Today the California Court of Appeal, Third district, decided Keyes v. Bowen. Here is the introduction:

This appeal concerns the sufficiency of a petition for writ of mandate filed by what have come to be known as “Birthers,” people who claim President Barak Obama is not a natural born citizen of the United States of America and, hence, is ineligible to be the President.
Plaintiffs Alan Keyes, Wiley S. Drake, Sr., and Markham Robinson appeal from the judgment of dismissal entered after the trial court sustained, without leave to amend, demurrers of defendants President Obama, Vice President Joseph Biden, the 55 California Presidential Electors of 2008 (the Electors), and Secretary of State Debra Bowen. Plaintiffs contend that the trial court erred because, they contend, there is a “triable issue of material fact” concerning whether the Secretary of State has the affirmative duty to verify that candidates seeking elective office are eligible for office. They also argue the court erred in determining that it lacked jurisdiction to resolve certain issues raised in the petition. In plaintiffs’ view, there is “a triable issue of material fact as to which branch of government, and what office within that branch, has the duty to ensure that all candidates on a California ballot meet the eligibility requirements to hold office.”
Plaintiffs’ contentions lack merit. Among other things, we conclude that the Secretary of State does not have a duty to investigate and determine whether a presidential candidate meets eligibility requirements of the United State Constitution. As we will explain, the presidential nominating process is not subject to each of the 50 states’ election officials independently deciding whether a presidential nominee is qualified, as this could lead to chaotic results. Were the courts of 50 states at liberty to issue injunctions restricting certification of duly-elected presidential electors, the result could be conflicting rulings and delayed transition of power in derogation of statutory and constitutional deadlines. Any investigation of eligibility is best left to each party, which presumably will conduct the appropriate background check or risk that its nominee’s election will be derailed by an objection in Congress, which is authorized to entertain and resolve the validity of objections following the submission of the electoral votes.