NC Election 2008, Barack Obama ineligible, Legal Notice, NC Governor, NC Attorney General, NC Secretary of State, NC Board of Elections, NC Electoral College Electors, Barack Obama must be removed from Ballot, October 30, 2008

Legal Notice

To:

The State of North Carolina

The Governor of North Carolina

The Attorney General of North Carolina

The Secretary of State of North Carolina

The NC Board of Elections

The Electoral College Electors of North Carolina

Whereas: Barack Obama was placed on the ballot in NC in the primary and
General Election.

Whereas: The NC Board of Elections placed Barack Obama on the ballot
solely on the basis of the direction of the DNC, Democratic National
Committee.

Whereas: The NC Board of Elections has not requested proof of eligibilty
for Barack Obama to be president from Barack Obama or the DNC despite
strong evidence that Barack Obama is not eligible.

Whereas: The NC Board of Elections has been aware of the lawsuit and
associated evidence of Philip J Berg for several months.

Whereas: Citizen Wells contacted the NC Board of Elections by email
and telephone conversation on or about 10/06/08 and provided
information that Barack Obama is ineligible.

Whereas: Citizen Wells contacted the office of the Secretary of State
of NC by email and telephone conversation on or about 10/27/08 and provided information that Barack Obama is ineligible.

Whereas: Most, if not all, NC Officers and Election officials have sworn
an oath to uphold the US Constitution.

Whereas: The US Constitution clearly defines the requirements to be
president of the US.

Whereas: The following NC statute provides for replacing a presidential
candidate if “for any reason becomes ineligible or disqualified“.
Chapter 163.

Elections and Election Laws.

§ 163-114.  Filling vacancies among party nominees occurring after nomination and before election. If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:

Position

President 

Vacancy is to be filled by appointment of
national executive committee of
political party in which vacancy occurs”
Whereas: Barack Obama is ineligble to be President of the United States
and the NC State Board of Elections and the NC Secretary of State have
been notified by email and telephone.

Citizen Wells, a citizen of the State of North Carolina, demands that
the NC State Board of Elections obtain proof of eligibility from
Barack Obama or the Democrat Party in the form of a vault copy of
a birth certificate or pledge of allegiance to the US, and in the absence
of proof, remove Barack Obama from the ballot and request that the DNC
provide a replacement candidate per NC Law.

Citizen Wells further requests that the citizens of NC contact the NC
Board of elections and demand that they uphold the US Constitution and
NC Law.

Furthermore, all NC officials and election officials will be held
accountable if a non eligible presidential candidate is allowed to remain
on the ballot. The severity of the consequences will increase if the
ineligible candidate receives votes in the general election and Electoral
College. Many voters have been disenfranchised by Barack Obama being on
the ballot in the primary election. The further disenfranchisement of
voters, and the potential constitutional crisis must be taken seriously.
Citizen Wells              October 30, 2008

Attachments:
Email sent to NC Board of Elections:

Hi.
What I am about to share is serious and not a joke.
I am going to post this on my blog.
You may or may not be aware of the lawsuit filed by Philip J Berg
in federal court on August 21, 2008. Mr. Berg states that Obama
is not qualified to be president. I helped break this story and I am
in contact with Mr. Berg. He is trying to avoid a constitutional
crisis.
 
Here is a subchapter from the NC statues:
 
(Changes effective January 1, 2007)
§ 163-114. Filling vacancies among party nominees occurring
after nomination and before election.
If any person nominated as a candidate of a political
party for one of the offices listed below (either in a primary
or convention or by virtue of having no opposition in a primary)
Current through September 7, 2008
Page 118 of 429
dies, resigns, or for any reason becomes ineligible or
disqualified before the date of the ensuing general election,
the vacancy shall be filled by appointment according to the
following instructions:
Position
President vacancy is to be filled by
Vice President appointment of national
executive committee of
political party in which
vacancy occurs

I am a NC voter.

Citizen Wells
Email sent to NC Secretary of State:

This email is a followup to a phone coversation with the Secretary
of State’s office.

The following article was posted on my blog. My viewership is in
the hundreds of thousands. A response is most welcome.
Citizen Wells
http://citizenwells.wordpress.com/

 

“Our Constitution is in actual operation; everything appears to promise
that it will last; but nothing in this world is certain but death and
taxes.”

Benjamin Franklin

“A strict observance of the written laws is doubtless one of the high
duties of a good (officer), but it is not the highest. The laws of
necessity, of self-preservation, of saving our country when in danger,
are of higher obligation.”

Thomas Jefferson

“The ballot is stronger than the bullet.”

Abraham Lincoln

Up to this point, the political parties and the individual states have been in control of the election process. The state boards of elections, in conjunction  with the major political parties have controlled which candidates will be on the ballots. However, the US Constitution still rules and just beneath that the Federal election laws rule. The states have control over their respective elections and electors, but are still governed by federal law.

Several weeks ago, Citizen Wells contacted the NC State Board of Elections.
After a brief phone call dominated by the Board of Elections staff member,
Citizen Wells was told that they had been aware of the Philip J Berg
lawsuit for several months and that they took their cue from the
Democratic Party regarding Obama’s eligibility. Once again, the US
Constitution rules and we will hold the NC State Board of Elections
accountable.

Once the individual state electors meet on December 15, 2008, the Federal
Government takes control of the process. Lawsuits in courts require
the burden of proof on the part of the plaintiff. This burden is not necessary
for those charged with upholding and defending the Constitution.
Consider the following:

Both John McCain and Barack Obama are US Senators. When they took office they spoke the following pledge:

“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”

UNITED STATES ELECTION LAW

“The following provisions of law governing Presidential Elections are contained in Chapter 1 of Title 3, United States Code (62 Stat. 672, as amended):”

“§ 8.   The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.”

Pennsylvania Law

Ҥ 3192. Meeting of electors; duties.
The electors chosen, as aforesaid, shall assemble at the seat of government of this Commonwealth, at 12 o’clock noon of the day which is, or may be, directed by the Congress of the United States, and shall then and there perform the duties enjoined upon them by the Constitution and laws of the United States.”

NC Law

“At the first meeting held after new appointments are made, the members of the State Board of Elections shall take the following oath:

“I, __________, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State, and that I will well and truly execute the duties of the office of member of the State Board of Elections according to the best of my knowledge and ability, according to law, so help me, God.””
“§ 163-114.  Filling vacancies among party nominees occurring after nomination and before election.

If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:
Position

President

Vacancy is to be filled by appointment of national executive
committee of political party in which vacancy occurs”

This is not a situation where Obama is on trial and the burden of proof is on the prosecutor.

The government of the US has not filed a lawsuit with the burden of proof placed on the plaintiff.

Barack Obama is running for the office of president of the US, This is no different than applying for any other job involving competition.
As in any other situation involving a job application, the burden of
proof regarding qualification to hold office, falls on Obama. The
rules are spelled out in the US Constitution. The preponderance of
evidence reveals that Obama was born in Kenya, became an Indonesian
citizen and is in fact an illegal alien. Those who choose to ignore
these facts and allow Obama to proceed are violating the law and
will be held accountable.

Regardless of how the Philip J Berg lawsuit plays out, the US Constitution
must be upheld. Many people involved in the election process are
charged with upholding the US Constitution and will be held accountable.
This article will be emailed to the Secretary of State in each state
after a phone call to explain that the citizens are watching them. The
individual electors will also be held accountable. The Citizen Wells
blog will also create an accountability page for each state and will
provide feedback on how each state cooperates with the letter and spirit
of the Constitution.

I urge all of you to contact your Secretary of State and Board of Elections
in your state. Let them know you do not want an illegal alien on the
ballot or voted for by state electors. While you are at it, let them
know that voter fraud will not be tolerated. Let us know about the level
of concern and cooperation in your state.

The Philip J Berg lawsuit Timeline can be accessed at the top of this blog.

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20 responses to “NC Election 2008, Barack Obama ineligible, Legal Notice, NC Governor, NC Attorney General, NC Secretary of State, NC Board of Elections, NC Electoral College Electors, Barack Obama must be removed from Ballot, October 30, 2008

  1. I’m in nc too. And they told me the same thing, that the dnc told them who to put and they didn’t have to verify

  2. http://patriotroom.com/?p=3505

    There is a lot of important stuff going on right now in an attempt to halt Obama’s ambitions, but this is one EVERYONE should know. Once elected, it’s irreversible.

  3. Response from NC Board of Elections:

    We have received your e-mail. Our position remains that the North Carolina State Board of Elections will accept the nominations for President from the Democratic, Libertarian and Republican Parties as presented by those parties. The North Carolina State Board of Elections does not have jurisdiction to hear a challenge to the eligibility of these Presidential candidates .

    Citizen Wells’ response:

    Thanks for your response.
    The US Constitution rules.
    Anyone charged with upholding the Constitution, who knowingly
    violates the Constitution, must bear the consequences.
    This is most evident at the state level when a candidate who is ineligible,
    is allowed to remain on the ballot in the face of strong evidence against
    eligibilty and no evidence to support eligibility and if an Electoral College
    Elector votes for an ineligible candidate.
    No one is asking you to rule on the candidates national standing, but to
    support the US Constitution and state law by demanding eligibility
    to remain on the NC ballot.
    NC clearly has jurisdiction over NC ballot issues as well Electors
    fulfilling their oath.
    Citizen Wells

  4. Berg Rally – Today 3:00 Pm – Supreme Court Steps!!!!!!!!!!!!!!!
    Please post this on every Blog you can and e-mail to everyone in your address book and ask them to send it to everyone in their address book!! Ask everyone that can be there to please be there as this is important!!!

    RALLY AT SUPREME COURT FOR PHIL BERG!!
    THURSDAY, OCTOBER 30, 2008 AT 3:00 PM EST

    Everyone that can, grab your signs and please be at the steps of the Supreme Court at 3:00 PM this afternoon! The things to go on the signs will be listed below. We need as large a Crowd as we can get to be waiting at the steps of Supreme Court for Mr. Berg, the person meeting him at the Train Station as well as Will Bower who will be there to accompany him there. Fox News will also be at the Train Station and will follow them all the way to the Supreme Court, filming everything.

    Remember to be loud, but RESPECTFUL as this is about having the Supreme Court hear us and grant us what we are asking for, proof that Obama is eligible to run for the Office of President, our Commander In Chief. Chant Speech, Speech, Speech when you see Mr. Berg. He will either speak before he goes into the Court, unless he needs to go in immediately, if so he will speak when we comes out. He will stop and acknowledge everyone that is there and thank you for your support, if he doesn’t have time for a speech right then!!

    DO NOT yell anything negative about Obama. You can yell that “Obama needs to show he is eligible”, Why the Secrecy Surrounding Obama”, “Obama Release Certified Copies Of Your Records and Papers” and you can chant over and over “Uphold Our Constitution, Defend it, We The People Demand It”.

    SIGNS:

    1. McCain Supporters For The Constitution

    2. Obama Supporters For The Constitution

    3. Uphold And Defend Our Constitution

    4. Americans For The Constitution

  5. My followup email to Governor Mike Easley:

    To: Governor Mike Easley
    From: Citizen Wells

    Dear Governor Easley:

    My blog, CitizenWells, based out of NC, gets hundreds of thousands
    of views worldwide. I have been following this election closely and have
    extensively researched Barack Obama. I also know that you originally
    endorsed Hillary Clinton for good reason. I helped break the Philip J Berg
    lawsuit and have covered the story. Obviously with your legal background,
    you know that lawsuits must be tightly worded and that the burden is on the
    Plaintiff. Philip J Berg will begin his plea with the US Supreme Court today.
    However, Barack Obama is fundamentally applying for the job of US president
    and the US Constitution clearly defines the qualifications.

    The US Constitution rules. The burden of proof lies with Barack Obama and
    the DNC. Federal and state laws specify the duties of election officials and
    Electoral College Electors.

    Many in NC and the nation are outraged. We are poised on the precipice of
    a constitutional crisis and potentially a revolution. I quoted state law in the
    Legal Notice and in my response to the Board of Elections. State Law specifies:

    “Chapter 163.
    Elections and Election Laws.

    § 163-114. Filling vacancies among party nominees occurring after nomination and before election. If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:

    Position

    President

    Vacancy is to be filled by appointment of
    national executive committee of
    political party in which vacancy occurs”

    It states “for any reason becomes ineligible or disqualified “.

    That sentence clearly places responsibility on the State of NC after notification
    of ineligibility.

    I urge you for the sake of the citizens of NC and the US to enforce US and state
    law. I am posting all correspondence. The nation is watching.

    Sincerely,
    Citizen Wells

  6. Just in case it happens, here is my conspiracy theory:

    Obama is found to be ineligible after the election, steps down. Biden steps up to President, Pelosi steps in as VP.

    Just a left field theory, I’m not placing any money on it in Vegas.

  7. I salute your tenacity and efforts to get Obama’s name off the ballot. I have been amazed by the Obama’s unwillingness to provide his original birth certificate, a simple, basic document necessary for ANY federal government job rquiring a security clearance.

    Obama and his campaign are very smart and ruthless and having withstood all challengers will, if elected next Tuesday, simply go before the newly elected Congress in a special session and have Obama declared a “natural born” citizen by legislative fiat.

    Obama, Axelrod, et al, have known all along and planned this. There reasoning will be: the vast majority of the voters elected this man, our Democrat super-majority supports this action, the “natural born” clause is inappropriate in today’s global society, and the risk of social unrest were this election over-turned is unacceptable.

    Like it or not, regret it or not, I believe that will be the outcome. Scary. Be afraid. Be very afraid.

    p.s. What ever happened to Larry Sinclair’s limo driver – or anyone else – publicly corroborating Sinclair’s story?

  8. I leave in NC. I wrote NC Sec. of State Elaine Marshall. below is her reply…

    Not sure if this info helps.

    From: Elaine Marshall
    To: MS
    Sent: Wednesday, October 29, 2008 10:20 PM
    Subject: Re: CONSTITUTION

    Mr. S: This will let you know I have recently been sued over matters similar to those you raise in your email and further than upon instructions of legal council I may not discuss the case with others

    Elaine Marshall

  9. I wish I had a good guess-timate, of the number of voters who are suspicious of Obama’s citizenship.

    I feel it is a HUGE number.

    HOW is the media, in nearly every form, keeping us DOWN???

    This just boggles my mind.

    Someone remember the name of that organization who is “system ready” to contact most all of our politicians with the push of one button? During the AMNESTY “crisis” ???

    One huge mass emailing to all of them all at once.

    We could use their support.

  10. I think Greta was either “teasing” OR, she wanted to get an idea of how many bloggers really question BO’s citizenship (?)…

    Anyway, since 10/24/08, when she posted that she would END THIS RUMOR… from what I can see in 17 pages of comments… she has not remarked on this issue.

    I think we need to send her a request for an update EVERYDAY (which I have been doing).

    http://gretawire.foxnews.com/2008/10/24/ok-the-internet-rumors-about-the-birth-certificate-lets-end-the-rumors-and-the-viral-nature-of-them/#comment-2811141

  11. God Bless You Citizen Wells. We the people from every state need someone to represent us and the elections need to be stopped NOW. Everyone needs to be required to re- register in person with the exception of those out of the country and even those need a check and balance on their I.D. Help us organize and have legal representation to stop this disaster.

  12. Here’s a response I received from the State of Washington.

    Dear #####,

    Thank you very much for writing.

    Below is a response to the Barack Obama citizenship issue written by Assistant Secretary of State Steve Excell:

    Between August 25-38, 2008, The Democratic National Central Committee held their annual convention in Denver and nominated Barack Obama for President.

    US Constitution, Article II, Section 1, says: No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

    (For all state and local offices, the prospective candidate pays a filing fee, must be a registered voter in the jurisdiction for the office they are seeking, and must sign an affidavit to that effect. There is no background investigation, nor are there any other qualifications for public office as there is for Presidential candidates.)

    At anytime over the past 2 years that Mr. Obama has been running, his qualifications could have been challenged within his own party during the Convention, or someone could have challenged them in Federal Court. No one has to date.

    The Courts are very skeptical of any last-minute elections lawsuit filed in the closing weeks of any election because Judges do not like litigants “gaming” the electoral process to win advantages for their candidate or ballot proposition.

    The news media claims to have investigated the qualifications of both Presidential candidates and claim both meet the Constitutional requirements. I have no details as to how they reach that conclusion.

    Our state law says the major parties Presidential nominees will appear on our General Election ballot. And, we are following that law.

    Your question arises perhaps because Mr. Marquis has recently sued us in King County, hoping to force an investigation into Barack Obama’s qualifications. Mr. Obama has no nexus nor ties to Washington State, and we have no jurisdiction to investigate matters which occurred in other states. Nor do we have the power to exclude anyone, who files for office, from appearing on the ballot absent a court order.

    I hope this information is helpful to you.

    Please let me know if you need anything else.

    Sincerely,

    Ingrid Pharris

    Executive Assistant

    Office of the Secretary of State

    PO Box 40220

    Olympia, WA 98504

    360.902.4142

  13. Essentially, the position of the Secretary of State for the state of Washington is:

    “Our state law says the major parties Presidential nominees will appear on our General Election ballot. And, we are following that law……Nor do we have the power to exclude anyone, who files for office, from appearing on the ballot absent a court order.”

    So if a recognized party nominates Usama bin Laden, Vladimir Putin, or Mahmoud Amadinijad, the state will put them on the ballot, no questions asked.

    If this is how government works, we need to reduce the size of our government to almost nothing. They take no responsibility for anything.

  14. I just looked over WA election law.
    It is extremely slack and needs reform.
    Hopefully federal and state law will be changed after this election if we have a nation.

  15. HELLO EVERYONE! URGENT! We all need to contact Philip J Berg, the attorney challenging Obama’s citizenship, and tell him to release the Kenyan Grandmother video. This is the video where Obama’s Kenyan grandmother states she was in the delivery room when Barack was born in KENYA! Encourage him to release it no later than tomorrow as it takes 3 days for the media cycle to get into everyone’s homes! Berg just told Jeff that the translation was just completed as was the authenticity. PLEASE CALL!

    His numbers are posted on his website for all to call. However, for you convenience, here is the info:

    philjberg@obamacrimes.com
    cell: 610-662-3005
    office: 800-993-7445

  16. “Berg just told Jeff that the translation was just completed as was the authenticity. ”

    Please cite the reference for this.

  17. Authenticity is not completed.

  18. Sorry CW,

    That request was not for you.

    I should have specified, “Stephanie”, for nowhere on Jeff’s site did he say that the authentication was complete.

    So, either they were genuinely mistaken, or………,,,,,,,,,,,

    Just trying to help minimize any possible
    disinformation campaign, at a time when so much is at stake.

  19. I just emailed Phillip Berg urging him to release Obama’s grandmother’s tape that states she was present at Obama’s birth in Kenya. Time is running out and all of this last minute revelation stuff seems to have played out for the most part, none of it has come to fruition, none of it has made one iota of a difference.
    I truly believe that if Obama is elected we will lose any semblance of the constitutional United States we once had, took for granite, and through oblivion to the very safeguards provided for us in that document of individual freedom and liberty, lost its safeguards , our freedom, and our country. Godspeed Mr. Berg, Godspeed.

  20. now that obama has won the election the chances of having this fully investigated have perhaps increased >>. dont give up hope>>. with the election over perhaps the courts will feel they are having less of a political impact>>>> the main thing is just dont let this issue go away >. post ur concerns everywhere and all the time >> in chat rooms or blogs or letters to the editor>> im sure the votes of the electors at the electorial college for each state need to be challenged>>> the place of birth and the travel to pakistan are important >. they are not just technicalities>>>so what if there will be riots >> maybe its time to see their true colors >. they have allegiance to their race not allegiance to this country

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