Tag Archives: State Election Laws

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.

Constitution 101, State election laws, US Constitution rules, State election officials and electors legal duties

Constitution 101, State election laws, US Constitution rules, State election officials and electors legal duties

“Why has Obama, for over 2 years, employed numerous private and government attorneys to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells and millions of concerned Americans

In men’s minds, as in nature, once a seed is planted, it many take many months to germinate, but the seed must be planted.

I was searching through Citizen Wells articles from 2008 on election laws and natural born citizen references when I came across this:

“Constitution 101 classes will begin soon.
State officers, election officials, judges and, of course,
US Supreme Court Justices will be invited. Stay tuned for a
class near you. I suppose Washington DC should be first.”

From Citizen Wells December 17, 2008.

The ultimate objective of a presidential election to inaugurate a
constitutionally qualified president that as closely as possible
reflects the will of the people.
The states have been given the power and the duty to control presidential
elections by the US Constitution.

The pervasive attitudes of the state officers and election officials is
that they, incorrectly, have no power to qualify presidential candidates
and/or they depend on political parties to vet the candidates.

The political parties have evolved and changed since the creation of the
US Consitution and are given no powers. However, members of the parties,
as US Citizens have an implied duty to uphold the Constitution and party
officers typically have taken oaths as elected officials to uphold the
US Constitution.

Clearly, the intent of the US Constitution and Federal Election Law is
for an eligible candidate to move through this election process to allow
for a constitutionally valid vote by Electors.

All officers and election officials, most judges and most Electoral
College Electors were informed prior to the general election and
particularly prior to the Electors meeting and voting, of compelling
evidence that Barack Obama is not eligible to be president. Despite
these warnings, Electors met and voted on the basis of party loyalty or
perceived directives from the states. State or party policies dictating
how an Elector votes violate the spirit and letter of constitutional
and federal law.

Even though the manner of Electoral College voting in clearly defined by
the US Constitution and Federal Election Law, some states have included
explicit references to law in their Certificates of Voters that are
signed by Electors and state officers. Below are certificates from 2004.

http://www.archives.gov/federal-register/electoral-college/2004_certificates/

Alabama

“pursuant to the Constitution and the laws of the United States
and this state, certify”

Alaska

“by authority of law vested in us”

Arizona

“by authority of law in us vested”

Arkansas

“as provided by law”

California

“pursuant to the Constitution and the laws of the United States
and the state of california, do hereby certify”

Connecticut

“in pursuance of the Constitution and laws of the United States
and in the manner provided by the laws of the state of Connecticut”

Hawaii

“in pursuance of the Constitution and laws of the United States”

Idaho

“having met agreeably to the provisions of law”

Illinois

“as provided by law”

Indiana

“as required by the Twelfth Amendment to the Constitution of
the United States”

Iowa

“in accordance with law”

Kansas

“agreeably to the provisions of law”

Kentucky

“In accordance with the Twelfth Amendment to the United States
Constitution, and with sections 7-11 of Title III of the
United States Code”

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.

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.”
Minnesota

“In testimony whereof, and as required by the Twelth Amendment
to the Constitution of the United States we have hereunto set
our hands”

Montana

“agreeable to the provisions of law”

Nevada

“agreeably to the provisions of law”

New Jersey

“proceeded to perform the duties required of us by the Constitution
and laws of the United States.”

North Carolina

“by authority of law in us vested”

Pennsylvania

“agreeably to the provisions of law”

Rhode Island

“in pursuance of law”

South Carolina

“pursuant to the Constitution and laws of the United States and of
this state”

Tennessee

“pursuant to the Constitution and laws of the United States and of
this state”

Utah

“in pursuance of the statutes of the United States and of the statutes
of the State of Utah”

Virginia

“in pursuance of the Constitution and laws of the United States”

Washington

“pursuant to the provisions of federal and state law”

Conclusion

  • The US Constitution is clear on presidential eligibility and how
    Electoral Colleges Electors are to vote.
  • Ignorance is no excuse. Everyone involved was forewarned. Voting
    party line over law will not be tolerated.
  • Electors and state officers have signed or will sign Certificates of Voters
    for the 2008 Election. As you can see from the above, they will
    certify that they are aware of the law and are abiding by the law.
  • Kentucky gets the award for the most constitutionally clear wording
    and should be applauded for doing so.
  • There are consequences for false attesting.
  • One of the consequences is that the votes of many Electors are now
    null and void.
  • Impeachment, recall, firing, criminal charges forthcoming?

Constitution 101 classes will begin soon.

State officers, election officials, judges and, of course,
US Supreme Court Justices will be invited. Stay tuned for a
class near you. I suppose Washington DC should be first.

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 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