Complaint

Main story: SJC Asked to Clarify Duties of Senate Pres. Birmingham on Amendment Process Addendum to Complaint

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss.
SUPREME JUDICIAL COURT
FOR SUFFOLK COUNTY

SARAH McVAY PAWLICK
Plaintiff
v.
THOMAS BIRMINGHAM
Defendant
and

SECRETARY OF THE COMMONWEALTH
Defendant

COMPLAINT FOR DELARATORY RELIEF

Parties

1. Plaintiff Sarah McVay Pawlick is President of Massachusetts Citizens for Marriage, a Massachusetts corporation which was organized for the purpose of passing an amendment, known as the Protection of Marriage Amendment, to the state Constitution under the referendum procedure of Article 48, with offices at 1277 Main Street, Waltham, MA. 02451.

2. Plaintiff is bringing this action as a private citizen who has suffered money damages because of her monetary support of the aforesaid Amendment.

3. Defendant William Galvin is Secretary of the Commonwealth, One Ashburton Place, Boston, Massachusetts 02108

4. Defendant Thomas Birmingham, is President of the Massachusetts Senate, Room 332, State House, Boston, MA 02133 but this action lies against him as a private citizen.

Facts

5. As a result of the failure of Senate President Birmingham to call for a vote on the Protection of Marriage Amendment as mandated by the Constitution, an actual controversy has arisen between Plaintiff and the Senator as to his duties under art. 48 of the state Constitution and she has suffered extensive money damages.

6. As a result of her experience with the article 48 procedure over the past two years and her resultant knowledge of the frustration of many citizens with this referendum procedure, which has become a shambles because of a misreading by lawyers and the public of the Court's opinions, she requests the Court to clarify for the entire state, the duties of the Legislature, including whether the action by a President of the Senate in refusing to call a vote of the legislators sitting in a Constitutional Convention is a "political" decision that is allowable under the law or whether it is an illegal or ultra vires action.

Jurisdiction - Secretary of State

7. The constitutional and statutory duties of the Secretary of State include administering the Massachusetts election laws, including art. 48 referendums.

Jurisdiction - Senator Birmingham

8.. If the action of the Senate President in failing to call for a vote is illegal and he was ultra vires, he was not acting in his capacity as the President of the Senate at the time and would not have the protection of legislative immunity. Therefore, this personal action will lie.

Claim for Relief

9. Plaintiff seeks a clarification from the Court as to the duties of the Senate President in an art. 48 initiative for a Constitutional Amendment.

10. Plaintiff seeks a clarification as to the duties of each legislator when they vote upon whether to pass an Amendment on to the people for their vote at the ballot under an art. 48 initiative for a Constitutional Amendment.

Respectfully submitted, Sarah McVay Pawlick, Plaintiff,

By Her Attorney,

J. Edward Pawlick
BBO No.392160
26 Bullard St.,
Sherborn, MA 01770
508-653-0358

Certificate of Service

I, J. Edward Pawlick, hereby certify that I have this day served a copy of this document, by hand delivery, to Senator Thomas Birmingham, Room 332, State House, Boston, MA 02133 and William Galvin, Secretary of the Commonwealth, One Ashburton Place, Boston, Massachusetts 02108.

__________________________________
J. Edward Pawlick

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