Tag Archives: State election officials

2012 US Presidential Election, Electoral College, Electors, US Constitution, Federal Election Law, State Election Laws, State officers, State Election Officials, Judges, US Supreme Court Justices, Questions and answers

2012 US Presidential Election, Electoral College, Electors, US Constitution, Federal Election Law, State Election Laws, State officers, State Election Officials, Judges, US Supreme Court Justices, Questions and answers

“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

Reprinted from Citizen Wells December 13, 2008.

Presidential Election

ELECTORAL COLLEGE QUESTIONS AND ANSWERS

Q: What is the Electoral College?:

A: The Electoral College was established by the founding fathers
as a compromise between election of the president by Congress and
election by popular vote. The people of the United States vote for
the electors who then vote for the President. Read more

Q: Frequently asked questions:

A: Read more here

Q: Why did the Founding Fathers create the Electoral College?:

A:  The Founding Father’s intent

Here is a quote by Alexander Hamilton who, like many of the founding
fathers, was “afraid a tyrant could manipulate public opinion and come
to power.” Hamilton wrote in the Federalist Papers:

“It was equally desirable, that the immediate election should be made
by men most capable of analyzing the qualities adapted to the station,
and acting under circumstances favorable to deliberation, and to a
judicious combination of all the reasons and inducements which were
proper to govern their choice. A small number of persons, selected by
their fellow-citizens from the general mass, will be most likely to
possess the information and discernment requisite to such complicated
investigations. It was also peculiarly desirable to afford as little
opportunity as possible to tumult and disorder. This evil was not least
to be dreaded in the election of a magistrate, who was to have so
important an agency in the administration of the government as the
President of the United States. But the precautions which have been so
happily concerted in the system under consideration, promise an
effectual security against this mischief.”

Q: What are the state laws governing Electors?:

A: List of states and restrictions on Electors

Q: What are so called “Faithless Electors”?:

A: “The Supreme Court has held that the Constitution does not require
that electors be completely free to act as they choose and therefore,
political parties may extract pledges from electors to vote for the
parties’ nominees. Some State laws provide that so-called “faithless
electors” may be subject to fines or may be disqualified for casting
an invalid vote and be replaced by a substitute elector. The Supreme
Court has not specifically ruled on the question of whether pledges
and penalties for failure to vote as pledged may be enforced under
the Constitution. No elector has ever been prosecuted for failing to
vote as pledged.” Read more here

The US Supreme Court Obviously has not given Electors the option to
violate the US Constitution. Therefore, obviously, if the presidential
candidate is qualified, party pledges and state laws are permissable.

Q: What must an Elector be aware of when voting for a presidential candidate?:

 A: The following are important considerations when casting a vote. Voting
as instructed by a political party, another person, or a state law in
conflict with the US Constitution or Federal Election Laws is a serious
matter. Those not voting in accordance with higher laws are subject to
prosecution and may be guilty of “High Crimes and Misdemeanors.”
High Crimes and Misdemeanors

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.”

ARE ELECTORS REQUIRED TO VOTE ACCORDING TO POPULAR VOTE?

“There is no Constitutional provision or Federal law that requires
electors to vote according to the results of the popular vote in
their States. Some States, however, require electors to cast their
votes according to the popular vote. These pledges fall into two
categories—electors bound by State law and those bound by pledges
to political parties.”   (From US National Archives)

SO CALLED “FAITHLESS ELECTORS”

“It turns out there is no federal law that requires an elector to
vote according to their pledge (to their respective party). And so,
more than a few electors have cast their votes without following the
popular vote or their party. These electors are called “faithless
electors.”

In response to these faithless electors’ actions, several states
have created laws to enforce an elector’s pledge to his or her party
vote or the popular vote. Some states even go the extra step to
assess a misdemeanor charge and a fine to such actions. For example,
the state of North Carolina charges a fine of $10,000 to faithless
electors.

It’s important to note, that although these states have created these
laws, a large number of scholars believe that such state-level laws
hold no true bearing and would not survive constitutional challenge.”
Read more here

STATE LAW EXAMPLE: PENNSYLVANIA

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
.”

“The mysteries of the Electoral College has enabled Pennsylvania
to play an unusually major role in determining who is President.
In 1796, Thomas Jefferson defeated John Adams in Pennsylvania’s
popular election by only 62 votes, but the Pennsylvania electors
gave Jefferson 14 votes and Adams 1, though Adams did win the
Electoral vote, 71 to 68.” Read more here

ELECTORS HELPED SAVE THE UNION

1860 election: 4 electors in New Jersey, pledged for Stephen Douglas,
voted for Republican candidate Abraham Lincoln.

Q: What happens after the Electoral College vote?:

A: Electoral College procedures

Q: What is the significance of your vote?:

A: The US Constitution clearly gives the states the power
and duties associated with electing a qualified president.
It is also clear that the states have not performed their
duties to ensure that the Electoral College votes will be
for a Qualified candidate. The Electors have a constitutional
duty to perform that supersedes any party contract or state
law. Each day that passes without verification of eligibility
of any candidate being voted for by Electors, brings us closer
to a constitutional crisis. There are pending court cases before
the US Supreme Court and state courts. Congress will meet in
January to count and certify votes and there will certainly be
challenges in Congress. If Congress or the courts shall fail to
do their duty, a Supreme Court Justice will be faced with a
decision to uphold the Constitution. The crisis will increase
in intensity.

Disclaimer: The views expressed in this article are those of the
Citizen Wells blog. Every effort has been made to ensure the
accuracy of the content. Readers are encouraged to visit source
material such as the US Constitution, Federal Election law and
state laws.

2008 US Presidential Election, Electoral College, Electors, US Constitution, Federal Election Law, State Election Laws, State officers, State Election Officials, Judges, US Supreme Court Justices, Democratic Disaster, Questions and answers

“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

Presidential Election

Electoral College Questions and Answers

Q: What is the Electoral College?:

A: The Electoral College was established by the founding fathers
as a compromise between election of the president by Congress and
election by popular vote. The people of the United States vote for
the electors who then vote for the President. Read more

Q: Frequently asked questions:

A: Read more here

Q: Why did the Founding Fathers create the Electoral College?:

A:  The Founding Father’s intent

Here is a quote by Alexander Hamilton who, like many of the founding
fathers, was “afraid a tyrant could manipulate public opinion and come
to power.” Hamilton wrote in the Federalist Papers:

“It was equally desirable, that the immediate election should be made
by men most capable of analyzing the qualities adapted to the station,
and acting under circumstances favorable to deliberation, and to a
judicious combination of all the reasons and inducements which were
proper to govern their choice. A small number of persons, selected by
their fellow-citizens from the general mass, will be most likely to
possess the information and discernment requisite to such complicated
investigations. It was also peculiarly desirable to afford as little
opportunity as possible to tumult and disorder. This evil was not least
to be dreaded in the election of a magistrate, who was to have so
important an agency in the administration of the government as the
President of the United States. But the precautions which have been so
happily concerted in the system under consideration, promise an
effectual security against this mischief.”

Q: What are the state laws governing Electors?:

A: List of states and restrictions on Electors

Q: What are so called “Faithless Electors”?:

A: “The Supreme Court has held that the Constitution does not require
that electors be completely free to act as they choose and therefore,
political parties may extract pledges from electors to vote for the
parties’ nominees. Some State laws provide that so-called “faithless
electors” may be subject to fines or may be disqualified for casting
an invalid vote and be replaced by a substitute elector. The Supreme
Court has not specifically ruled on the question of whether pledges
and penalties for failure to vote as pledged may be enforced under
the Constitution. No elector has ever been prosecuted for failing to
vote as pledged.” Read more here

The US Supreme Court Obviously has not given Electors the option to
violate the US Constitution. Therefore, obviously, if the presidential
candidate is qualified, party pledges and state laws are permissable.

Q: What must an Elector be aware of when voting for a presidential candidate?:

 A: The following are important considerations when casting a vote. Voting
as instructed by a political party, another person, or a state law in
conflict with the US Constitution or Federal Election Laws is a serious
matter. Those not voting in accordance with higher laws are subject to
prosecution and may be guilty of “High Crimes and Misdemeanors.”
High Crimes and Misdemeanors

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.”

Are Electors required to vote according to Popular Vote?

“There is no Constitutional provision or Federal law that requires
electors to vote according to the results of the popular vote in
their States. Some States, however, require electors to cast their
votes according to the popular vote. These pledges fall into two
categories—electors bound by State law and those bound by pledges
to political parties.”   (From US National Archives)

So called “Faithless Electors”

“It turns out there is no federal law that requires an elector to
vote according to their pledge (to their respective party). And so,
more than a few electors have cast their votes without following the
popular vote or their party. These electors are called “faithless
electors.”

In response to these faithless electors’ actions, several states
have created laws to enforce an elector’s pledge to his or her party
vote or the popular vote. Some states even go the extra step to
assess a misdemeanor charge and a fine to such actions. For example,
the state of North Carolina charges a fine of $10,000 to faithless
electors.

It’s important to note, that although these states have created these
laws, a large number of scholars believe that such state-level laws
hold no true bearing and would not survive constitutional challenge.”
Read more here

State Law Example: Pennsylvania

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
.”

“The mysteries of the Electoral College has enabled Pennsylvania
to play an unusually major role in determining who is President.
In 1796, Thomas Jefferson defeated John Adams in Pennsylvania’s
popular election by only 62 votes, but the Pennsylvania electors
gave Jefferson 14 votes and Adams 1, though Adams did win the
Electoral vote, 71 to 68.” Read more here

Electors helped save the Union

1860 election: 4 electors in New Jersey, pledged for Stephen Douglas,
voted for Republican candidate Abraham Lincoln.

Q: What happens after the Electoral College vote?:

A: Electoral College procedures

Q: What is the significance of your vote?:

A: The US Constitution clearly gives the states the power
and duties associated with electing a qualified president.
It is also clear that the states have not performed their
duties to ensure that the Electoral College votes will be
for a Qualified candidate. The Electors have a constitutional
duty to perform that supersedes any party contract or state
law. Each day that passes without verification of eligibility
of any candidate being voted for by Electors, brings us closer
to a constitutional crisis. There are pending court cases before
the US Supreme Court and state courts. Congress will meet in
January to count and certify votes and there will certainly be
challenges in Congress. If Congress or the courts shall fail to
do their duty, a Supreme Court Justice will be faced with a
decision to uphold the Constitution. The crisis will increase
in intensity.

If anyone has any further questions they can be asked on this
blog or go to:

http://www.democratic-disaster.com/


Disclaimer: The views expressed in this article are those of the
Citizen Wells blog. Every effort has been made to ensure the
accuracy of the content. Readers are encouraged to visit source
material such as the US Constitution, Federal Election law and
state laws.

Obama eligibility, State Electoral College Laws unconstitutional, State Election Laws, US Constitution and Federal Election Laws govern, State officers, State election officials, Election Boards, Electoral College Electors, Judges, Political parties, High Crimes and Misdemeanors, Uphold Constitution

I have begun an article that has evolved out of my efforts to understand all of the election laws as
they apply to the 2008 election and Barack Obama’s eligibility. It is clear to me and others that
many State officers, Election officials and judges are not performing their duties under the US
Constitution, Federal Election Law and state laws. It appears that many are guilty of High Crimes and
Misdemeanors
.

What is also self evident to me is that the states and political parrties that require Electoral College
Electors to vote for a certain candidate are violating the letter and spirit of the US Constitution and the
intent of the Founding Fathers.

I intend to finish this article soon. A personal obligation prevents me from finishing today. However,
I would like for those reading this to begin reading more about this topic. Begin thinking about initiating
two broad types of actions:

  • Lawsuits to declare unconstitutional state laws that mandate the way Electors must vote.
  • Petitions or other remedy catalysts to hold state officers, election officials and Electors
    accountable. This can be in the form of recall or impeachment petitions or whatever is most appropriate
    in your state.

Millions are outraged. We must channel our energies into productive efforts.

Interesting reading on powers and duties

Obama not eligible, US Constitution, Tenth Amendment, Bill of Rights, US Supreme Court, Federal Judges, State Judges, State Election Officials, Electoral College Electors, Philip J Berg lawsuit, Leo C Donofrio lawsuit, Citizen Wells facts and arguments

To:

Justice Souter
Justice Thomas
US Supreme Court
Federal Judges
State judges
State election officials
Electoral College Electors      
US Citizens

The US Constitution must be upheld

US citizens have the right, the power and the duty to require proof of
eligibilty of presidential candidates

What I am about to write is so inherently simple and self evident,
that it may appear on the surface to be implausible. However, the
following facts and arguments flow from the founding fathers’ wisdom
and desire to protect the American citizens from tyrrany. I have read
the US Constitution, Federal election law and numerous state election
laws. I have had dialogue with offices of a number of Secretaries of State
and Election Boards. The US Constitution gives the states power over
the general election. The states control which candidates are placed
on ballots and regardless of the methodology used for doing so, I
believe the states have the power and obligation to verify eligibility
of presidential candidates. I find no federal or state law prohibiting
states from doing so and instead a constitutional duty to ensure that
a qualified candidate becomes a ballot choice for the Electoral College
Electors. Failure to do so effectively may lead to voter disenfranchisement.
I have believed and stated for weeks that the Tenth Amendment to the US Constitution gives US citizens the power to demand that a presidential
candidate prove eligbility and certainly standing in a lawsuit. A lawsuit
should not be necessary. We already have the power, directly from the
US Constitution Bill of Rights.
Argument:

  • The US Constitution clearly defines the eligibiity requirement for president.
  • The US Constitution rules.
  • The US Constitution gives states the power to choose electors. With this power comes the obligation to uphold the Constitution and protect voter rights.
  • State laws vary but are consistent in their approach to placing
    presidential candidates on the ballot.
  • Presidential Balloting evolved from tradition.
  • The two party system evolved from tradition.
  • States place presidential candidates on ballots from instructions of
    the major political parties.
  • States should have enacted laws to require proof of eligibility.
  • States are not exercising their duty to the Constitution.
  • States have the power and obligation to ensure that only eligible candidates remain on ballots. Despite compelling evidence that Barack Obama is not eligible, and notification, the states left him on the ballot.
  • States claim no power to remove a candidate when in fact they do have power over the general election process.
  • The Tenth Amendment to the Constitution gives the people power, including Phil J Berg, Leo C. Donofrio and others that have had their lawsuits dismissed in state courts.

By virtue of the powers given to the people in the Tenth Amendment in The BIll of Rights of the US Constitution, we do not have to file lawsuits to demand proof of eligibility or require state election officials to do so.

A US citizen filing a lawsuit demanding that a presidential candidate provide proof of eligibility has standing.

Facts and References

US Constitution

Bill of Rights

The Preamble to The Bill of Rights

Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution;

viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The US Constitution defines presidential eligibility

US Constitution

Article. II.

Section. 1.

“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.”

The US Constitution gives powers to the states for the general election.
US Constitution

Article. II.

Section. 1.

“The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”

Federal 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.”

State Electoral College example: 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.”

Philip J Berg lawsuit
Judge Surrick ruling exerpts:

“If, through the political process, Congress determines that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency, then it is free to pass laws conferring standing on individuals like Plaintiff. Until that time, voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring in the Amended Complaint.”

“…regardless of questions of causation, the grievance remains too generalized to establish the existence of an injury in fact. To reiterate: a candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters. By extension, the theoretical constitutional harm experienced by voters does not change as the candidacy of an allegedly ineligible candidate progresses from the primaries to the general election.”

Philip J Berg response to ruling:

“an American citizen is asking questions of a presidential candidate’s eligibility to even hold that office in the first place, and the candidate is ducking and dodging questions through legal procedure.”
“This is a question of who has standing to stand up for our Constitution,”  “If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to ask whether or not the likely next president of the United States–the most powerful man in the entire world–is eligible to be in that office in the first place, then who does?”

Mark J. Fitzgibbons is President of Corporate and Legal Affairs at American Target Advertising:

“October 29, 2008
Who Enforces the Constitution’s Natural Born Citizen Clause?”

“So if the Framers established that courts “shall” hear cases arising under the Constitution, and failed to authorize Congress to otherwise establish who may sue to enforce the document, then where might we find conclusively that Berg has standing to sue?

The 10th Amendment to the Constitution states that the powers not delegated to the federal government, nor prohibited to the states, remain with the states or the people.  Therefore it seems that any state or any person has standing to sue to enforce not just the Natural Born Citizen Clause, but other constitutional requirements and rights, absent some expressly written bar within the Constitution itself.”

“Chief Justice John Marshall, writing in Marbury v. Madison, said that judges have a duty to decide cases under our paramount law, the Constitution. I have lamented previously about how some judges tend to evade their duty to decide constitutional matters by resorting to court-made doctrines.  Judge Surrick’s reliance on case law to dismiss Berg’s suit for lack of standing is reasoned from a lawyer’s perspective, but not heroic and perhaps evasive of his larger duty. 
His decision to “punt” the matter to Congress creates, I suggest, a dangerous, longer and perhaps more painful constitutional quagmire than had he heard the evidence in the case.  Even had the case lacked merit, the Constitution would not have been harmed.”

Read more here:

http://www.americanthinker.com/2008/10/who_enforces_the_constitutions.html

Ellis Washington, currently a professor of law and political science at Savannah State University, former editor at the Michigan Law Review and law clerk at The Rutherford Institute, is a graduate of John Marshall Law School and a lecturer and freelance writer on constitutional law, legal history, political philosophy and critical race theory. He has written over a dozen law review articles and several books, including “The Inseparability of Law and Morality: The Constitution, Natural Law and the Rule of Law” (2002). See his law review article “Reply to Judge Richard Posner.” Washington’s latest book is “The Nuremberg Trials: Last Tragedy of the Holocaust.”

Mr. Washington wrote the following response to the Philip J Berg lawsuit and Judge Surrick ruling in a World Net Daily article dated November 8, 2008 :

“Unfortunately, just 10 days before the election, a court of appeals judge threw out Berg’s lawsuit challenging the veracity of Obama’s U.S. citizenship status on technical grounds. Judge R. Barclay Surrick, a Jimmy Carter-appointed judge, amazingly (and with a tinge of irony), stated his opinion in part:

In a 34-page memorandum that accompanied the court order, the Hon. R. Barclay Surrick concludes that ordinary citizens can’t sue to ensure that a presidential candidate actually meets the constitutional requirements of the office.
Surrick defers to Congress, saying that the legislature could determine “that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency,” but that it would take new laws to grant individual citizens that ability.

“Until that time,” Surrick says, “voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring.”

Judge Surrick, quoting from Hollander, concludes, “The alleged harm to voters stemming from a presidential candidate’s failure to satisfy the eligibility requirements of the Natural Born Citizen Clause is not concrete or particularized enough to constitute an injury.”

Surrick also quotes Lujan v. Defenders of Wildlife, which stated, in part, “The Supreme Court has consistently held that a plaintiff raising only a generally available grievance about government – claiming only harm to his and every citizen’s interest in proper application of the Constitution and laws, and seeking relief that no more directly and tangibly benefits him than it does the public at large – does not state an Article III case or controversy.”

Constitutionally speaking, Judge Surrick’s reasoning is completely illogical and a total dereliction of his duty as a judge to substantively address this most vital constitutional controversy. Instead, in a gutless manner, Surrick dismissed Berg’s complaint 10 days before the elections on a technicality of standing, which to any rational person begs the question: If Philip J. Berg as an American citizen, a respected Democratic operative and former attorney general of Pennsylvania doesn’t have the “standing” to bring this type of lawsuit against Obama, then who in America does have standing? The good judge in all 34 pages of legal mumbo jumbo didn’t bother to answer this pivotal question.

That Berg’s complaint is not “concrete or particularized enough to constitute an injury” is an amazing admission by any person that went to law school and even more so given the fact that Surrick is a respected appellate judge!

I am somewhat hopeful that Berg will successfully appeal Surrick’s outrageous decision to 3rd Circuit Court of Appeals and then to the United States Supreme Court if necessary, even if technically he doesn’t have standing to hold Obama accountable to the Constitution. Why? Because this is America, and out of 300 million people, someone should give a damn enough about this republic to make sure the person who holds the highest elected office in the land holds it legitimately based on the black letter text of Article II, Section 1 of the U.S. Constitution.”

Read the complete article here:

http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=80435

Leo C. Donofrio has a New Jersey lawsuit before the US Supreme Court

“On October 27, 2008, plaintiff-appellant, Leo Donofrio, a retired attorney acting Pro Se, sued Nina Mitchell Wells, Secretary of State of the State of New Jersey, in the Superior Court of New Jersey, Appellate Division, demanding the Secretary execute her statutory and Constitutional duties to police the security of ballots in New Jersey from fraudulent candidates ineligible to hold the office of President of the United States due to their not being “natural born citizens” as enumerated in Article 1, Section 2, of the US Constitution.”

“The cause of action first accrued on September 22, 2008, when Secretary Wells certified to county clerks, for ballot preparation, a written “statement”, prepared under her seal of office, that was required by statute to contain names of only those candidates who were “by law entitled” to be listed on ballots in New Jersey.  The statement is demanded by N.J.S.A. 19:13-22.

The law suit raises a novel contention that the statutory code undergoes legal fusion with the Secretary’s oath of office to uphold the US Constitution thereby creating a minimum standard of review based upon the “natural born citizen” requirement of Article 2, Section 1, and that the Supremacy clause of the Constitution would demand those requirements be resolved prior to the election.

The key fact, not challenged below, surrounds two conversations between the plaintiff-appellant and a key Secretary of State Election Division official wherein the official admitted, twice, that the defendant-Secretary just assumed the candidates were eligible taking no further action to actually verify that they were, in fact, eligible to the office of President.  These conversations took place on October 22nd and 23rd.” 

“Now, post-election, plaintiff is seeking review by the United States Supreme Court to finally determine the “natural born citizen” issue. Plaintiff alleged the Secretary has a legal duty to make certain the candidates pass the “natural born citizen” test.  The pre-election suit requested that New Jersey ballots be stayed as they were defective requiring replacements to feature only the names of candidates who were truly eligible to the office of President.”

Read more here:

http://www.blogtext.org/naturalborncitizen/

Summary

The states have power and control over the general elections. With this
power comes a duty to uphold the Constitution. The states, rather than
enact laws to uphold the constitution and protect the voting rights
of their citizens, have acted more on tradition. This traditional
approach has worked up until the 2008 election. We now have a candidate,
Barack Obama, who has refused to provide legal proof of eligibility in
the face of compelling evidence he is not qualified. When presented
with this evidence, the states had an obligation to require proof from
Obama.

The states had an obligation to enact legislation and did not. The states
have not exercised their inherent power and duty to require proof of
and eligibility. Therefore, by virtue of the powers reserved for the
people of the US in the Tenth Amendment to the US Constitution, US citizens have the power and obligation to demand proof of eligibility from Obama.

Citizen Wells is asking that US citizens contact state election officials
and Electoral College Electors and demand that they request proof of
eligibility from Obama. If they do not do so, initiate lawsuits and
make sure that your rights are protected and that the Constitution is
upheld. 

Citizen Wells is also issuing a caution to the US Supreme Court, Supreme
Court Justices, Federal Judges, State Judges, State Election Officials
and Electoral College Officials. You all have an overriding obligation
to uphold and defend the US Constitution. You are all accountable and
the American public is watching.

Obama not eligible, Obama Indonesian, US Constitution, Lawsuits, Philip J Berg, State lawsuits, Electoral College Electors, State election officials, Uphold Constitution

US Constitution


Tenth Amendment


“The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively,
or to the people.”


Election laws vary from state to state.
The states control the election process up to the vote by the Electoral
college. States accept the nominee of the major political party and claim
that they have no jurisdiction to qualify or exclude.
However, Citizen Wells’ position is that the US Constitution clearly
defines eligibilty for the presidency and the Constitution rules.


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.”


US Constitution, Federal Election Laws, State Election Laws


Legal Notice. NC law cited on ineligible or disqualified


Article on eligibility


Article on Electoral College


Caution to state election officials, Electors


Warning sent to Secretary of State, election officials of all states


There is compelling evidence that Obama is ineligible to be president and
no proof that he is. There is an obligation and duty to uphold the
Constitution. The states indicate they are powerless to remove someone
from the ballot. I have read no law that prohibits a state from removing
someone from the ballot and some states have provisions for removing
unqualified candidates.


Therefore, the Tenth Amendment to the US Constitution gives power to the people to challenge candidates for removal. Many have sworn an oath to uphold the Constitution. This includes, but is not limited to, Electoral College Electors.


In addition to Philip J Berg’s lawsuit in federal court that is now before
the Supreme Court, there are numerous state lawsuits and now lawsuits
initiated by Electoral College Electors. Consider the following:


“FOR IMMEDIATE RELEASE:   Vice presidential Candidate filing lawsuit against Obama


Contact: Steve Marquis
Telephone Number: 425-698-7084
Email Address: peoplesvoice@peoplespassions.org
Web site address: http://peoplespassions.org


 Wiley S. Drake, Sr.  wileydrake@hotmail.com


 


Vice presidential Candidate Wiley S. Drake Sr. to file in court asking to
de-certify Barack Obama because he has refused to release proof of being a Natural Born Citizen, thereby disqualifying Obama in his bid for the Office of President.


The recent Lawsuit in Washington State demanding their Secretary of State to vet the citizenship credentials of Barack Obama has spawned a slew of similar suits with new lawsuits filed and/or prepared in WA, FL, NC, CO, CA, OH, FL, CT, GA, TX, MI.  Related lawsuits HI, US District.


As part of this effort, this group of citizens from states across the union made an outreach to the whole presidential slate asking each candidate for president and vice president to offer up a certified copy of their birth certificates and any related candidate declarations to be placed in a library made available to the public via a non-partisan web site. 


At least one VP candidate Wiley S. Drake Sr. went the next step and agreed to file a lawsuit of his own to demand the disqualification of Barack Obama unless he can prove status as a ”Natural Born Citizen” as the constitution and federal statues demand and define.


In another unrelated action, though also aimed at forcing Obama to release proof or step down, 24 potential Electoral College electors are filing action Monday morning in court also demanding proof. A call is herein being issued to any elector in any state, especially democrat electors who would like to join that effort.  Electors interested in adding their name to this lawsuit can contact Mr. Marquis who will put you in contact with the attorney handling that case.


Contact: Steve Marquis
Telephone Number: 425-698-7084
Email Address: peoplesvoice@peoplespassions.org


Wiley S. Drake, Sr.  wileydrake@hotmail.com


Read more here:


http://peoplespassions.org/Press_Release_08_10_31.htm


Citizen Wells has contacted Peoples Passions and will keep you informed on the progress of the legal actions.


Help Philip J Berg uphold the Constitution:


http://obamacrimes.com


 


 



 

Obama born in Kenya, Obama Indonesian, Obama illegal alien, State election officials, Board of elections, Electors, US Constitution, Federal Election Laws, State Election Laws, Will Electoral College Electors vote for illegal alien?

Barack Obama was born in Kenya. Documented.

Barack Obama became an Indonesian citizen. Documented.

Barack Obama is an illegal alien. Documented.

No illegal alien has ever been on the US presidential ballot. Documented.

The US Constitution states the qualifications for president.

The US Constitution rules.

Federal 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.”

State example: 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.”

Any state official, Governor, Lt Governor, Attorney General, Secretary
of State, Election Board Official. If you think you are absolved of
responsibility and are holding the DNC responsible, you are wrong. Many of you have sworn an oath to uphold the Constitution. You may be subject to impeachment, expulsion and legal action. You have a duty to the US Constitution and the people of your state.

State election officials from the Secretaries of State and Election Boards
have been quoted as saying they take their cue from the DNC for candidates
placed on the ballot. That does not absolve them of responsibility.
They are bound to uphold the Constitution. These officials have been
forewarned. It is their duty to ensure that no voter in their state
is disenfranchised.

Electoral College Electors, knowingly voting for an ineligible candidate, will be violating the Constitution.
Woe to anyone with election powers, clinging to tradition, and blaming
the DNC for not vetting Obama. You have no excuse and will be held accountable.

US Constitution, Federal Election Laws, State Election Laws