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1 Docket No. E076797 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION TWO JIM BOYDSTON, STEVEN FRAKER, DANIEL HOWLE, JOSEPHINE PIARULLI, JEFF MARSTON, and INDEPENDENT VOTER PROJECT, Plaintiffs and Appellants, v. ALEX PADILLA, as SECRETARY OF STATE; and STATE OF CALIFORNIA Defendants and Respondents. San Bernardino County Superior Court Case No. CIVDS1921480 (Judge Wilfred J. Schneider, Jr. Department S-32) From Judgment after Court Trial APPELLANTS OPENING BRIEF BRIGGS LAW CORPORATION *Cory J. Briggs (SBN 176284) Janna M. Ferraro (SBN 328921) 99 East C Street, Suite 111 Upland, CA 91786 Telephone: (909) 949-7115 [BLC File no.]

2 ] PEACE & SHEA, LLP S. Chad Peace (SBN 290274) 2700 Adams Avenue, Suite 204 San Diego, CA 92116 Telephone: (619) 255-4461 Attorneys for Plaintiffs and Appellants Jim Boydston, Steven Fraker, Daniel Howle, Josephine Piarulli, Jeff Marston, and Independent Voter Project Court of Appeal, Fourth Appellate District, Division TwoKevin J. Lane, Clerk/Executive OfficerElectronically RECEIVED on 1/20/2022 at 5:39:20 PMCourt of Appeal, Fourth Appellate District, Division TwoKevin J. Lane, Clerk/Executive OfficerElectronically FILED on 1/20/2022 by C. Daniels, Deputy ClerkCERTIFICATE OF INTERESTED ENTITIES OR PERSONSCal.

3 Rules of Court, rules , Approved for Optional Use Judicial Council of California APP-008 [Rev. January 1, 2017]Page 1 of 1 Notice: Please read rules and before completing this form. You may use this form for the initialcertificate in an appeal when you file your brief or a prebriefing motion, application, or opposition to such amotion or application in the Court of Appeal, and when you file a petition for an extraordinary writ. You mayalso use this form as a supplemental certificate when you learn of changed or additional information that mustbe disclosed.(2)(5)(1)(4)(3)Full name of interested entity or personNature of interest (Explain):The undersigned certifies that the above-listed persons or entities (corporations, partnerships, firms, or any other association, but not including government entities or their agencies) have either (1) an ownership interest of 10 percent or more in the party if it is an entity; or (2) a financial or other interest in the outcome of the proceeding that the justices should consider in determining whether to disqualify themselves, as defined in rule (e)(2).

4 Form is being submitted on behalf of the following party (name ):There are no interested entities or persons that must be listed in this certificate under rule entities or persons required to be listed under rule are as follows:Continued on attachment :RESPONDENT/REAL PARTY IN INTEREST:SUPERIOR COURT CASE NUMBER:CERTIFICATE OF INTERESTED ENTITIES OR PERSONS(Check one): INITIAL CERTIFICATE SUPPLEMENTAL CERTIFICATEAPP-008TO BE FILED IN THE COURT OF APPEALCOURT OF APPEAL CASE NUMBER:ATTORNEY OR PARTY WITHOUT ATTORNEY:STATE:ZIP CODE:CITY:STREET ADDRESS:FIRM NAME:NAME:TELEPHONE NO.:FAX NO.:E-MAIL ADDRESS:ATTORNEY FOR (name):STATE BAR NUMBER:APPELLATE DISTRICT, DIVISIONCOURT OF APPEALDate:(TYPE OR PRINT NAME)(SIGNATURE OF APPELLANT OR 2 CERTIFICATE OF INTERESTED ENTITIES OR PERSONSCal.)

5 Rules of Court, rules , Approved for Optional Use Judicial Council of California APP-008 [Rev. January 1, 2017]Page 1 of 1 Notice: Please read rules and before completing this form. You may use this form for the initialcertificate in an appeal when you file your brief or a prebriefing motion, application, or opposition to such amotion or application in the Court of Appeal, and when you file a petition for an extraordinary writ. You mayalso use this form as a supplemental certificate when you learn of changed or additional information that mustbe disclosed.(2)(5)(1)(4)(3)Full name of interested entity or personNature of interest (Explain):The undersigned certifies that the above-listed persons or entities (corporations, partnerships, firms, or any other association, but not including government entities or their agencies) have either (1) an ownership interest of 10 percent or more in the party if it is an entity; or (2) a financial or other interest in the outcome of the proceeding that the justices should consider in determining whether to disqualify themselves, as defined in rule (e)(2).

6 Form is being submitted on behalf of the following party (name ):There are no interested entities or persons that must be listed in this certificate under rule entities or persons required to be listed under rule are as follows:Continued on attachment :RESPONDENT/REAL PARTY IN INTEREST:SUPERIOR COURT CASE NUMBER:CERTIFICATE OF INTERESTED ENTITIES OR PERSONS(Check one): INITIAL CERTIFICATE SUPPLEMENTAL CERTIFICATEAPP-008TO BE FILED IN THE COURT OF APPEALCOURT OF APPEAL CASE NUMBER:ATTORNEY OR PARTY WITHOUT ATTORNEY:STATE:ZIP CODE:CITY:STREET ADDRESS:FIRM NAME:NAME:TELEPHONE NO.:FAX NO.:E-MAIL ADDRESS:ATTORNEY FOR (name):STATE BAR NUMBER:APPELLATE DISTRICT, DIVISIONCOURT OF APPEALDate:(TYPE OR PRINT NAME)(SIGNATURE OF APPELLANT OR 3 CERTIFICATE OF INTERESTED ENTITIES OR PERSONSCal.)

7 Rules of Court, rules , Approved for Optional Use Judicial Council of California APP-008 [Rev. January 1, 2017]Page 1 of 1 Notice: Please read rules and before completing this form. You may use this form for the initialcertificate in an appeal when you file your brief or a prebriefing motion, application, or opposition to such amotion or application in the Court of Appeal, and when you file a petition for an extraordinary writ. You mayalso use this form as a supplemental certificate when you learn of changed or additional information that mustbe disclosed.(2)(5)(1)(4)(3)Full name of interested entity or personNature of interest (Explain):The undersigned certifies that the above-listed persons or entities (corporations, partnerships, firms, or any other association, but not including government entities or their agencies) have either (1) an ownership interest of 10 percent or more in the party if it is an entity; or (2) a financial or other interest in the outcome of the proceeding that the justices should consider in determining whether to disqualify themselves, as defined in rule (e)(2).

8 Form is being submitted on behalf of the following party (name ):There are no interested entities or persons that must be listed in this certificate under rule entities or persons required to be listed under rule are as follows:Continued on attachment :RESPONDENT/REAL PARTY IN INTEREST:SUPERIOR COURT CASE NUMBER:CERTIFICATE OF INTERESTED ENTITIES OR PERSONS(Check one): INITIAL CERTIFICATE SUPPLEMENTAL CERTIFICATEAPP-008TO BE FILED IN THE COURT OF APPEALCOURT OF APPEAL CASE NUMBER:ATTORNEY OR PARTY WITHOUT ATTORNEY:STATE:ZIP CODE:CITY:STREET ADDRESS:FIRM NAME:NAME:TELEPHONE NO.:FAX NO.:E-MAIL ADDRESS:ATTORNEY FOR (name):STATE BAR NUMBER:APPELLATE DISTRICT, DIVISIONCOURT OF APPEALDate:(TYPE OR PRINT NAME)(SIGNATURE OF APPELLANT OR 4 CERTIFICATE OF INTERESTED ENTITIES OR PERSONSCal.)

9 Rules of Court, rules , Approved for Optional Use Judicial Council of California APP-008 [Rev. January 1, 2017]Page 1 of 1 Notice: Please read rules and before completing this form. You may use this form for the initialcertificate in an appeal when you file your brief or a prebriefing motion, application, or opposition to such amotion or application in the Court of Appeal, and when you file a petition for an extraordinary writ. You mayalso use this form as a supplemental certificate when you learn of changed or additional information that mustbe disclosed.(2)(5)(1)(4)(3)Full name of interested entity or personNature of interest (Explain):The undersigned certifies that the above-listed persons or entities (corporations, partnerships, firms, or any other association, but not including government entities or their agencies) have either (1) an ownership interest of 10 percent or more in the party if it is an entity; or (2) a financial or other interest in the outcome of the proceeding that the justices should consider in determining whether to disqualify themselves, as defined in rule (e)(2).

10 Form is being submitted on behalf of the following party (name ):There are no interested entities or persons that must be listed in this certificate under rule entities or persons required to be listed under rule are as follows:Continued on attachment :RESPONDENT/REAL PARTY IN INTEREST:SUPERIOR COURT CASE NUMBER:CERTIFICATE OF INTERESTED ENTITIES OR PERSONS(Check one): INITIAL CERTIFICATE SUPPLEMENTAL CERTIFICATEAPP-008TO BE FILED IN THE COURT OF APPEALCOURT OF APPEAL CASE NUMBER:ATTORNEY OR PARTY WITHOUT ATTORNEY:STATE:ZIP CODE:CITY:STREET ADDRESS:FIRM NAME:NAME:TELEPHONE NO.:FAX NO.:E-MAIL ADDRESS:ATTORNEY FOR (name):STATE BAR NUMBER:APPELLATE DISTRICT, DIVISIONCOURT OF APPEALDate:(TYPE OR PRINT NAME)(SIGNATURE OF APPELLANT OR 5 CERTIFICATE OF INTERESTED ENTITIES OR PERSONSCal.)