Category Archives: Election update

Election update

Significance of McInnish V Chapman AL Supreme Court Decision, US Supreme Court ruling?, Justices Moore and Parker clarify state duties, Serious questions about Obama birth certificates

Significance of McInnish V Chapman AL Supreme Court Decision, US Supreme Court ruling?, Justices Moore and Parker clarify state duties, Serious questions
about Obama birth certificates

“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

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

“Why does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

Regardless of how this plays out, we have ensconced in writing, on the internet and available for other legal reference and quotation, a document with well
researched dissenting opinions by the AL Chief Justice Moore and Justice Parker regarding the duties and responsibilities of state election officials.
Perhaps just as important is the mention of documentation provided by the Arpaio Zullo investigation raising serious questions about Obama birth
certificates.

Judge Parker wrote:

“(Case no. 1110665.) As I noted in my unpublished special concurrence to this Court’s order striking McInnish’s petition for a writ of mandamus: “McInnish
attached certain documentation to his mandamus petition, which, if presented to the appropriate forum as part of a proper evidentiary presentation, would
raise serious questions about the authenticity of both the ‘short form’ and the ‘long form’ birth certificates of President Obama that have been made
public.”

On March 6, 2012, the Secretary of State was served with McInnish’s petition for a writ of mandamus, including the attached documentation raising questions
about President Obama’s qualifications. That documentation served by McInnish on the Secretary of State was sufficient to put the Secretary of State on
notice and raise a duty to investigate the qualifications of President Obama before including him as a candidate on an Alabama election ballot.”

The McInnish V Chapman case should proceed to the US Supreme Court, the justices should rule and clarify the duties and roles of state election officials.
The poorly reasoned opinions of the consenting justices should be denigrated and the well reasoned, well written and constitutionally sound arguments of
Chief Justice Roy Moore should be upheld. This case, while highlighting eligibility deficiencies of Obama, focuses on the role of the AL Secretary of State,
and that is what the SCOTUS would focus on. The mootness aspect could also be addressed

Mootness could also be addressed by another case before the SCOTUS. Paige V State of Vermont. Central to this case is Obama’s natural born citizen status. If
this case is selected for full court review, we would expect a clarification of the definition of natural born citizen. This is mandatory as even many
constitutional scholars are divided on the definition.

We have in McInnish v Chapman, the most extensive and comprehensive delineation and definition of the duties of Alabama state election officials including
the Secretary of State. Many of us, including Citizen Wells, have addressed this adequately beginning in 2008. Though not rocket science, nor requiring a
legal degree to understand, it was beneficial to have a strong constitutional defender such as Chief Justice Moore to explain it with so much documentation.

To sum up the gist of Chief Justice Moore’s argument which is mine as well. Clearly the responsibility for presidential elections is that of the states up to
the certification of electoral college votes. The US Constitution requires that the president be a natural born citizen. The states are given some leeway in
procedural matters. The state laws and procedures vary considerably. There is no law stating that all presidential candidates must be preemptively
investigated to insure being qualified. However, since only a qualified candidate can legally be elected, it is imperative that the states take all
appropriate measures. The states in general have failed miserably at this. Some states have explicit laws and procedures to remedy a non qualified candidate.
Some have provisions for challenges. New Hampshire requires a natural born citizen certification.

From Justice Bolin:

“I concur with this Court’s no-opinion affirmance of this case. However, I write specially because I respectfully disagree with Chief Justice Moore’s dissent
to the extent that it concludes that the Secretary of State presently has an affirmative duty to investigate the qualifications of a candidate for President
of the United States of America before printing that candidate’s name on the general-election ballot in this State. I fully agree with the desired result;
however, I do not agree that Alabama presently has a defined means to obtain it.”

I read this with a certain amount of incredulity. After pondering it for a while I am wondering if this was intentional. A set up?

There are 2 simple steps that could have been and should have been taken. Immediately contact the AL Attorney General and request guidance. Get clarification
on the definition of natural born citizen and request a certified copy of the birth certificate. You know, one like I have a copy of, a copy of the original
certified by the governing office.

After comparing the ludicrous concuring opinions with the well reasoned, constitutionally sound opinion of Chief Justice Moore, one has to wonder if this was
a set up for the SCOTUS.

On the topic of mootness, I somewhat disagree with Chief Justice Moore as well others on remedies for removal of Obama if he is not qualified. Mootness only applies in the context of state duties since they did end with the electoral college certification. However, the clarification of state duties in AL and the other states is just as if not more important. Impeachment in the general since would apply but not in the presidential removal through congress. If Obama is not qualified he is not president. No ceremony or adulation by brainwashed school children effects that.

If Obama is not qualified, he should immediately be arrested and tried for treason.

Few are willing to state this, but it is the truth.

Of course with the Obama controlled USDOJ this would be tricky.

However, Eric Holder and others in the USDOJ were selected by Obama and perhaps they could be removed first.

Other states and state election officials should take notice. If Obama is proven to be ineligible, many of those officials have committed treason as well. Not to mention enablers like Nancy Pelosi, et al.

I and others contacted NC and other state election officials in 2008 as well as 2012 to warn them of probable Obama eligibility deficiencies. They were warned and have no excuse.

It is on the record now. From a state supreme court.

State election official duties.

Probable Obama eligibility deficiencies.

The results of the Arpaio Zullo investigation now take on more significance.

AL Supreme Court ruling March 21, 2014, McInnish V Chapman, Ruling and dissent

AL Supreme Court ruling March 21, 2014, McInnish V Chapman, Ruling and dissent

“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

“Moore said he’s seen no convincing evidence that Obama is a “natural born citizen” and a lot of evidence that suggests he is not.”…Judge Roy Moore interview by WND

The Alabama Supreme Court has made a ruling on the Obama Eligibility case in McInnish V Chapman.

From initial reading there is a non affirmative ruling with significant dissent.

From Chief Justice Roy Moore’s dissenting conclusion.

“Although the plaintiffs’ request for relief is moot as to
the legality, conduct, and results of the 2012 election, under
the “capable of repetition, yet evading review” exception to
mootness, the circuit court, in my view, should have granted
the petition for a writ of mandamus to the extent of ordering
the Secretary of State to implement the natural-born-citizen
requirement of the presidential-qualifications clause in
future elections.

Furthermore, I believe the circuit court should have
granted the petition for a writ of mandamus to order the
Secretary of State to investigate the qualifications of those
candidates who appeared on the 2012 general-election ballot
for President of the United States, a duty that existed at the
time this petition was filed and the object of the relief
requested. Although the removal of a President-elect or a
President who has taken the oath of office is within the
breast of Congress, the determination of the eligibility of
the 2012 presidential candidates before the casting of the
electoral votes is a state function.

This matter is of great constitutional significance in
regard to the highest office in our land. Should he who was
elected to the presidency be determined to be ineligible, the
remedy of impeachment is available through the United States
Congress, and the plaintiffs in this case, McInnish and Goode,
can pursue this remedy through their representatives in
Congress.

For the above-stated reasons, I dissent from this Court’s
decision to affirm the judgment of the circuit court
dismissing this action on the motion of the Secretary of
State.”

https://acis.alabama.gov/displaydocs.cfm?no=565288&event=40Y0LG67K

Vermont Supreme Court Obama eligibility, October 18, 2013, H. Brooke Paige appeal, VT justices rule case is moot, Obama already president???

Vermont Supreme Court Obama eligibility, October 18, 2013, H. Brooke Paige appeal, VT justices rule case is moot, Obama already president???

“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

“Barack Obama, show me the college loans.”…Citizen Wells

“It is emphatically the province and duty of the judicial
department to say what the law is. Those who apply the rule to
particular cases, must of necessity expound and interpret that
rule. If two laws conflict with each other, the courts must
decide on the operation of each.”

“If then the courts are to regard the constitution; and the
constitution is superior to any ordinary act of the legislature;
the constitution, and not such ordinary act, must govern the
case to which they both apply.”
“The judicial power of the United States is extended to all
cases arising under the constitution. Could it be the intention
of those who gave this power, to say that, in using it, the
constitution should not be looked into? That a case arising
under the constitution should be decided without examining the
instrument under which it arises?  This is too extravagant to
be maintained.”

“Why does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

I received the email from H. Brooke Paige last night.

“VT Sup Court ruled today. Interesting decision that will allow us to
proceed to SCOTUS.”

Instead of expediting this case the lower court and VT Supreme Court dragged their feet thus making their decisions after the election.

In essence, the case is moot because Obama is already president and cannot run again.

“BURGESS, J. Plaintiff H. Brooke Paige appeals a decision by the Washington Superior Court, Civil Division, granting a motion to dismiss by the State and its Secretary of State James Condos.[1]
Plaintiff contends the trial court erred in dismissing the suit on jurisdictional grounds because injury to his life, liberty, and property confers standing, as do Vermont election statutes, 17 V.S.A. §§ 2603 and 2617. Plaintiff
also asserts that the past presidential election does not render his case moot because this Court can still provide declaratory relief. We disagree, and dismiss the appeal as moot.”

“¶ 6. The central question now before this Court on appeal is whether the mootness doctrine bars review of plaintiff’s case. Plaintiff argues this case is not moot because the Court can provide relief by declaring that Barack Obama is not a natural-born citizen, and asserts that a controversy continues through plaintiff’s efforts to safeguard his life, liberty and property. Plaintiff also contends that this case satisfies two exceptions to the mootness doctrine. First, plaintiff anticipates that a situation involving an ineligible presidential candidate is capable of repetition yet evades review because President Obama may run for a third term if Congress repeals the Twenty-Second Amendment, or other presidential candidates not born of two U.S. citizens are likely to run
for president in the future. Second, plaintiff asserts that he suffers negative collateral consequences as a result of Barack Obama’s presidency that impact his life, liberty, and property.

¶ 7. The case is moot. Neither exception advocated by plaintiff applies here. Accordingly, this Court need not address plaintiff’s other arguments on standing or the merits.”

“¶ 9. Recognized principles of mootness apply to the present case because it no longer involves a live controversy. Plaintiff has no legally cognizable interest in the outcome. Barack Obama’s name was on the ballot, and he is now the President of the United States. President Obama is also unable to seek re-election.
U.S. Const. amend. XXII. The issuance of an advisory opinion assessing the merits of plaintiff’s argument about the meaning of “natural born Citizen” is beyond this Court’s constitutional prerogative. See In re Keystone
Dev. Corp., 2009 VT 13, ¶ 7, 186 Vt. 523, 973 A.2d 1179 (mem.) (explaining that this Court lacks authority to render an advisory opinion).”

Vermont Supreme Court Ruling.

http://www.scribd.com/doc/177342305/Vermont-Supreme-Court-ruling-on-H-Brooke-Paige-appeal-on-Obama-eligibility

 

Obama foreign student aid whistleblower, June 21, 2013, Orly Taitz sworn statement, Higher Education Services evidence of fraud, Financial aid microfilm, Obama Indonesian citizen

Obama foreign student aid whistleblower, June 21, 2013, Orly Taitz sworn statement, Higher Education Services evidence of fraud, Financial aid microfilm, Obama Indonesian citizen

“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

“Khalid Al-Mansour was “raising money” for Obama.”
“Khalid Al-Mansour was trying to help Obama get into Harvard Law School.”…Percy Sutton

“Barack Obama, show me the college loans.”…Citizen Wells

There are many controversies and deficiencies associated with Obama’s records and eligibility for the presidency.

Obama is not eligible due to his father being Kenyan/British.

Obama has never produced a birth certificate proving US birth.

Obama has produced no proof that he is a natural born citizen. A requirement for the POTUS.

No one in the mainstream media has covered Obama’s deficiencies, including, and especially Glenn Beck, who ridiculed anyone questioning Obama’s eligibility.

At Citizen Wells, we began using these questions years ago.

“Why did Obama, prior to occupying the White House, employ Robert Bauer of Perkins Coie, to assist him in avoiding the presentation of a legitimate birth certificate and college records?”

“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?”

Why wouldn’t Glenn Beck or anyone in the media doing their job ask those questions. They are based on facts. Matters of public record.
Whether you agree with attorney Orly Taitz and her methodologies or not. The following must be considered on it’s own merits.

“1. On 06.19.2013 I participated in a rally in front of the U.S. Capitol.
2. At the rally I met a whistleblower, who is an employee of the Higher Education Services Corporation in Albany, New York. (Hereinafter HESC)
3. The whistleblower advised me that she is seeking to provide to a judge evidence of fraud.
4. The whistleblower stated that she personally reviewed aid records of Mr. Barack Obama. She reviewed the financial aid microfilm, where it stated that Mr. Obama received financial aid as a foreign student, citizen of Indonesia.”

TaitzWhistleblowerObamaIndonesian

http://www.scribd.com/doc/149081288/Taitz-v-Obama-Obama-Foreign-Student-With-Indonesian-Citizenship-Obama-ID-Fraud-6-20-2013

From the Philip J. Berg 2008 lawsuit.

“There are unanswered questions as to where Obama was actually born, in the United States or abroad, registering his birth in Hawaii. There are further unanswered questions regarding Obama’s United States Citizenship, if he ever held such, being expatriated and his failure to regain his citizenship by taking the oath of allegiance once he turned eighteen (18) years of age. There are additional unanswered questions regarding Obama’s “natural” citizenship status in Indonesia and if in fact Obama ever took the steps necessary and filed the appropriate immigration paperwork to become a “naturalized” citizen of the United States. Furthermore, there are unanswered questions into Obama’s multi citizenships with foreign countries, which he still maintains. To date, Obama has refused to prove he is qualified under the U.S. Constitution and his eligibility to run as President of the United States.”

From Citizen Wells March 21, 2013.

“Recently O’Reilly once again lamely raised the spectre of Obama’s hidden college records.

“How much the system helped President Obama is unknown, as his college records have been kept private.

To be fair to the president, it would be helpful to know how much the government subsidized his climb to the top.””

College records kept private?

Obama used Robert Bauer of Perkins Coie and other private practice attorneys prior to January 2009 and a long list of US Justice Dept. attorneys, at taxpayer expense, afterwards, to keep his college and other records hidden from the public.

How much the government subsidized him?

Bill O’Reilly, how about which governments helped Obama and how much?

We know that Obama had a full scholarship to Occidental, which was not academic or athletic. This came after a self admitted poor performance in high school.

Who paid for Obama’s free ride at Occidental?

OccidentalSubpoenaBOattorney

How did Obama pay for Columbia, that is, if he actually attended?

From the St. Petersburg Evening Independent November 6, 1979.

“WILL ARABS BACK TIES TO BLACKS WITH CASH?

Vernon Jarrett

What about those rumored billions of dollars the oil rich Arab nations are
supposed to unload on American black leaders and minority institutions?
“It’s not just a rumor. Aid will come from some of the Arab states,”
predicted a black San Francisco lawyer who has close ties to officials of
the Organization of Petroleum Exporting Countries (OPEC).

“The first indications of Arab help to American blacks may be announced in
December.” said Khalid Abdullah Tariq Al-Mansour, formerly known as Donald
Warden, of the Holmes and Warden law firm.

Al-Mansour is the lawyer who filed a friend-of-the-court brief in support
of OPEC last winter when the International Association of Machinists and
Aerospace Workers (IAM) filed an antitrust suit against the 13 OPEC
countries in U.S. District Court in Los Angeles.”

http://news.google.com/newspapers?nid=950&dat=19791106&id=RcFaAAAAIBAJ&sjid=GFkDAAAAIBAJ&pg=6597

We know how Obama attended Harvard.

A picture is worth a thousand words.

ObamaBowsSaudiKing

Thanks to commenter GORDO.

Indiana ballot petition fraud four convictions, Obama ballot petition, Butch Morgan, Dustin Blythe, Beverly Shelton, Pamela Brunette, 2008 primary election, Systemic problem of Democrat corruption

Indiana ballot petition fraud four convictions, Obama ballot petition, Butch Morgan, Dustin Blythe, Beverly Shelton, Pamela Brunette, 2008 primary election, Systemic problem of Democrat corruption

“The problem is systemic and the case here in Saint Joseph County is merely a symptom of a broader culture of corruption that Democrats in Indiana have cultivated for decades,”…Saint Joseph County Republican Party

“The end justifies the means, the template of the left.”…Citizen Wells

“We control life, Winston, at all its levels. You are imagining that there is something called human nature which will be outraged by what we do and will turn against us. But we create human nature. Men are infinitely malleable.”…George Orwell, “1984″

 

From ABC 57 June 17, 2013.

“All four convicted of petition fraud sentenced”

“Four people were sentenced in the petition fraud case that stems from the 2008 primary election.

Butch Morgan was sentenced to one year in prison and one year of community corrections for being the ringleader of petition fraud in the 2008 primary election.

“He’s the only one I asked for an executed sentence and he got an executed sentence,” said Prosecutor Stan Levco.

The only other one who stood trial was Dustin Blythe.

He was sentenced to one year community corrections and 2 years probation.

The two women, Beverly Shelton and Pamela Brunette, pleaded guilty. They were sentenced to two years probation.

All four must each pay a $500 fine and court costs.

The judge said that he would not classify this case as voter fraud-since votes were not cast.

The prosecution agreed.

“What I thought he said and what I agree with is Obama still would have been elected president but in this situation the worst that would have happened is maybe Barack Obama wouldn’t have been on the ballot for the primary. But he lost the primary,” said Levco.”

Read more:

http://www.abc57.com/news/local/All-four-convicted-of-petition-fraud-sentenced-211880721.html

IndianaBallotFraud

From Fox News October 18, 2011.

“Shocking election fraud allegations have stained a state’s 2008
presidential primary – and it took a college student to uncover them.

“This fraud was obvious, far-reaching and appeared to be systemic,”
22-year-old Ryan Nees told Fox News, referring to evidence he
uncovered while researching electoral petitions from the 2008
Democratic Party primary in Indiana.

Nees’ investigation centered on the petitions that put then-senators
Barack Obama and Hillary Clinton on the ballot. As many as 150 of the
names and signatures, it is alleged, were faked. So many, in fact,
that the numbers raise questions about whether Obama’s campaign had
enough legitimate signatures to qualify for a spot on the ballot.”

http://www.foxnews.com/politics/2011/10/18/college-student-credited-with-uncovering-possible-election-fraud-in-indianas/

Florida election corruption bias incompetence, Secretary of State, Judges, Voeltz v Obama treatment obstruction of justice, Obama eligibility case ignored obfuscated and delayed

Florida election corruption bias incompetence, Secretary of State, Judges, Voeltz v Obama treatment obstruction of justice, Obama eligibility case ignored obfuscated and delayed

“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

“It is emphatically the province and duty of the judicial
department to say what the law is. Those who apply the rule to
particular cases, must of necessity expound and interpret that
rule. If two laws conflict with each other, the courts must
decide on the operation of each.”

“If then the courts are to regard the constitution; and the
constitution is superior to any ordinary act of the legislature;
the constitution, and not such ordinary act, must govern the
case to which they both apply.”
“The judicial power of the United States is extended to all
cases arising under the constitution. Could it be the intention
of those who gave this power, to say that, in using it, the
constitution should not be looked into? That a case arising
under the constitution should be decided without examining the
instrument under which it arises?  This is too extravagant to
be maintained.”

“Why does a judge swear to discharge his duties agreeably to the
constitution of the United States, if that constitution forms no
rule for his government? if it is closed upon him, and cannot be
inspected by him?”… Marbury versus Madison

“As a general rule the law contemplates the Secretary of State is to accept qualifying instruments from anyone who swears he is eligible and pays the qualifying fees. This rule should not be construed to require the Secretary of State to place the name of a person on the ballot who is obviously not eligible and when such lack of eligibility is known to him as the state’s chief elections officer.”…Justice Boyd, STATE EX REL. SHEVIN v. STONE, FL, August 10, 1972

I was asked recently why I had not included Florida with Alabama and Vermont supreme court challenges to Obama’s eligibility.

The reasons are simple.

First, no eligibility hearing has yet been scheduled for the FL Supreme Court. Why has the Voeltz v Obama eligibility challenge not reached the FL Supreme Court, unlike AL and VT?

Some combination of corruption, bias and incompetence within the executive, judicial and perhaps even legislative bodies of the State of Florida.

Secretary of State duty.

From the Florida statutes.

“97.012 Secretary of State as chief election officer.–The Secretary of State is the chief election officer of the state, and it is his or her responsibility to:

(1) Obtain and maintain uniformity in the interpretation and implementation of the election laws.”

OATH OF OFFICE
(Art. II. § 5(b), Fla. Const.)

“I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of”

THE STATES ARE RESPONSIBLE FOR THE PRIMARIES, GENERAL ELECTION AND EVENTS THROUGH THE ELECTORAL COLLEGE VOTE.

US Constitution
Article II
Section 1

“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.”

From page 2 of the Florida “2012 Federal Qualifying Handbook”

“PART II: PRESIDENT AND VICE PRESIDENT

Qualifications

1. Must be a natural born citizen of the United States.
2. Must be at least 35 years of age.
3. Must be a resident of the United States for 14 years.”

“Must be” is not a suggestion.

Florida Election statutes

“Title IX

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.”

The FL Secretary of State has a ministerial duty in the elections.

Ministerial defined.

Merriam Webster.

a : being or having the characteristics of an act or duty prescribed by law as part of the duties of an administrative office
b : relating to or being an act done after ascertaining the existence of a specified state of facts in obedience to a legal order without exercise of personal judgment or discretion.

Legal dictionary.

“Ministerial describes an act or a function that conforms to an instruction or a prescribed procedure. It connotes obedience. A ministerial act or duty is a function performed without the use of judgment by the person performing the act or duty.”

Obedience is the common denominator. To a legal order or conforming “to an instruction or a prescribed procedure.”

This includes the US Constitution and US Code.

Furthermore.

Justice Boyd in STATE EX REL. SHEVIN v. STONE from August 10, 1972 states:

“As a general rule the law contemplates the Secretary of State is to accept qualifying instruments from anyone who swears he is eligible and pays the qualifying fees. This rule should not be construed to require the Secretary of State to place the name of a person on the ballot who is obviously not eligible and when such lack of eligibility is known to him as the state’s chief elections officer. The burden of litigating the matter should be upon the one seeking to qualify.”

Response from FL elected officials and judges.

From Citizen Wells February 1, 2012.

A  challenger discovered this recently.

“Below and attached is a scanned copy of the letter I just received from the Secretary of State, AKA Florida Supervisor of Elections, in response to the Obama Ballot Challenge I filed 9 January 2012 with him and Attorney General Pam Bundi. The Constitution of the State of Florida (1838) and as amended through 2008 and by adoption of the 2012 Federal Qualifying Handbook (October 2011) the State of Florida has accepted the qualifications for President and Vice President listed therein, based solely on the Certifications of Qualifications from the Political Parties.Read carefully, looks like we have no protection from fraud by either Party. Still waiting for response from the Attorney General.

Vern H. Goding, Ret. OathKeeper.
Melbourne Village, Fl 32904″

Response from Gary Holland, Assistant General Counsel.

“After an election, section 102.168, Florida Statutes, provides that any unsuccessful candidate for the office being sought, any voter qualified to vote in the election, or any taxpayer may file an election contest in the circuit court based upon the successful candidates’s ineligibility for the office sought. Such contest must be brought within 10 days of the date the last board responsibe for certifiying the results officially ceetified the results of the election being contested.”

https://citizenwells.wordpress.com/2012/02/01/fl-primary-opens-door-to-obama-eligibilty-challenge-florida-statutes-allow-contest-10-day-window-circuit-court-obama-natural-born-citizen-deficiency/

Read the entire response from Assistant General Counsel Holland here:

http://obamaballotchallenge.com/sunshine-state-shenanigans

Voeltz v Obama was presented before 2 courts in FL. I will leave it to the reader to decide what combination of corruption, bias and incompetence applies to the judges.

Michael Voeltz filed a contest of election in Leon County Circuit Court on February 15, 2012.

A motion to dismiss from Obama and Secretary of State Ken Detzner was granted by Judge Terry Lewis on June 29, 2012.

The entire response from Judge Lewis will not be evaluated at this time. However, enough of the judge’s suspect reasoning will be presented to raise eyebrows.

Judge Lewis presents a flawed description of Natural Born Citizen and quotes a flawed decision in Akeny v Governor of Indiana. That is scary enough.

The next example is clearly more black and white.

Judge Lewis quotes a small portion of Cherry v Stone from August 4, 1972. This is not the better ruling to quote and not the latest.

From STATE EX REL. SHEVIN v. STONE from August 10, 1972.
“The resign law is not Secretary Stone’s to administer by such a determination, any more than the campaign spending law. His charge under the constitution and statute does not extend to the substance or correctness or enforcement of a sworn compliance with the law — with “matters in pais”, as it were. Once the candidate states his compliance, under oath, the Secretary’s ministerial determination of eligibility for the office is at an end. Any challenge to the correctness of the candidate’s statement of compliance is for appropriate judicial determination upon any challenge properly made, as here.”

Justice Boyd adds

“I agree with the majority opinion disposing of Miller and Wright.

As a general rule the law contemplates the Secretary of State is to accept qualifying instruments from anyone who swears he is eligible and pays the qualifying fees. This rule should not be construed to require the Secretary of State to place the name of a person on the ballot who is obviously not eligible and when such lack of eligibility is known to him as the state’s chief elections officer. The burden of litigating the matter should be upon the one seeking to qualify.

The Attorney General is properly bringing this action as the Attorney for the State. Few matters in a democracy can be of greater importance to the people than those relating to qualifications of candidates for public office.”

From above:

“Once the candidate states his compliance, under oath, the Secretary’s ministerial determination of eligibility for the office is at an end.”

No oath, no written compliance with the law was provided by Obama.

Plaintiff Voeltz took the case to the Second Judicial Circuit Court of Leon County.

On December 20, 2012 Judge Kevin Carroll dismissed the complaint with prejudice.

Judge Carroll states that “the Electoral College met and voted on December 17, 2012.”

“this court cannot now alter the Electoral College process.”

How convenient, the state of FL dragged out this process instead of acting and expediting it.

Judge Carroll also states:

“the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida does not have jurisdiction to determine the issue of qualification for the Office of President of the United States, particularly at this date in the process.”

Judge Carroll paraphrases “Miracle on 34th Street”, that the US government recognizes Obama as president and again with the element of elapsed time as if that was prohibitive.

Judge Carroll is wrong and should be impeached!

Let’s go through some of the references to the president and candidates in general not being qualified. There are mechanisms in place for removing them from office.

At the state level, the federal government gives the states the power to control elections through the submission of the electoral count to congress.

The State election officials are not prohibited from questioning eligibility.

Even in FL, as noted above:

“Once the candidate states his compliance, under oath, the Secretary’s ministerial determination of eligibility for the office is at an end.”

From 2 southeastern states:

NORTH CAROLINA

NC Statute § 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”

GEORGIA

§ 21-2-5.  Qualifications of candidates for federal and state office; determination of qualifications
“(a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.

(b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon his or her own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The administrative law judge shall report his or her findings to the Secretary of State.”

Electoral college vote.

UNITED STATES CODE

TITLE 3 THE PRESIDENT

Manner of voting

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

Congress certifies electoral count.

“If any objections to the Electoral College vote are made, they must be submitted in writing and be signed by at least one member of the House and one Senator. If objections are presented, the House and Senate withdraw to their respective chambers to consider their merits under procedures set out in federal law.”

After the certification, the Constitution reveals the protocol for dealing with a president or candidate who is not qualified.

AMENDMENT XX

“Section 1. The terms of the President and Vice President shall
end at noon on the 20th day of January, and the terms of Senators
and Representatives at noon on the 3d day of January,
of the years in which such terms would have ended if this article
had not been ratified; and the terms of their successors shall
then begin.

Section 2. The Congress shall assemble at least once in every
year, and such meeting shall begin at noon on the 3d day of
January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of
the President, the President elect shall have died, the Vice
President elect shall become President. If a President shall not
have been chosen before the time fixed for the beginning of his
term, or if the President elect shall have failed to qualify, then
the Vice President elect shall act as President until a President
shall have qualified; and the Congress may by law provide for the
case wherein neither a President elect nor a Vice President elect
shall have qualified, declaring who shall then act as President,
or the manner in which one who is to act shall be selected, and
such person shall act accordingly until a President or Vice
President shall have qualified.”

AMENDMENT XXV

“Section 1. In case of the removal of the President from office or
of his death or resignation, the Vice President shall become
President.

Section 2. Whenever there is a vacancy in the office of the Vice
President, the President shall nominate a Vice President who shall
take office upon confirmation by a majority vote of both Houses of
Congress.

Section 3. Whenever the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice President as
Acting President.

Section 4. Whenever the Vice President and a majority of either
the principal officers of the executive departments or of such
other body as Congress may by law provide, transmit to the
President pro tempore of the Senate and the Speaker of the House
of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice
President shall immediately assume the powers and duties of the
office as Acting President.

Thereafter, when the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability exists,
he shall resume the powers and duties of his office unless the
Vice President and a majority of either the principal officers of
the executive department or of such other body as Congress may by
law provide, transmit within four days to the President pro tempore
of the Senate and the Speaker of the House of Representatives their
written declaration that the President is unable to discharge the
powers and duties of his office. Thereupon Congress shall decide
the issue, assembling within forty-eight hours for that purpose if
not in session. If the Congress, within twenty-one days after
receipt of the latter written declaration, or, if Congress is not
in session, within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that the
President is unable to discharge the powers and duties of his
office, the Vice President shall continue to discharge the same as
Acting President; otherwise, the President shall resume the powers
and duties of his office.”

As you see, there are laws and procedures in place from early in the nomination process and past inauguration to remedy a president or candidate who is not eligible.

It is a damn shame that we have judges and election officials in Florida and other states who shirk their constitutional duties and make such idiotic statements.

For more information and commentary visit.

http://obamaballotchallenge.com/

http://obamareleaseyourrecords.blogspot.com/

Obama fraud shocks law men at Constitutional Sheriffs and Peace Officers Convention, Mike Zullo presentations June 1, 2013, Biggest fraud in US history, Moving to congressional investigation

Obama fraud shocks law men at Constitutional Sheriffs and Peace Officers Convention, Mike Zullo presentations June 1, 2013, Biggest fraud in US history, Moving to congressional investigation

“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 does Glenn Beck continue to make uninformed attacks and insults upon Sheriff Joe Arpaio and millions of concerned Americans?”…Citizen Wells

 
“On August 22, 2008, one day after the filing of Philip Berg’s Obama eligibility lawsuit, FEC attorney David Kolker sent an email to Rebekah Harvey, assistant to Ellen Weintraub, formerly of Perkins Coie, with the message “thanks!.” The subject line stated: RE: Victory in Berg v. Obama.”…Citizen Wells 2008 FOIA request

From PP Simmons June 1, 2013.

“Law men and elected officials “SHOCKED” by new evidence Obama Birth credentials fraudulently and criminally fabricated! Biggest FRAUD in US History!”

“Carl Gallups is reporting that he just got off the telephone with Mike Zullo immediately after Mike made his public presentation at the Constitutional Sheriffs and Peace Officers Convention in St. Charles, Missouri, this morning.

According to Carl, Mike Zullo reports that the overwhelming response of the lawmen and elected officials is that ofabsolute SHOCK.  He said that one official came up to him and said, “I have been purposely ignoring this matter – until NOW! I will ignore it no longer.”  Zullo reports that several constitutional officers, public officials, attorneys, elected officials, and others are now pledging full and personal support in moving this matter to a congressional investigation. Zullo says that the media blackout has kept many of these officials in the dark. He says most of them are now outraged – now that they have seen the evidence that they should have seen from the beginning. Now, Zullo is reporting, the media is being ‘side-stepped.’ “We are making inroads and contacts that we have never made before. This conference is really going to ‘pay off’ in moving things forward. Very important people are now beginning to see the amassed criminal evidence of perhaps the biggest fraud in American history.”

EVEN MORE TO COME TODAY
Remember – this movement Zullo is speaking of –  is the result of the PUBLIC presentation only.The full PRIVATE presentation for lawmen and elected-officials-only (credentials checked at the door) will be made later on this morning. In that two hour meeting, Zullo, with full authority of Sheriff Joe Arpaio, pledges to reveal all the criminal investigation material they possess in this matter. We can only imagine the reaction and outrage that will ensue once these constitution loving, patriotic officials see the pile of criminal evidence.  Mike Zullo and Carl Gallups have been promising for months that we would soon see some forward movement in this case. It is now happening.
Carl emphasized, “This Sheriffs and Peace Officers meeting was just icing on the cake. This was dropped in our laps just 5 weeks ago. We still have other VIPs and other plans being made now that are even bigger than what is happening at the Sheriffs Convention. This matter is finally going to be heard as it should have from the beginning.”
Carl continued, “Very soon, certain members of the media, the courts, and congress are going to look very silly. They have been ignoring this, sitting on it, marginalizing it, and flat-out trashing the matter for years. They will soon be seen for what they are. This matter should have been investigated by Congress years ago. It is their constitutional mandate and they ignored it – purposely. This whole thing could have been resolved one way or the other years back. The media blacked it out. But we don’t need the pundit media anymore. We are going around the MSM. We have other venues now. More and more, very important people of constitutional standing are being enlightened and coming on board. Soon, the world will know that we have been correct in this matter all along.””
Read  more:
Thanks to commenter GORDO.