In the First Judicial District Court of the State of Nevada

Case No. ______

Department No. ______

IN THE FIRST JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

IN AND FOR CARSON CITY

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COME NOW, the above-named plaintiff, TIM FASANO acting and standing Pro Se and for the cause(s) of action against the defendants, and each of them, allege, aver, and claim for relief as follows:

PARTY IDENTIFICATION

Petitioner is a registered voter, taxpayer, and resident of the State of Nevada.

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II.

That Petitioner TIM FASANO is the candidate of the Independent American Party of Nevada for U.S. Senate and hereby challenges the qualifications of DEFENDANT SCOTT ASHJIAN as candidate for U.S. Senator from Nevada, on grounds set forth below.

III.

That DEFENDANT SCOTT ASHJIAN has filed with the Nevada Secretary of State and attempted to place his name on the ballot as the candidate of the Tea Party for United States Senator from Nevada.

GENERAL ALLEGATIONS

IV.

That when DEFENDANT SCOTT ASHJIAN filed for office on March 2, 2010, with the Office of the Nevada Secretary of State, he presented a completed Declaration of Candidacy that was signed on March 1, 2010. He was not a registered voter in the Tea Party on that date, a minor political party without ballot access in the State of Nevada. That DEFENDANT SCOTT ASHJIAN did not register as a voter with the minor political party without ballot access, known as the Tea Party, until March 2, 2010.

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V.

That in his declaration of candidacy, which he filed with the Secretary of State on March 2, 2010, JON SCOTT ASHJIAN falsely and fraudulently declared that he was “registered as a member of the Tea Party,” at the time the document was signed, when in fact he was not then a registered voter in that party. Further, that NRS 293.177, requires that a candidate be registered with the political party that he lists on his declaration of candidacy at the time [emphasis added] that he files for office.

VI.

That DEFENDANT JON SCOTT ASHJIAN is not now nor ever has been associated with the National Grass Roots Political Organization known as THE TEA PARTY, nor with its local affiliate, ANGER IS BREWING. That JON SCOTT ASHJIAN illegally and without the authorization of ANGER IS BREWING nor that of the national TEA PARTY used the name of the TEA PARTY to try to get himself on the ballot in Nevada.

VII.

That Petitioner brings this action pursuant to NRS 293.174, which provides for the challenge of the qualifications of a candidate of a minor political party.

First Claim For Relief

VIII.

Plaintiff re-alleges every one of the foregoing paragraphs as though the same were set forth hereat verbatim, incorporated them herein by this reference.

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IX.

As herein alleged, on or about March 1, 2010 and continuing thereafter until the present date, the named defendant, Jon Scott Ashjian, falsely represented and/or misrepresented statutory required information for the purpose of an unlawful enterprise (to gain ballot access) and, therefore, is liable for any and all damages or orders of this court proximately resulting from the defendant’s above-described acts (of commission or omission) and any willful conduct is imputed to each for purposes of orders of this court.

That an ORDER TO SHOW CAUSE should issue from this Court to the DEFENDANT JON SCOTT ASHJIAN to appear before this Court and show cause why his name should not be removed from the ballot.

XI.

By reason thereof, plaintiff has been injured, sustained losses and suffered damage as herein alleged.

WHEREFORE, plaintiff prays for judgment and/or court order against defendants, and each of them, as hereinafter set forth.

Second Claim For Relief

XII.

Plaintiff re-alleges every one of the foregoing paragraphs as though the same were set forth hereat verbatim, incorporated them herein by this reference.

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XIII.

As herein alleged, on or about March 2, 2010 and continuing thereafter until the present date, the named defendant, ROSS MILLER,THE SECRETARY OF STATE OF THE STATE OF NEVADA, acceptedfalsely represented and/or misrepresented statutory required information, from defendant Jon Scott Ashjian, for the purpose of an unlawful enterprise (to gain ballot access) and, therefore, is liable for any and all damage’s or orders of this court proximately resulting from the defendant, Jon Scott Ashjian, above-described acts (of commission or omission) and any willful conduct is imputed to each for purposes of orders of this court.

XIV.

That ROSS MILLER as SECRETARY OF STATE OF THE STATE OF NEVADA must be ordered to remove the name of JON SCOTT ASHJIAN from the ballot, as he is not a qualified candidate for that office, as set forth above.

XV.

By reason thereof, plaintiff has been injured, sustained losses and suffered damage as herein alleged.

WHEREFORE, plaintiff prays for judgment and/or court order against

defendants, and each of them, as hereinafter set forth.

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Third Claim For Relief

XVI.

Plaintiff re-alleges every one of the foregoing paragraphs as though the same were set forth hereat verbatim, incorporated them herein by this reference.

XVII.

The above-alleged conduct of the defendants, and each of them, was done intentionally and willfully and/or in knowing and/or reckless disregard of the plaintiff’s rights and/or the rights of the citizens of the State of Nevada; and, thus, each defendant is guilty of express or implied malice toward the plaintiff’s and/or the citizens of the State of Nevada.

XVIII.

At all times alleged herein, defendants, and each of them, acted with such intention, willfulness, and/or recklessness and with such disregard that their actions amount to oppression, malice in fact, and conscious disregard of the rights of the plaintiff(s) and/or the citizens of the State of Nevada.

XIX.

By reason thereof, plaintiff(s) have been injured, sustained losses and suffered damage as herein alleged.

WHEREFORE, plaintiff(s) pray for judgment and/or court order against

defendants, and each of them, as hereinafter set forth.

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XX.

Accordingly, the conduct of the defendants, and each of them, should be deemed as a violation of Nevada Revised Statutes regarding public elections and directed to take corrective actions to comply with such statutes and/or, that an example should be made of them, through the order of the court to discourage each defendant and others in like circumstances from similar conduct in the future.

Wherefore, Petitioners pray for a judgment and/or a court order against defendants, and each of them, as herein set forth:

For an order to show cause to issue from this Court directing

DEFENDANT JON SCOTT ASHJIAN to appear before this Court at

a time and date certain to show cause why his name should not be

removed from the ballot as a candidate for United States Senator from

Nevada;

For an order to ROSS MILLER as SECRETARY OF STATE OF THE

STATE OF NEVADA to remove the name of DEFENDANT JON

SCOTT ASHJIAN from the ballot as a candidate for United States

Senator from Nevada;

For such other relief as to this Court should seem appropriate in the

premises;

That the hearing on the Order to Show Cause be set for hearing within

5 days as required by NRS 293.174.

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Respectfully submitted and

DATED this 22nd day of March, 2010.

______

Timothy Fasano

1414 Red Bluffs Way,

Fernley, NV 89408

(775)835-8648

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