RIDGEWAY SUPERIOR COURT
TOASTEDPUERI,
Petitioner,
v.
JOAOISHUMAN, in their official
capacity as Lieutenant Governor of the
State of Ridgeway,
Respondent.
Case No.
EMERGENCY PETITION FOR WRIT
OF MANDAMUS AND INJUNCTIVE
RELIEF
PLAINTIFF, ToastedPueri, hereby files this emergency petition for writ of mandamus and
injunctive relief directed to the Lieutenant Governor of the State of Ridgeway, and for the same
allege as follows:
INTRODUCTION
1. ToastedPueri launched a campaign for a seat on the Senate and after being the only
candidate to obtain 10 signatures in support, was the only candidate on the ballot.
2. On Janury 15th, when the election was certified in his favor, a citizen of the State of
Ridgeway launched a petition in order to invoke Rule 904 of the Standing rules of the
Ridgeway State Senate to “raise a reasonable doubt about the qualifications of a
senator-elect,” and by extension have him removed from his position.
3. The Lieutenant Governor’s decision to grant the petition and prevent the Petitioner from
being seated was clearly erroneous because the petition did not sufficiently raise a
reasonable doubt as to the qualifications of the Senator-elect. In any event, Plaintiff
satisfies all of the legal qualifications for office and the Lieutenant Governor may not, on
his own volition, determine otherwise. On this basis, the Lieutenant Governor is
subverting the will of the people in a free and fair election which stands at dangerous
tension with our Constitutional structure.
PARTIES
4. ToastedPueri is a citizen of the State of Ridgeway.
5. JoaoIsHuman is a citizen in the State of Ridgeway.
JURISDICTION
6. This court has original jurisdiction over all “civil…cases or controversies.” RW St.
Const. Article V, § IV.
7. 1 R. Stat. § 2201 also gives this court the ability to issue “all writs necessary or
appropriate in aid of their respective jurisdiction.”
FACTS
8. Petitioner was electd into office as a Senator on January 15th, 2023.
9. In the campaign leading up to the election, he was the only candidate to make the ballot
because he was the only candidate who was able to collect enough nominations to make
the ballot.
10. Following the certification of the election, Mr. Vincefant created a petition to invoke Rule
904 of the Standing Rules of the Ridgeway State Senate to have the Lieutenant Governor
issue an order that precluded the Senator-elect from taking his lawfully won seat.
11. The petition primarily challenged the legitimacy of the election and how it was
administered by the State Board of Elections (SBE). Specifically, it noted that SBE
prescribed too short a time for the elections and campaign to take place, and for voters to
go to the polls.
12. The petition next challenges the qualifications of the Senator-elect. But not their legal
qualifications. Instead, it alleges that no one knows who he is, that he is unfamiliar with
the procedure of the Senate, and that his employees played a decisive role in the outcome
of this election.
13. On Januarary 16th, 2023, the Lieutenant Governor released an order indicating that he
would not seat the Senator elect in accordance with Rule 904.
14. The Lieutenant Governor, in the order, does not cite any reasonable doubt with regard to
the legal qualifications of the Senator-elect to hold office. Instead, the Lieutenant
Governor suggests that it is “in the best interest of the citizens” based upon a petition.
That is not the legal standard.
CAUSE OF ACTION
(RW Const. Art. V, § 5 — Petition for Writ of Mandamus)
15. Petitioner is legally entitled to a seat in the State Senate because he lawfully won it. The
election that the Petitioner won was “free and voluntary.” RW St. Const. Art. VI, § 1. It is
intrinsic in our Constitutional structure that legal representatives in the Senate serve the
purpose of their electors and that it is the people who are empowered to decide who their
Senators are. Indeed, Article I, § III provides that “all power being originally inherent in
and co[n]sequently derived from the people, therefore, all officers of government,
whether legislative or executive, are their trustees and servants; and at all times, in a legal
way, accountable to them.” As well, in Article I, § XIV it's clear that “ The people…have
a right, in a legal way, to exact a due and constant regard to them, from their legislators
and magistrates, in making and executing such laws as are necessary for the good
government of the State.” The people decide the nature and course of their own
representatives and no one else. That's precisely what happened in this election, and as a
result, the Petitioner is entitled to be seated because he was fairly elected to his seat.
16. The Lieutenant Governor, may, in accordance with Rule 904 of the Ridgeway State
Senate’s standing rules, find that there is a “reasonable doubt” as to the “qualifications of
a senator-elect” and “order that the member not be seated until membership can decide
the membership-elect’s qualifications.” This authority comes from the legislature’s power
to “decide on the election and qualifications of, and to expel any of, its members, make
its own rules, and appoint its own officers.” RW Const. Article III, § VI. The federal
Constitution has a similar provision. See US Const. Article I, § 5. The Supreme Court has
previosuly held that it is correct to apply outsourced case-law when interpreting our
Constitution when our Constitutional provisions mirror that of a different governmental
entity. See Largetitantic2 v. Nevplaysgames, 1 Rid. ____ (2023) (accord State v. Lx1nas,
1 Rid. 46, 51, 52-54 (2022) (Lx1nas III). The federal Supreme Court, in interpreting this
provision, had held that this clause empowered “Congress to judge only the qualifications
expressly set forth in the Constitution.” Powell v. McCormack, 395 U.S. 486 (1969). This
conclusion came from the overwhelming historical evidence that supported the
democratic structure of our country as we understand it, which empowers the People to
decide who is a qualified legal representative in their legislature—not anyone else. Thus,
the Lieutenant Governor may only invoke this power in the event that there is a
reasonable doubt as to the legal qualifications of the candidate. The Petition, however,
makes no such allegations. It instead alleges that the Petitioner is not “well-known,” or
that his employees voted for him. None of these allegations create a reasonable doubt as
to the Senator-elect’s legal qualifications. Indeed, because there isn’t one. The
Senator-elect satisifes each of the legal qualifications for office. The Lieutenant Governor
is thus obligated to rescind his order precluding the Senator-elect from taking his seat.
17. Plaintiff is injured when he is unable to obtain his seat in an election lawfully won. He
does not have the opportunity to earn the income associated with the job, he does not
have the opportunity to fulfill his legally bestowed role. This both institutionally harms
each of his constituents, and individually harms himself because he is unable to take the
seat that he is legally entitled to. This injury will become permanent if not for a grant of
this writ. Rule 904 explicitly precludes the Petitioner from filing any case in court if the
outcome of the debate in the legislature is unfavorable. This mandamus petition is
Petitioner’s only chance to “guarantee a remedy when [the Constitution’s] provisions are
violated.” Largetitantic2 v. Nevplaysgames, 1 Rid. ____ (2023).
18. The Lieutenant Governor has attempted to subvert the will of the people by foreclosing
the results of a legitimately held election to take place—without any legal basis. This
action thwarts the principles and language of our Constitutional structure which
maintains democracy, protects the will of the people, and voids the Lieutenant
Governor’s cogent misuse of power.
RELIEF
WHEREFORE, Plaintiff requests that the court grant relief as follows:
A. A writ of mandamus ordering the Lieutenant Governor to withdraw the order
directing that the Senator-elect may not take his seat.
B. Declaratory judgement that the Senator-elect is unlawfully being excluded from
the Senate and that he means all of the legal qualifications necessary to maintain
it.
Dated: January 16, 2023 Respectfully submitted.
CLIFFORD2
Counsel
10 000
TURNTABLE5000
Counsel
10 000
