Brian T.

Hildreth (SBN 214131)

bhildreth@bmhlaw.com
Katherine C. Jenkins (SBN 324014)
kcjenkins@bmhlaw.com
BELL, McANDREWS & HILTACHK, LLP
455 Capitol Mall, Suite 600
Sacramento, California 95814
Telephone: (916) 442-7757
Facsimile: (916) 442-7759

Attorneys for Petitioner,

MATTHEW DOBLER

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SACRAMENTO

MATTHEW DOBLER, an individual, Case No.

Petitioner,
VERIFIED PETITION FOR WRIT OF
MANDATE
v.
IMMEDIATE ACTION REQUIRED:
SHIRLEY N. WEBER, Ph.D., in her official ELECTION LAW MATTER ENTITLED
capacity as Secretary of State of the State of TO CALENDAR PREFERENCE
California, PURSUANT TO ELECTIONS CODE §
13314 AND CODE OF CIVIL
PROCEDURE § 35
Respondent.
DEADLINE: DECEMBER 28, 2023
WILL ROLLINS, an individual,
Petition Filed:
Real Party In Interest.

Petitioner MATTHEW DOBLER hereby applies for a writ of mandate to challenge the

ballot designations proposed by candidate for United States Representative, 41 st Congressional

District, and Real Party In Interest, WILL ROLLINS. His proposed ballot designations of

“Counterterrorism Attorney” and “Counterterrorism Advisor” are false, inaccurate, and

misleading, and therefore are not valid ballot designations under statutory and regulatory

authorities and well-established judicial precedents. If the requested relief is not granted,

Respondent SHIRLEY N. WEBER, Secretary of State of the State of California, will proceed to

issue a certified list of candidates at 5:00pm on December 28, 2023, ahead of the March 5, 2024

Primary Election, that will include Real Party’s false and misleading ballot designation.

Thereafter, the county elections official for the 41 st Congressional District will then commence

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VERIFIED PETITION FOR WRIT OF MANDATE
the process of printing ballot with the same false and misleading ballot designation.

This petition is made and based upon this Verified Petition for Writ of Mandate, and the

supporting Memorandum of Points and Authorities and declarations.

PARTIES

1. Petitioner MATTHEW DOBLER (“Petitioner”) is and at all times referenced in

this petition was a competent adult, a citizen of the United States, and an elector registered to vote

in California’s 41st Congressional District. The 41st Congressional District consists of portions of,

and sits entirely within, Riverside County. As an elector, Petitioner has standing to bring this

action pursuant to Section 13314(a)(1) of the Elections Code.

2. Respondent SHIRLEY N. WEBER, Ph.D. (“Secretary of State” or “Respondent”)

is the Secretary of State of the State of California. Respondent is named in her official capacity

only and is the State’s chief elections officer required by Elections Code section 13314(a)(4) to be

a Respondent in this action. She is charged with the duty of preparing the certified list of

candidates for the upcoming Primary Election occurring on March 5, 2024. Under Elections Code

section 8120, she will deliver the certified list of candidates to the appropriate county elections

official on December 28, 2023 at 5:00pm. She has a ministerial non-discretionary duty to ensure

that elections are efficiently conducted and that state and local election laws are enforced,

including those relating to the content of the ballot pamphlet, and specifically the ballot
designations proposed by candidates appearing on the ballot. The ballot designation that has been

approved by the Secretary of State for use by Real Party In Interest is the subject matter of this

petition.

3. Real Party In Interest WILL ROLLINS (“Mr. Rollins” or “Real Party”) is a

candidate for the office of United States Representative, 41 st Congressional District and has

qualified to appear on the ballot for that office at the March 5, 2024 Primary Election. In

accordance with Section 13107.3 of the Elections Code, Mr. Rollins submitted a Ballot

Designation Worksheet in the form prescribed by the Secretary of State. (See Exhibit A for the

referenced Ballot Designation Worksheet.) Mr. Rollins’s proposed ballot designations are

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VERIFIED PETITION FOR WRIT OF MANDATE
improper, as they are false, inaccurate, and misleading. Mr. Rollins is named herein as Real Party

In Interest pursuant to Section 13313(b)(3) of the Elections Code and applicable case law. The

ballot designations “Counterterrorism Attorney” and “Counterterrorism Advisor” proposed by

Mr. Rollins in his Ballot Designation Worksheet are the subject matter of this petition.

JURISDICTION

4. Pursuant to Section 13314(a)(1) of the Elections Code, “An elector may seek a

writ of mandate alleging that an error or omission has occurred, or is about to occur, in the

placing of a name on, or in the printing of, a ballot, county voter information guide, state voter

information guide, or other official matter…” An “elector” means a person who is a United States

citizen 18 years of age or older and is a resident of an election precinct on or before the day of an

election. (Elec. Code, § 321(a).) Petitioner is an “elector.”

5. The relief sought in this petition is within the jurisdiction of this Court. Section

13314(a)(3) requires that this action be granted priority over all other civil matters.

6. The Elections Code mandates that the exclusive venue for this action is

Sacramento County because the Secretary of State is named as a respondent. (Elec. Code, §

13314(b).)

FIRST CAUSE OF ACTION

FOR PEREMPTORY WRIT OF MANDATE
(Code Civ. Proc. § 1085; Elec. Code § 13314)

7. Petitioner re-alleges and incorporates by reference paragraphs 1 through 6.

8. The Elections Code and regulations promulgated by the Secretary of State set forth

the rules governing ballot designations. The Secretary of State developed the regulations “to

ensure the accurate designation of the candidate upon the ballot in order that an informed

electorate may intelligently elect one of the candidates.” (Cal. Code Regs., tit. 2, § 20710(a).)

9. Section 13107(a) of the Elections Code provides that a candidate may select only

one of four enumerated types of ballot designations. Permissible ballot designations are limited

to:

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VERIFIED PETITION FOR WRIT OF MANDATE
 (1) words describing an elective office title;

(2) the word “incumbent”;

(3) no more than three words describing a candidate’s current principal

professions, vocations, or occupations, or if none, the principal professions, vocations, or

occupations of the candidate during the previous calendar year; or

(4) the word “appointed” and the title of an office held by virtue of appointment.

(See Elec. Code, § 13107(a)(1)-(4).)

10. The Elections Code further requires any candidate who submits a ballot

designation pursuant to Elections Code section 13107 to file a “ballot designation worksheet that

supports the use of that ballot designation by the candidate….” (Elec. Code, § 13107.3(a).) The

Secretary of State’s ballot designation regulations indicate that the ballot designation worksheet is

used “to facilitate review of a candidate’s proposed ballot designation by the Secretary of State...”

(Cal. Code Regs., tit. 2, § 20711(a).) The ballot designation worksheet itself instructs candidates

to “[d]escribe why you believe you are entitled to use the proposed ballot designation,” and later

advises candidates that they may “[a]ttach any documents or exhibits that you believe support

your proposed ballot designation.”

11. Elections Code section 13107(e)(1) prohibits the use of any ballot designation that

“[w]ould mislead the voter.” In accordance with section 13107, the Secretary of State’s

regulations provide that each proposed ballot designation must be “factually accurate, descriptive

of the candidate’s principal profession, vocation or occupation, must be neither confusing nor

misleading, and must be in full and complete compliance with Elections Code section 13107 and

the regulations in this Chapter.” (Cal. Code Regs., tit. 2, § 20714(c).) These provisions “seek[] to

prevent ‘creative’ misuse of ballot designations by candidates.” (Andrews v. Valdez (1995) 40

Cal.App.4th 492, 494, citing Luke v. Superior Court (1988) 199 Cal.App.3d 1360, 1362.)

12. The Secretary of State’s regulations also establish standards for determining

whether to reject a proposed ballot designation. Central to this determination is whether there is a

substantial likelihood that a reasonably prudent voter would be misled by the proposed ballot

designation. The regulations state that such a determination:

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VERIFIED PETITION FOR WRIT OF MANDATE
 ... shall take into account the plain meaning of the words
constituting the proposed ballot designation and the factual
accuracy of the proposed ballot designation based upon
supporting documents or other evidence submitted by the
candidate in support of the proposed ballot designation, pursuant to
§§ 20711 and 20717 of this Chapter.

(Cal. Code Regs., tit. 2, § 20716(c), emphasis added.)

13. Based on information and belief, Petitioner alleges that Real Party pulled his

candidacy papers on November 14, 2023 to seek election to the office of United States

Representative, 41st Congressional District at the March 5, 2024 Primary Election. Real Party

filed his Candidate Statement and Declaration of Candidacy, as well as a ballot designation

worksheet, on December 5, 2023.

14. Real Party’s ballot designation worksheet indicates that he requested the ballot

designations “Counterterrorism Attorney,” or in the alternative, “Counterterrorism Advisor.”

These designations are proposed pursuant to Section 13107(a)(3) of the Elections Code, allowing

a candidate to use no more than three words to describe his or her current principal professions,

vocations, or occupations, or the same during the calendar year prior to filing nomination

documents. Based on information and belief, Respondent Secretary of State has approved of Real

Party’s proposed ballot designation “Counterterrorism Attorney” and intends to include that

designation on the certified list of candidates.

15. In fact, Real Party is not entitled to use either “Counterterrorism Attorney” or
“Counterterrorism Advisor” as his ballot designation since either use violates the Elections Code

and the Secretary of State’s ballot designation regulations prohibiting the use of misleading ballot

designations.

16. Specifically, Petitioner is informed and believes, and thereon alleges, that Real

Party’s inclusion of either “Counterterrorism Attorney” or “Counterterrorism Advisor” in his

ballot designation violates Elections Code section 13107(e)(1) and Regulation 20714(c) because

they insinuate that Real Party is a government employee, prosecuting or counseling on

counterterrorism and national security issues, a position that Real Party has not held since

September 2021 and an area of law which his private law firm employer, Raines Feldman Littrell
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VERIFIED PETITION FOR WRIT OF MANDATE
LLP, makes no mention of on its webpage.

17. Additionally, Petitioner is informed and believes, and thereon alleges, that Real

Party’s inclusion of either “Counterterrorism Attorney” or “Counterterrorism Advisor” in his

ballot designation violates Elections Code section 13107(a) and Regulation 20714(d). Section

13107(a) provides:

...immediately under the name of each candidate...may

appear at the option of the candidate only one of the following
designations:... (3) No more than three words designating either the
current principal professions, vocations, or occupations of the
candidate, or the principal professions, vocations, or occupations
of the candidate during the calendar year immediately preceding
the filing of nomination documents.

Regulation 20714(d) provides:

If the candidate is engaged in a profession, vocation or

occupation at the time he or she files his or her nomination
documents, the candidate's proposed ballot designation is entitled
to consist of the candidate's current principal professions,
vocations and occupations. In the event the candidate does not
have a current principal profession, vocation or occupation at the
time he or she files his or her nomination documents, the candidate
may use a ballot designation consisting of his or her principal
professions, vocations or occupations, which the candidate was
principally engaged in during the calendar year immediately
preceding the filing of the candidate's nomination papers.

18. Based on information and belief, Petitioner alleges that “Counterterrorism

Attorney” or “Counterterrorism Advisor” are not Real Party’s “current principal profession,

vocation, or occupation” and he is prohibited from offering either of these phrases as his ballot

designation.

19. Based on information and belief, at all times relevant to this action, Real Party’s

current occupation and primary source of income is as Counsel at the private law firm Raines

Feldman Littrell LLP.

20. Real Party’s claim to use either “Counterterrorism Attorney” or “Counterterrorism

Advisor” is based upon his biography on the website for his private law firm employer, his profile

with the State Bar, a screenshot of a video from a Riverside Community College District Special
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VERIFIED PETITION FOR WRIT OF MANDATE
Event, and a press release from when he joined Raines Feldman Littrell LLP in March 2023. (See

Exhibit A.)

21. Based on information and belief, Petitioner alleges that Real Party’s biography on

the website for his private law firm employer was edited on November 16, 2023, two days after

he pulled his candidacy papers, in order to include references to counterterrorism law that did not

previously exist.

22. State law provides that a ballot designation is proper only if it is reflective of a

candidate’s “current principal professions, vocations, or occupations.” (Elec. Code § 13107(a)

(3); emphasis added.)

23. The Secretary of State has defined “principal” as meaning:

….a substantial involvement of time and effort such that the

activity is one of the primary, main or leading professional,
vocational or occupational endeavors of the candidate. The term
“principal” precludes any activity which does not entail a
significant involvement on the part of the candidate. Involvement
which is only nominal, pro forma, or titular in character does not
meet the requirements of the statute.

(Cal. Code Regs., tit. 2, § 20714(b); emphasis added.)

24. Real Party’s ballot designations violate Elections Code section 13107(a)(3)

because both proposed designations will mislead the voters. (Elec. Code §13107(e)(l).)

25. Because “Counterterrorism Attorney” and “Counterterrorism Advisor” are false,

inaccurate, and misleading, Respondent Secretary of State should not have accepted either of Real

Party’s proposed ballot designations.

26. Elections Code section 13314(a)(2) provides that a writ shall issue upon proof that

the Elections Code has been violated and issuance of the writ will not substantially interfere with

the conduct of the election.

27. Real Party’s proposed designations violate Election Code Sections 13107(a)(3)

and unless this Court enjoins Respondent Secretary of State from proceeding with her

certification of either “Counterterrorism Attorney” or “Counterterrorism Advisor” as Real Party’s

ballot designation, Respondent Secretary of State will soon thereafter deliver the certified list of
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VERIFIED PETITION FOR WRIT OF MANDATE
candidates that bears Real Party’s improper, inaccurate, and misleading ballot designation to the

appropriate county elections official for the March 5, 2024 Primary Election.

28. Respondent Secretary of State has a clear, present, and ministerial duty to adhere

to state law and to comply with the Elections Code and the Secretary of State’s regulations

thereunder in approving, certifying, and permitting the printing of ballot designations.

29. Petitioner is informed and believes, and thereon alleges, that as of this date the

certified list of candidates has not yet been finalized and delivered, and sample ballots and ballots

have not yet been printed for the March 5, 2024 Primary Election. Therefore, no prejudice,

interference, delay, or additional cost associated with the printing or distribution of election

materials will result if Respondent is required, prior to the printing deadline, to delete the ballot

designation “Counterterrorism Attorney” or “Counterterrorism Advisor” from any reference to

Real Party in the March 5, 2024 Primary Election materials.

30. If the Court does not grant Petitioner’s requested relief striking “Counterterrorism

Attorney” and “Counterterrorism Advisor” as Real Party’s ballot designation, Petitioner and

voters will be irreparably harmed by the resulting public confusion and misleading information

disseminated by these election materials relating to Real Party’s actual current principal

profession, vocation, or occupation.

31. Petitioner is beneficially interested in the subject matter of this action and has no

other plain, speedy, or adequate remedy at law. Petitioner has no remaining administrative

remedies to exhaust.

PRAYER FOR RELIEF

WHEREFORE, Petitioner prays for relief as follows:

1. For issuance of alternative and peremptory writs of mandate directing Respondent

and her officers, agents, and all persons acting by, through or in concert with her, to strike

“Counterterrorism Attorney” and “Counterterrorism Advisor” as Real Party’s ballot designation

on the Certified List of Candidates and all ballot materials for the March 5, 2024 Primary

Election;

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VERIFIED PETITION FOR WRIT OF MANDATE
 2. That a hearing on this Petition take place as soon as the Court sees to expeditiously

address this matter, so that the issues involved in the Petition may be adjudicated such that

Respondent will have sufficient time to correct and finalize the Certified List of Candidates for

the March 5, 2024 Primary Election, without the inaccurate and misleading designation of

“Counterterrorism Attorney” or “Counterterrorism Advisor” for Real Party in Interest Will

Rollins.

3. For an award of attorney’s fees and costs of suit incurred herein; and

4. For such other and further relief as the Court deems just and proper.

Date: December 14, 2023 Respectfully submitted,

BELL, McANDREWS & HILTACHK, LLP

BY:_________________________________
BRIAN T. HILDRETH
KATHERINE C. JENKINS

Attorneys for Petitioner

MATTHEW DOBLER

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VERIFIED PETITION FOR WRIT OF MANDATE
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VERIFIED PETITION FOR WRIT OF MANDATE
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Notice of Hearing