Category Archives: FEC

Obama raises $ 181 million in September 2012, Suspicions raised again, Obama for America 2008 audit and fine, Robert Bauer, 98% of contributions under reporting threshold

Obama raises $ 181 million in September 2012, Suspicions raised again, Obama for America 2008 audit and fine, Robert Bauer, 98% of contributions under  reporting threshold

“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 was Democrat Ellen L. Weintraub, a former Perkins Coie employee, allowed to remain at the FEC , long after her scheduled tenure, by Barack Obama?”…Citizen Wells

“In February 2007, I proposed a novel way to preserve the strength of the public financing system in the 2008 election. My plan requires both major party
candidates to agree on a fundraising truce, return excess money from donors, and stay within the public financing system for the general election.”…Barack Obama

From Breitbart News October 6, 2012.

“WINDFALL: OBAMA RAISES $181 MILLION, ONLY AROUND 2% OF DONATIONS REPORTABLE”

“The Obama campaign dropped a bombshell this morning. It announced that, combined with the DNC, the campaign raised a staggering $181 million in September. The windfall is a huge increase over July and August, when the campaign raised around $100 million, although it is slightly down from the $193 million it raised in September 2008. The news should raise eyebrows.

The campaign said that just over 1.8 million people made donations to the campaign last month. According to the campaign, over 500k of these were brand-new donors, having neither given in 2008 nor 2012. 98% of contributions were under the reporting threshold of $250. Of these, the average contribution was $53.

Its really a tale of two worlds. 35k people gave an average of $2,600, while just over 1.7 million people gave an average of $53. Half the campaign’s haul came from people giving around the maximum amount and half from people who don’t have to be disclosed. Seems a bit odd.

The average of $53 from small donors is particularly noteworthy. Contributions under $200 don’t have to be disclosed, but the campaign still has to keep track of the donor’s name, in case subsequent donations push their contribution over the reporting threshold.

For contributions under $50, however, the campaign doesn’t even have to keep track of the donor’s name. It is effectively considered a “petty cash” donation. A person could theoretically make 10 $49 donations and never be reported, even though their total contributions are above the FEC’s reporting threshold.

With an average donation of $53 from small donors, Obama has A LOT of donors who will never be disclosed and whose names aren’t even known to the campaign. Tens of millions of dollars worth.

Today’s report certainly adds a great deal of interest to this news story from last week.”

http://www.breitbart.com/Big-Government/2012/10/06/windfall-obama-raises-181-million-only-2-reportable

From Citizen Wells April 20, 2012.

From the FEC April 19, 2012.

Weekly Digest

Week of April 16 – 20
AUDITS

“Final Audit Report on Obama for America. On April 19, the Commission made public the Final Audit Report of the Commission on Obama for America (OFA) covering campaign finance activity between January 16, 2007 and December 31, 2008. The Commission approved a finding that OFA failed to file required 48-hour notices totaling $1,972,266 received in 2008.”

http://www.fec.gov/press/press2012/20120420digest.shtml

From the audit.

“Final Audit Report of the
Commission on
Obama for America
(January 16, 2007 – December 31, 2008)”

“Part I
Background
Authority for Audit

This report is based on an audit of Obama for America (OFA), undertaken by the Audit Division ofthe Federal Election Commission (the Commission) in accordance with the Federal Election Campaign Act of 1971, as amended (the Act). The Audit Division conducted the audit pursuant to 2 U.S.C. §438(b), which permits the Commission to conduct audits and field investigations of any political committee that is required to file a report imder 2 U.S.C. §434. Prior to conducting any audit under this subsection, the Commission must perform an intemal review of reports filed by selected committees to determine if the reports filed by a particular committee meet the threshold requirements
for substantial compliance with the Act. 2 U.S.C. §438(b).

Scope of Audit

Following Commission-approved procedures, the Audit staff evaluated various risk factors and as a result, this audit examined:
1. the receipt of excessive contributions;
2. the receipt of contributions from prohibited sources;
3. the disclosure of contributions received;
4. the disclosure of individual contributors’ occupation and name of employer;
5. the consistency between reported figures and bank records;
6. the completeness of records; and
7. other committee operations necessary to the review.

Audit Hearing

Obama for America declined the opportunity for an audit hearing before the Commission on the matter presented in this report.”

“• Treasurer During Period Covered by Audit Robert R. Bauer January 16,2007 – May 9,2007, Martin H. Nesbit May 10,2007 – Present”

“Part III

Summary

Commission Finding

Failure to File 48-Hour Notices
Based on audit fieldwork, OFA did not file required 48-hour notices for 1,312
contributions, totaling $1,972,266, that were received prior to the general election. OFA provided no further information regarding this matter in response to the Interim Audit.

Report recommendation.

The Commission approved a finding that OFA failed to file required 48-hour notices in 2008. (For more detail, see page 4)”

“Facts and Analysis

A. Facts

During fieldwork. Audit staff compared OFA’s 48-hour notices with contributions of $1,000 or more that had been reported as received during the 48-hour notice filing period.’ This review identified 1,312 contributions, totaling $1,972,266, for which OFA failed to file the required notices. A majority of the missing 48-hour notices arose from a transfer reported on October 24,2008 from the Obama Victory Fund (OVF), a joint fundraising committee composed of OFA and the Democratic National Committee (DNC). In order to verify whether the contributions in question had been received between October 16 and October 23, Audit staff traced contributions attributed to the October 24 transfer to the disclosure reports filed by OVF.”

“Commission Conclusion

On March 8,2012, the Commission considered the Audit Division Recommendation Memorandum, in which the Audit Division recommended that the Commission adopt a finding that OFA failed to file required 48-hour notices in 2008.
The Commission approved the Audit staffs recommendation.”

https://citizenwells.wordpress.com/2012/04/20/fec-audit-reveals-obama-for-america-failed-to-file-notice-of-nearly-2-million-dollars-in-contributions-in-2008-1312-contributions-prohibited-sources/

From Citizen Wells May 25, 2012.

From the FEC  May 25, 2012.
“ENFORCEMENT”

“MUR 6524

RESPONDENTS: Biden for President, Inc.; and Melvyn Monzack, in his official capacity as treasurer
COMPLAINANT: FEC-Initiated
SUBJECT: In the normal course of carrying out its supervisory responsibilities, the Commission found that Biden for President, Inc. (the Committee) and Monzack, in his official capacity as treasurer, did not retain adequate records to document the notification of contributors of the Committee’s presumptive redesignation of $1,092,899 in excessive contributions. Biden was a 2008 primary candidate for president.

DISPOSITION: The Commission entered into a conciliation agreement whereby Biden for President, Inc. and Monzack, in his official capacity as treasurer, agreed to pay a civil penalty of $50,000.”

https://citizenwells.wordpress.com/2012/05/25/biden-for-president-fined-50000-by-fec-2008-inadequate-records-over-one-million-dollars-excessive-contributions-melvyn-monzack-treasurer-breaking-news/

From Citizen Wells January 23, 2012.

“Robert Bauer, of Perkins Coie, on February 1, 2007 requested an advisory opinion to keep Obama’s option for matching funds open. Bauer knew full well that Obama, not being a natural born citizen, was not eligible for matching funds. The FEC advisory opinion from March 1, 2007 responded in the affirmative.Ellen L. Weintraub, former staff member at Perkins Coie, was a Democrat appointee of the FEC at that time. She remained well beyond her scheduled tenure with the help of Barack Obama.
Obama, Robert Bauer, Democrats interaction with FEC timeline.”

https://citizenwells.wordpress.com/2012/01/23/obama-ga-ballot-challenge-natural-born-citizen-status-judge-michael-malihi-why-did-obama-refuse-matching-funds-in-2008-part-4-obama-attorneys-democrats-control-fec/

Abdul Karim Hassan vs FEC ruling October 1, 2012, Presidential Election Campaign Fund Act, Natural born citizen requirement not repealed by 5th 14th amendments

Abdul Karim Hassan vs FEC ruling October 1, 2012, Presidential Election Campaign Fund Act, Natural born citizen requirement not repealed by 5th 14th amendments

From the FEC October 1, 2012.

DISTRICT COURT ISSUES OPINION IN HASSAN v. FEC

WASHINGTON – The United States District Court for the District of Columbia on Friday issued its Memorandum Opinion and Order in Hassan v. FEC (Case 1:11-cv-02189-EGS). The text of the Memorandum Opinion may be found here (http://www.fec.gov/law/litigation/hassan_dc_memo_opinion.pdf) and the text of the Order may be found here (http://www.fec.gov/law/litigation/hassan_dc_order2.pdf).

The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House of Representatives, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.

http://www.fec.gov/press/press2012/20121001_Hassan_v._FEC.shtml

Exerpts:
“Hassan’s challenge to the Fund Act rests on his contention
that the natural born citizen requirement has been implicitly
repealed by the Fifth and Fourteenth Amendments. The Court need
not repeat the thorough and persuasive opinions issued by its
colleagues in at least five other jurisdictions, all of whom
determined that the natural born citizen requirement has not
been implicitly repealed by the Fifth and Fourteenth Amendments.”

“Moreover, the Supreme Court has consistently held that the distinction between natural born citizens and naturalized citizens in the context of
Presidential eligibility remains valid.”

“Because the natural born citizen requirement has not been explicitly or implicitly repealed, Hassan’s challenge to that provision, and the Fund Act’s incorporation thereof, must fail.”

Biden for President fined $50000 by FEC, 2008 inadequate records, Over one million dollars excessive contributions, Melvyn Monzack treasurer, Breaking News

Biden for President fined $50000 by FEC, 2008 inadequate records, Over one million dollars excessive contributions, Melvyn Monzack treasurer, Breaking News

“Vice-presidential candidate Sen. Joseph Biden, D-Del. (left), has been advised since 1984 by Joseph Cari (right), the Chicago lawyer and onetime mega-fundraiser who has been tied to the Antoin “Tony” Rezko patronage scandal.”…ABC News August 25, 2008

“Why did Joe Biden’s son have Larry Sinclair arrested at the end of Sinclair’s National Press Club presentation?”…Citizen Wells

From the FEC  May 25, 2012.
“ENFORCEMENT”

“MUR 6524

RESPONDENTS: Biden for President, Inc.; and Melvyn Monzack, in his official capacity as treasurer
COMPLAINANT: FEC-Initiated
SUBJECT: In the normal course of carrying out its supervisory responsibilities, the Commission found that Biden for President, Inc. (the Committee) and Monzack, in his official capacity as treasurer, did not retain adequate records to document the notification of contributors of the Committee’s presumptive redesignation of $1,092,899 in excessive contributions. Biden was a 2008 primary candidate for president.

DISPOSITION: The Commission entered into a conciliation agreement whereby Biden for President, Inc. and Monzack, in his official capacity as treasurer, agreed to pay a civil penalty of $50,000.”

http://www.fec.gov/press/press2012/20120525digest.shtml

http://eqs.nictusa.com/eqsdocsMUR/12044313515.pdf

Obama campaign calls Romney Donors Less Than Reputable, Obama had criminal donors and associations, Tony Rezko, Lawyers and Law firms Obama biggest 2008 donors

Obama campaign calls Romney Donors Less Than Reputable, Obama had criminal donors and associations, Tony Rezko, Lawyers and Law firms Obama biggest 2008 donors

“Why did the Illinois Senate Health & Human Services Committee, with Obama as chairman, create and push Bill 1332, “Illinois Health Facilities Planning Act,” early in 2003, which reduced the number of members on the Board from 15 to 9, just prior to rigging by Tony Rezko and Rod Blagojevich?”…Citizen Wells

“Why has David Wilhelm supported and protected Obama?”…Citizen Wells

“I believe I’m more pristine on Rezko than him.”…Rod Blagojevich

The Obama campaign has accused Mitt Romney donors as being less than reputable. Are they on drugs! Wait a minute, they are.

From ABC News April 20, 2012.

“Obama Campaign Flags ‘Less-Than-Reputable’ Romney Donors”

“President Obama’s re-election campaign is circulating a list of eight “wealthy individuals with less-than-reputable records” who have donated to presumptive Republican nominee Mitt Romney.

“Quite a few have been on the wrong side of the law, others have made profits at the expense of so many Americans, and still others are donating to help ensure Romney puts beneficial policies in place for them,” the campaign said in a statement from its “Truth Team.”

Team Obama alleges four men, who have each given more than $100,000 to support Romney and an affiliated super PAC, have benefited from “betting against America” – specifically through outsourcing.

The list includes Paul Schorr, a partner at Blackstone Group, the nation’s largest private equity firm; investors Sam and Jeffrey Fox of the Harbour Group; and T. Martin Fiorentino, who has lobbied for Lender Processing Services, a firm that has been penalized by the government for its mortgage servicing and foreclosure practices.

The Obama campaign also suggests that contributions from a group of deep-pocket “special-interest donors” are aimed at pushing a specific agenda, specifically on behalf of the U.S. oil industry.

The campaign’s blog post names oil investor Louis Moore Bacon, oil refining company CEO Thomas O’Malley, registered oil industry lobbyist Kent Burton and businessman Frank Vandersloot as figures “donating to help ensure Romney puts beneficial policies in place for them.”

President Obama, unlike Romney, voluntarily discloses the names and contribution amounts of all his top volunteer fundraisers — “bundlers” — not just those who are registered lobbyists, as required by law. Obama also refuses donations from registered lobbyists or PACs.

But Obama has received support from hundreds of wealthy Americans – including some with less-than-reputable records of their own.

Former New Jersey Gov. and Obama bundler Jon Corzine has been under investigation for his role in the collapse of investment firm MF Global, where he was chairman and CEO and from which more than $1 billion disappeared.

The Obama campaign and Democratic National Committee later announced they would refund more than $70,000 in contributions from Corzine and his wife. Officials said they would examine on a case by case basis whether to refund some of the more than $430,000 in additional funds Corzine delivered to the campaign from other supporters.

In February, the Obama campaign refunded more than $200,000 from Carlos and Alberto Cardona after the New York Times reported the brothers’ ties to a Mexican casino magnate and fugitive from the U.S. who had sought a presidential pardon.

Earlier this month, another major Obama donor, Abake Assongba, made headlines for a civil lawsuit alleging that she stole $650,000 in an email scam to help build a multimillion-dollar home. Assongba has bundled more than $50,000 for the campaign.”

http://abcnews.go.com/blogs/politics/2012/04/obama-campaign-flags-less-than-reputable-romney-donors/

What about Tony Rezko?

Obama not only had numerous contributions from crime and corruption figures,    he had long time associations with them and was complicit in some of the corruption.

“President Obama, unlike Romney, voluntarily discloses the names and contribution amounts of all his top volunteer fundraisers — “bundlers” — not just those who are registered lobbyists, as required by law.”

Excuse me!

FEC audit reveals Obama for America failed to file notice of nearly 2 million dollars in contributions in 2008.

https://citizenwells.wordpress.com/2012/04/20/fec-audit-reveals-obama-for-america-failed-to-file-notice-of-nearly-2-million-dollars-in-contributions-in-2008-1312-contributions-prohibited-sources/

Check out the number 1 contribution industry to Obama in 2008.

This is another reason you will never see tort reform as part of health care reform from a Obama regime.

FEC audit reveals Obama for America failed to file notice of nearly 2 million dollars in contributions in 2008, 1312 contributions, Prohibited sources?

FEC audit reveals Obama for America failed to file notice of nearly 2 million dollars in contributions in 2008, 1312 contributions, Prohibited sources?

“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

“You can fool some of the people all of the time, and all of the people some of the time, but you can not fool all of the people all of the time.”…Abraham Lincoln

From the FEC April 19, 2012.

Weekly Digest

Week of April 16 – 20
AUDITS

“Final Audit Report on Obama for America. On April 19, the Commission made public the Final Audit Report of the Commission on Obama for America (OFA) covering campaign finance activity between January 16, 2007 and December 31, 2008. The Commission approved a finding that OFA failed to file required 48-hour notices totaling $1,972,266 received in 2008.”

http://www.fec.gov/press/press2012/20120420digest.shtml

From the audit.

“Final Audit Report of the
Commission on
Obama for America
(January 16, 2007 – December 31, 2008)”

“Part I
Background
Authority for Audit

This report is based on an audit of Obama for America (OFA), undertaken by the Audit Division ofthe Federal Election Commission (the Commission) in accordance with the Federal Election Campaign Act of 1971, as amended (the Act). The Audit Division conducted the audit pursuant to 2 U.S.C. §438(b), which permits the Commission to conduct audits and field investigations of any political committee that is required to file a report imder 2 U.S.C. §434. Prior to conducting any audit under this subsection, the Commission must perform an intemal review of reports filed by selected committees to determine if the reports filed by a particular committee meet the threshold requirements
for substantial compliance with the Act. 2 U.S.C. §438(b).

Scope of Audit

Following Commission-approved procedures, the Audit staff evaluated various risk factors and as a result, this audit examined:
1. the receipt of excessive contributions;
2. the receipt of contributions from prohibited sources;
3. the disclosure of contributions received;
4. the disclosure of individual contributors’ occupation and name of employer;
5. the consistency between reported figures and bank records;
6. the completeness of records; and
7. other committee operations necessary to the review.

Audit Hearing

Obama for America declined the opportunity for an audit hearing before the Commission on the matter presented in this report.”

“• Treasurer During Period Covered by Audit Robert R. Bauer January 16,2007 – May 9,2007, Martin H. Nesbit May 10,2007 – Present”

“Part III

Summary

Commission Finding

Failure to File 48-Hour Notices
Based on audit fieldwork, OFA did not file required 48-hour notices for 1,312
contributions, totaling $1,972,266, that were received prior to the general election. OFA provided no further information regarding this matter in response to the Interim Audit.

Report recommendation.

The Commission approved a finding that OFA failed to file required 48-hour notices in 2008. (For more detail, see page 4)”

“Facts and Analysis

A. Facts

During fieldwork. Audit staff compared OFA’s 48-hour notices with contributions of $1,000 or more that had been reported as received during the 48-hour notice filing period.’ This review identified 1,312 contributions, totaling $1,972,266, for which OFA failed to file the required notices. A majority of the missing 48-hour notices arose from a transfer reported on October 24,2008 from the Obama Victory Fund (OVF), a joint fundraising committee composed of OFA and the Democratic National Committee (DNC). In order to verify whether the contributions in question had been received between October 16 and October 23, Audit staff traced contributions attributed to the October 24 transfer to the disclosure reports filed by OVF.”

“Commission Conclusion

On March 8,2012, the Commission considered the Audit Division Recommendation Memorandum, in which the Audit Division recommended that the Commission adopt a finding that OFA failed to file required 48-hour notices in 2008.
The Commission approved the Audit staffs recommendation.”

http://www.fec.gov/audits/2008/Obama_for_America/FinalAuditReportoftheCommission1206263.pdf

FEC 2012 Presidential matching funds for Charles E. Buddy Roemer, Roemer declared eligible, Buddy Roemer for President

FEC 2012 Presidential matching funds for Charles E. Buddy Roemer, Roemer declared eligible, Buddy Roemer for President

From the FEC February 3, 2012.

“Roemer First Presidential Candidate Declared Eligible for Primary Matching Funds in 2012 Race ”

“Charles E. “Buddy” Roemer III on Thursday became the first 2012 presidential candidate to be declared eligible by the Federal Election Commission to receive federal matching funds. Roemer is seeking the Republican nomination for president in 2012.

To become eligible for matching funds, candidates must raise a threshold amount of $100,000 by collecting $5,000 in 20 different states in amounts no greater than $250 from any individual. Other requirements to be declared eligible include agreeing to an overall spending limit, abiding by spending limits in each state, using public funds only for legitimate campaign-related expenses, keeping financial records and permitting an extensive campaign audit.

Based on documents filed by Buddy Roemer for President, Inc. on January 25, 2012, contributions from the following states were verified for threshold purposes: Alabama, Arizona, California, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, Virginia and Washington. All of the materials included with this submission may be viewed here. Based on Roemer’s initial threshold submission, the Commission will request that the United States Treasury make an initial payment of $100,000 to Roemer’s campaign.

Once declared eligible, campaigns may submit additional contributions for matching funds on the first business day of every month.The U.S. Treasury Department may pay the Commission-certified amounts beginning this month.The maximum amount a primary candidate could receive is currently estimated to be about $22.8 million.

The presidential public funding program is financed through the $3 check-off that appears on individual income tax returns. The program has three elements: grants to parties to help fund their nominating conventions, grants available to nominees to pay for the general election campaign, and matching payments to participating candidates during the primary campaign.

In July and September of 2011, the Commission certified $17,689,800 each to the Republican and Democratic parties for their conventions.The Commission estimates that each general election nominee will be eligible for a grant of approximately $91.2 million.
The Federal Election Commission (FEC) is an independent regulatory agency that administers and enforces federal campaign finance laws. The FEC has jurisdiction over the financing of campaigns for the U.S. House of Representatives, the U.S. Senate, the Presidency and the Vice Presidency. Established in 1975, the FEC is composed of six Commissioners who are nominated by the President and confirmed by the U.S. Senate.”

http://www.fec.gov/press/press2012/20120202Roemer_MatchingFunds.shtml

 

Obama NC ballot challenge, GA ruling Judge Michael Malihi, North Carolina Secretary of State and Election Board warned in 2008, Governor Easley conviction

Obama NC ballot challenge, GA ruling Judge Michael Malihi, North Carolina Secretary of State and Election Board warned in 2008, Governor Easley conviction

“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

It is timely and appropriate to reprint an article from 2008 on NC election law. In 2008 I contacted the NC Secretary of State’s office as well as the Board of elections multiple times. I provided information about the Philip J. Berg lawsuit as well as Obama eligibility concerns. The gentleman from the Board of Elections office was aware of the lawsuit. One of the state officers listed in the article, former Governor Mike Easley, has since been indicted and convicted of other crimes. His successor, Beverly Perdue, an Obama Democrat, was recently cited for receiving government employment reports prematurely. She has just indicated she will not run for office again.

I just perused the NC Election statutes looking for any significant changes and found none. NC still has a reference to replacing an ineligible candidate but no clear protocol for challenges. The state of Georgia is to be commended for provisions allowing ballot challenges in accordance with the US Constitution. We await a ruling from Judge Michael Malihi in GA on such challenges to Obama’s eligibility.

https://citizenwells.wordpress.com/2012/01/26/judge-michael-malihi-ruling-obama-ga-ballot-challenges-january-26-2012-summary-judgement-entered-brian-p-kemp-georgia-secretary-of-state/

Of course, the Democrat National Convention will be held in Charlotte, NC this year. You can bet that the State of NC will prioritize that event over upholding the US Constitution.

Politics as usual.

There are some challenges underway in NC and I will keep you apprised of their progress. More information can be found here:

http://obamaballotchallenge.com/complaint-in-nc-underway

http://obamaballotchallenge.com/election-complaint-filed-in-north-carolina-nc-page-updated-with-law

The State of NC was warned in 2008, ignorance is no excuse.

From Citizen Wells November 17, 2008.

NC State Officers and Election Officials are in Violation of the Law
2008 Presidential Election

Eligibility for presidency

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.”

How President is elected

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.”

The states are responsible for the primaries, general election and events leading up to 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.”

NC Officials responsible for upholding the US Constitution and Federal and State Election Laws

Governor Mike Easley has overall responsibilities as well as Electoral College certification.

Attorney General Roy Cooper is charged with compliance with all Federal and State laws.

Secretary Elaine Marshall is responsible for the NC Election process.

NC Board of Elections is responsible for the NC Election process.

NC Electoral College Electors are responsible for complying with Federal and State laws.

NC Judges ruling on election matters are bound to uphold the US Constitution and Federal and State laws.

Laws that apply to NC State Officials

US Constitution, Article II, Section 1. Presidential eligibility.

US Constitution, Article II, Section 1. States are responsible for Presidential Elections up to Electoral College vote.

Federal Election Law dictates that Electors must vote in a “manner directed by the Constitution.”

Article VI of the US Constitution states:

“The Senators and Representatives before mentioned, and the Members of the several State Legislators, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by
Oath or Affirmation, to support this Constitution;”

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”

NC Statute § 163‑19.  State Board of Elections; appointment; term of office; vacancies; oath of office.

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

I, __________, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State, and that I will well and truly execute the duties of the office of member of the State Board of Elections according to the best of my knowledge and ability, according to law, so help me, God.”
NC Statute § 163‑23.  Powers of chairman in execution of Board duties.

“In the performance of the duties enumerated in this Chapter, the chairman of the State Board of Elections shall have power to administer oaths, issue subpoenas, summon witnesses, and compel the production of papers, books, records and other evidence. Upon the written request or requests of two or more members of the State Board of Elections, he shall issue subpoenas for designated witnesses or identified papers, books, records and other evidence. In the absence of the chairman or upon his refusal to act, any two members of the State Board of Elections may issue subpoenas, summon witnesses, and compel the production of papers, books, records and other evidence. In the absence of the chairman or upon his refusal to act, any member of the Board may administer oaths. (1901, c. 89, s. 7; Rev., s. 4302; C.S., s. 5923; 1933, c. 165, s. 1; 1945, c. 982; 1967, c. 775, s. 1; 1973, c. 793, s. 4.)”

The following facts and conclusions are self evident:

  • The State of NC, State Officials and Election Officials are responsible for the Presidential Election in NC up to and including the vote by the Electoral College Electors of NC.
  • The Electoral College Electors of NC are bound by the US Constitution and Federal and State Election law to vote for an eligible presidential candidate.
  • The Governor’s office, the Secretary of State’s office, the NC State Board of Elections and the Electoral College of NC has been notified in public and private of major issues surrounding the eligibility of
    Barack Obama.
  • The office of the Secretary of State and Board of Elections was notified multiple times, prior to the general election, of the Philip J Berg lawsuit and facts regarding Barack Obama’s ineligibility. The
    notification was via telephone conversation and emails as well as notification on the internet. The Board of Elections stated they had been aware of these issues for several months.
  • There are pending lawsuits in NC courts, other state courts, as well as US Supreme Court, challenging the eligibilty of Barack Obama.
  • Barack Obama has refused to supply legal proof of eligibility.
  • Pending or dismissed lawsuits have no bearing on the obligation of NC officials to uphold the rule of law.
  • Failure of NC officials to uphold the law and their election duties may result in the disenfranchisement of millions of voters.
  • The state of NC has complete control of the presidential election process in NC up to and including the Electoral College vote.
  • Placing a candidate on the ballot at the direction of a major political party does not relieve NC election officials of their duty to ensure eligibility of candidates.
  • The state of NC in NC Statute § 163-114 provides for replacing a candidate that “for any reason becomes ineligible or disqualified”.
  • The Tenth Amendment to the US Constitution gives power to the people not reserved for the federal government or the states.
  • The laws on the books not only allow, but require that NC officers and Elections Officials demand proof from any presidential candidate of eligibility.

If the officers and Election Officials do not perform their legal obligation to demand proof of eligibility from Barack Obama or any other presidential candidate, they will be subject to one or more of the following:

  • Prosecution
  • Lawsuit
  • Impeachment
  • Recall
  • Expulsion
  • Dismissal

Citizen Wells will be providing this information to the officers and Election officials of NC. If a satisfactory answer is not received soon, petitions will be initiated to remove non compliant officials from office. Judges are not immune.

What is the alternative?

The answer is in the Declaration of Independence.