California Court of Appeal

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Keys v. Bowen, C062321

In a petition for writ of mandate filed by what have come to be known as "Birthers," against the Secretary of State, President Obama, Vice President Biden and the Electors, trial court's judgment sustaining defendants' demurrers without leave to amend is affirmed where: 1) plaintiffs have failed to meet their burden of demonstrating that the trial court erred in sustaining the Elector's demurrer on the ground that the petition failed to state a cause of action; and 2) the Secretary of State does not have a duty to investigate and determine whether a presidential candidate meets eligibility requirements of the United States Constitution.

Appellate Information

  • Decided 10/25/2010
  • Published 10/25/2010

Judges

  • SCOTLAND

Court

  • California Court of Appeal

Counsel

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