, CT 06051 Cameron C. Staples, Esq. NEUBERT, PEPE & MONTEITH, P.C. 195 Church Street, 13" Floor New Haven, CT 06510 George C. Jepsen, Esq. ‘COWDERY, ECKER & MURPHY, L.L.C. 280 Trumbull Street, 22™ Floor Hartford, CT 06103 John Pavia, Esq. 120 Beers Road Easton, CT 06612 Wesk Horton