Obama FL ballot challenge, Florida advisory opinion, Abdul Hassan and Obama not natural born citizens, Litigation or contested election
“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense, to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells
“Why did Obama employ Robert Bauer of Perkins Coie, to request an advisory opinion on FEC matching funds that he was not eligible for?”…Citizen Wells
“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells
This article began as a reminder, a plea, for someone in Florida, after the primary, as we were all led to believe, to contest Obama winning the FL primary due to his lack of eligibility as a non natural born citizen. I vaguely remembered someone getting a response from the FL Secretary of State’s office and an internet search returned little. I found an advisory opinion from the FL Election Department in response to an inquiry from Abdul Hassan, the same person who queried the FEC and got an advisory opinion stating that he was not eligible foe presidential matching funds because he is not a natural born citizen. After a request for assistance on this blog, I was redirected back to the Obama Ballot Challenge where I discovered they had reported the Hassan opinion. So, this article will remain a reminder for someone to challenge Obama in FL and as to how this played out from 2008 to the present.
In November of 2008, after reading the Florida Election Statutes, I contacted the FL Secretary of State’s office for clarification and was told that the only way to remove a candidate was to contest an election after the fact.
From Citizen Wells November 24, 2008.
“The state of Florida has a statute provision for challenging the “certification of election or nomination of any person to office…”.
Florida Election statutes
102.168 Contest of election.–
“(1) Except as provided in s. 102.171, the certification of election or nomination of any person to office, or of the result on any question submitted by
referendum, may be contested in the circuit court by any unsuccessful candidate for such office or nomination thereto or by any elector qualified to vote in
the election related to such candidacy, or by any taxpayer, respectively.
(2) Such contestant shall file a complaint, together with the fees prescribed in chapter 28, with the clerk of the circuit court within 10 days after
midnight of the date the last board responsible for certifying the results officially certifies the results of the election being contested.
(3) The complaint shall set forth the grounds on which the contestant intends to establish his or her right to such office or set aside the result of the
election on a submitted referendum. The grounds for contesting an election under this section are:”
“(b) Ineligibility of the successful candidate for the nomination or office in dispute.”
Citizen Wells verified this statute with the office of the Secretary of State of Florida.”
From Obama Ballot Challenge January 1, 2012.
“Florida SOS’s unsatisfactory answer to Obama Ballot Challenge”
“This (non)response from Florida Assistant General Counsel Gary Holland suggests that since there is no specific procedure to remove an ineligible candidate from the ballot, that it simply cannot be done and that officials cannot even try to figure out a way to do it. So, they would have him wait until the election is over, with the nation waiting with bated breath, while a court action is initiated and litigated. Simply asinine. Florida: what are you paying your overpriced civil servants for?”
This is consistent with what I read and was told in 2008.
Florida has a procedure for advisory opinions.
“Division of Election Advisory Opinions
Who May Request an Opinion?
By law, the Division of Elections may provide advisory opinions only to a supervisor of elections, candidate, local officer having election related duties, political party, political committee, committee of continuous existence or other person or organization engaged in political activity, relating to any provisions or possible violations of Florida election laws.
Legal Effect of an Opinion:
The Division of Elections provides a historical database of advisory opinions for reference purposes only. An advisory opinion represents the Division’s interpretation of the law applicable at the time the opinion is issued, as applied to a particular set of facts or chcircumstances, and is binding solely on the person or organization who requested the opinion. A previously issued advisory opinion may or may not apply to your situation depending upon your particular facts and circumstances and the current state of applicable law. Therefore, before drawing any legal conclusions based upon the information in this database, you or an attorney engaged on your behalf should refer to the current Florida Statutes, rules adopted by the Division of Elections, and applicable case law.”
Abdul Hassan requested an advisory opinion from the FEC in July 2011.
“No, as a naturalized American citizen, Mr. Hassan is not eligible to receive
presidential matching funds under the Presidential Primary Matching Payment Account Act (“Matching Payment Act”).
The United States Constitution provides that “[n]o 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 . . . .” U.S. Const. art. II, sec. 1, cl. 5.”
Mr. Hassan received the following advisory opinion response from Florida.
“Section 103.021, Florida Statutes, as amended by Ch. 2011-40, § 45, Laws of Florida (2011), governs ballot access in Florida for presidential candidates who have no party affiliation and those who_are the nominees of political parties. Assuming you satisfy all requirements of section 103.021, the Secretary of State of Florida performs only a ministerial function as a filing officer for such candidates. The Secretary of State has no authority to look beyond the filing documents to determine i f a candidate is eligible. The Florida Supreme Court long ago stated: “The law does not give the secretary of state any power or authority to inquire into or pass upon the eligibility of a candidate to hold office for the nomination for which he is running.” Davis ex rel. Taylor v. Crawford, 116 So. 41, 42 (Fla. 1928). I f a presidential candidate (or the party in the
case of a political party nominee) files the required papers under Chapter 1 03, Florida Statutes, which papers are complete on their face, the Secretary must grant ballot access to the candidate. However, the Secretary’s ministerial granting of ballot access would not preclude litigation from proper plaintiffs to remove a candidate’s name from the ballot i f the candidate does not satisfy
the qualifications for the office of President of the United States.”
Perhaps the following
“However, the Secretary’s ministerial granting of ballot access would not preclude litigation from proper plaintiffs to remove a candidate’s name from the ballot if the candidate does not satisfy the qualifications for the office of President of the United States.”
is stating the obvious. However, in my estimation, it proclaims that the Secretary of State is not the final arbiter and specifically mentions the eligibility aspect. Of course what is left open to interpretation is “proper plaintiffs.”
The Florida Primary takes place next Tuesday, January 31, 2012. Judge Michael Malihi has indicated he will provide a ruling in the GA Obama ballot hearing by February 5 and Georgia Secretary of State Brian P. Kemp has stated that he will abide by the ruling. A ruling in favor of Obama could result in appeals that, even with expedited handling, could drag on for weeks.
We need to have a strong challenge to contest Obama after the primary. In 2008 I contacted and spoke with Bob Barr’s assistant on several occasions to no avail. Let’s get the ball rolling on this initiative.
For more info on a FL challenge: