Category Archives: Election update

Election update

Obama FEC scandal, Ellen Weintraub commissioner since December 2002, Former Perkins Coie attorney, Robert Bauer Weintraub conflict of interest, Natural born citizen ruling, Can we expect a fair advisory opinion?

Obama FEC scandal, Ellen Weintraub commissioner since December 2002, Former Perkins Coie attorney, Robert Bauer Weintraub conflict of interest, Natural born citizen ruling, Can we expect a fair advisory opinion

“What if the country held an election and there was no one to make sure that candidates played by the rules — no agency that could issue regulations, write
advisory opinions or bring enforcement actions against those breaking the law?”
“The six-person FEC — three members from each party — enforces the rules it writes about how Americans are permitted to participate in politics. You
thought the First Amendment said enough about that participation? Silly you.”
“Four Senate Democrats decided to block the Republican, Hans von Spakovsky.”
“The Post wants von Spakovsky confirmed only to keep the FEC functioning. He is being blocked because four senators have put “holds” on his nomination. One of those four who might be responsible for preventing the FEC from being able to disburse taxpayer funds to Democratic presidential candidates Joe Biden, Chris Dodd and John Edwards is . . . Barack Obama.”…George Will, Washington Post December 11, 2007

“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 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

 

 

Obama FEC scandal.

Why is this so important?

Forget for a moment the other bias and chicanery associated with the FEC ( hard drive from IRS, etc. )

To the best of my knowledge, the FEC is the only federal government agency since 2008 to address the natural born citizen requirement for presidency in the US Constitution.

In Hassan v FEC they established that just being a US citizen is not enough. Hassan is a naturalized citizen and not eligible for matching federal funds.

They did not prohibit his running since they are only responsible for the monetary aspect.

What is significant about Ellen Weintraub being a commissioner?

1. She is a former Perkins Coie employee. You know, the law firm that made hundreds of thousands of dollars off of the Obama campaign, helped Obama keep records hidden via attorney Robert Bauer ( husband of Anita Dunn ) and requested an advisory opinion from the FEC in 2007 regarding Obama’s matching fund options.

2. Weintraub was a FEC commissioner in 2007 when the FEC provided the advisory opinion.

3. Weintraub was a commissioner in 2008 when the FEC rejected Philip J Berg’s plea for a ruling on Obama’s natural born citizen status.

4. Weintraub has been a commissioner since December 2002 despite her tenure of 6 years being exceeded.

5. Weintraub is a liberal Democrat.

6. Weintraub’s participation as a commissioner with the Perkins Coie ties to Obama is troubling.

7. Numerous articles have been written about Obama not replacing commissioners on the FEC, despite their terms running out, but I have found none other than my own questioning Ellen Weintraub being retained.

8. Why did Wikipedia make it appear like Weintraub began as a commissioner in 2008?

“Commissioners

Current

Name Position Appointed By Sworn In Term Expires
Lee E. Goodman Chair Barack Obama September 2013 April 30, 2015[7]
Ann M. Ravel Vice Chair Barack Obama September 2013 April 30, 2017[8]
Ellen L. Weintraub Commissioner George W. Bush June 2008 Expired — serving until replaced
Matthew S. Petersen Commissioner George W. Bush June 2008 Expired — serving until replaced
Caroline C. Hunter Commissioner George W. Bush June 2008 Expired — serving until replaced
Steven T. Walther Commissioner George W. Bush June 27, 2008 Expired — serving until replaced

http://en.wikipedia.org/wiki/Federal_Election_Commission

From the FEC.

“Ellen L. Weintraub took office as a Member of the United States Federal Election Commission (FEC) on December 9, 2002.  After an initial recess appointment, her nomination was confirmed by unanimous consent of the United States Senate on March 18, 2003.  Commissioner Weintraub has twice served as Chair of the Commission, for calendar years 2003 and 2013.

Prior to her appointment, Ms. Weintraub was Of Counsel to Perkins Coie LLP and a member of its Political Law Group. There, she counseled clients on federal and state campaign finance and election laws, political ethics, nonprofit law, recounts, and lobbying regulation. During the election contest arising out of the 1996 election of Senator Mary Landrieu (D-LA), Ms. Weintraub served on the legal team that advised the Senate Rules Committee. Her tenure with Perkins Coie represented Ms. Weintraub’s second stint in private practice, having previously practiced as a litigator with the New York law firm of Cahill Gordon & Reindel.”

http://www.fec.gov/members/weintraub/weintraubbio.shtml

 

From Citizen Wells December 21, 2012.

“From the FEC December 20, 2012.

“FEC ELECTS WEINTRAUB AS CHAIR FOR 2013;
McGAHN TO SERVE AS VICE CHAIRMAN

WASHINGTON – At its open meeting today, the Federal Election Commission elected Ellen L. Weintraub as Chair and Donald F. McGahn II as Vice Chairman for 2013.

Commissioner Weintraub took office on December 9, 2002, after receiving a recess appointment. She was renominated and confirmed unanimously by the United States Senate on March 18, 2003. Commissioner Weintraub previously served as Chair in 2003. Commissioner McGahn was nominated and confirmed unanimously by the United States Senate on June 24, 2008. He was elected Chairman on July 10, 2008 and served in that capacity until December 31 of that year.

Prior to her appointment to the Commission, Commissioner Weintraub was Of Counsel to Perkins Coie LLP and a member of its Political Law Group. Commissioner Weintraub had previously practiced as a litigator with the New York firm of Cahill Gordon & Reindel.

Before joining Perkins Coie, Commissioner Weintraub was Counsel to the Committee on Standards of Official Conduct for the U.S. House of Representatives (the House Ethics Committee). There, Commissioner Weintraub focused on implementing the Ethics Reform Act of 1989.  She was Editor in Chief of the House Ethics Manual and a principal contributor to the Senate Ethics Manual.

Commissioner Weintraub received her B.A., cum laude, from Yale College and her J.D. from Harvard Law School.

Commissioner McGahn took office on July 9, 2008. Prior to his appointment to the Commission, Commissioner McGahn served as head of McGahn & Associates PLLC, a Washington-based law practice specializing in election law. Commissioner McGahn also served as General Counsel to the National Republican Congressional Committee and as Counsel for the Illinois Republican Party.

Before joining the NRCC, Commissioner McGahn practiced law at Patton Boggs LLP in Washington, DC. Commissioner McGahn has been recognized for his significant pro bono work for the Lawyers’ Committee for Civil Rights Under Law. Prior to Patton Boggs LLP, Commissioner McGahn served as a judicial law clerk to the Honorable Charles R. Alexander of the Court of Common Pleas in Pennsylvania.

Commissioner McGahn attended the United States Naval Academy, the University of Notre Dame, Widener University School of Law and the Georgetown University Law Center.”

http://www.fec.gov/press/press2012/20121220newofficers.shtml

From Citizen Wells January 23, 2012.

WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?

PART 4

Obama, attorneys and Democrats control FEC

The devil himself could not have come up with a more devious plan.

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.
February 1,2007

Advisory Opinion Request: General Election Public Funding

From Obama attorney Robert Bauer to FEC

“This request for an Advisory Opinion is filed on behalf of Senator Barack Obama and the committee, the Obama Exploratory Committee, that he established to fund his exploration of a Presidential candidacy. The question on which he seeks the Commission’s guidance is whether, if Senator Obama becomes a candidate, he may provisionally raise funds for the general election but retain the option, upon nomination, of returning these contributions and accepting the public funds for which he would be eligible as the Democratic Party’s nominee.”

“cc: Chairman Robert Lenhard
Vice Chair David Mason
Commissioner Michael Toner
Commissioner Hans von Spakovsky
Commissioner Steven Walther
Commissioner Ellen Weintraub

Note, in the above advisory opinion request, Robert Bauer was a Perkins Coie attorney and Ellen Weintraub was a former Perkins Coie staff member.
March 1, 2007

FEC advisory opinion

From Robert D. Lenhard to Robert Bauer

“The Commission concludes that Senator Obama may solicit and receive private contributions for the 2008 presidential general election without losing his
eligibility to receive public funding if he receives his party’s nomination for President, if he (1) deposits and maintains all private contributions
designated for the general election in a separate account, (2) refrains from using these contributions for any purpose, and (3) refunds the private
contributions in full if he ultimately decides to receive public funds.”
December 11, 2007

George Will in the Washington Post writes.

“Paralyze The FEC? Splendid.”

“What if the country held an election and there was no one to make sure that candidates played by the rules — no agency that could issue regulations, write
advisory opinions or bring enforcement actions against those breaking the law?”

“The six-person FEC — three members from each party — enforces the rules it writes about how Americans are permitted to participate in politics. You
thought the First Amendment said enough about that participation? Silly you.

The FEC’s policing powers may soon be splendidly paralyzed.

Three current FEC members, two Democrats and one Republican, are recess appointees whose terms will end in a few days when this session of Congress ends –
unless they are confirmed to full six-year terms.

Four Senate Democrats decided to block the Republican, Hans von Spakovsky. Republicans have responded: “All three or none.” If this standoff persists until
Congress adjourns, the three recess appointments will expire and the FEC will have just two members — a Republican vacancy has existed since April. If so,
the commission will be prohibited from official actions, including the disbursement of funds for presidential candidates seeking taxpayer financing.”

The Post wants von Spakovsky confirmed only to keep the FEC functioning. He is being blocked because four senators have put “holds” on his nomination. One of those four who might be responsible for preventing the FEC from being able to disburse taxpayer funds to Democratic presidential candidates Joe Biden, Chris Dodd and John Edwards is . . . Barack Obama.”

http://www.washingtonpost.com/wp-dyn/content/article/2007/12/10/AR2007121001559.html?hpid=opinionsbox1
June 19, 2008.

“Obama to Break Promise, Opt Out of Public Financing for General Election”

“In a web video to supporters — “the people who built this movement from the bottom up” — Sen. Barack Obama, D-Illinois, announced this morning that he will not enter into the public financing system, despite a previous pledge to do so.”

“In November 2007, Obama answered “Yes” to Common Cause when asked “If you are nominated for President in 2008 and your major opponents agree to forgo private funding in the general election campaign, will you participate in the presidential public financing system?”
Obama wrote:

“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.”

http://abcnews.go.com/blogs/politics/2008/06/obama-to-break/

June 24, 2008

Senate confirms FEC Nominees.

From the Wall Street Journal.

“The Senate confirmed five new members to the Federal Election Commission, ending a bitter political battle that had hobbled the elections watchdog for
months.

But the Senate action came with a final twist: Republicans accused Democrats of delaying the confirmation vote one day to allow the Democratic National
Committee to file a lawsuit against the presidential campaign of Republican Sen. John McCain of Arizona.

The six-member elections agency had been without a quorum since December as Democrats objected to Republican nominee Hans Von Spakovsky for what they said was his partisan handling of voting-rights matters in his former job as a Department of Justice attorney. The dispute prevented the two parties from reaching an agreement to vote on any of the nominees.”

“Other commissioners confirmed Tuesday included Democrats Steve Walther and Cynthia Bauerly. The new Republican commissioners are Mr. Petersen, Don McGahn and Caroline Hunter. They join sitting commissioner Ellen Weintraub, a Democrat. The commission needs at least four members to take official action on election complaints, new campaign-financing rules and requests from campaigns for legal guidance.”

http://www.democracy21.org/index.asp?Type=B_PR&SEC=%7BAC81D4FF-0476-4E28-B9B1-7619D271A334%7D&DE=%7B620D20F2-742F-4979-B8D6-6597558A6716%7D

From Fox News.

“Since the beginning of the year, the commission has only had two members: Republican Chairman David Mason and Democrat Ellen Weintraub.”

August 18, 2008

From Citizen Wells FEC FOIA request.

The individual, redacted, is requesting an advisory opinion from the FEC on Obama’s eligibility to be president. An email was sent with the request. The
email provides information on why Obama is not eligible. It begins with

“It seems that Barack Obama is not qualified to be president, after all, for the following reason:”

It ends with

“Interesting! Now what? Who dropped the ball or are we all being duped? Who do you know whom you can forward this to who might be able to help
answer this question?”
August 21, 2008

Philip J Berg files lawsuit in Philadelphia Federal Court

Defendants: Obama, DNC, FEC

Obama is not a Natural Born Citizen and therefore ineligible to be President.
August 22, 2008

From Citizen Wells FEC FOIA request.

An email from David Kolker, FEC counsel, to Rebekah Harvey is certainly interesting. Rebekah Harvey was the assistant to Commissioner Ellen L. Weintraub . Prior to being appointed to the FEC, Weintraub was on the staff of Perkins Coie LLP and a member of it’s Political Law Group.

“Victory in Berg v. Obama”

August 27, 2008

Complaint served on the U.S. Attorney for DNC and FEC

August 27, 2008

From Citizen Wells FEC FOIA request.

FEC response to advisory opinion dated August 18, 2008.

“The Act authorizes the Commission to issue an advisory opinion in response to a complete written request from any person about a specific transaction or
activity that the requesting person plans to undertake or is presently undertaking.”

“your inquiry does not qualify as an advisory opinion request.”
November 11, 2008

“Obama to Most Likely Avoid FEC Audit”

“The Federal Election Commission is unlikely to conduct a potentially embarrassing audit of how Barack Obama raised and spent his presidential campaign’s record-shattering windfall, despite allegations of questionable donations and accounting that had the McCain campaign crying foul.

Adding insult to injury for Republicans: The FEC is obligated to complete a rigorous audit of McCain’s campaign coffers, which will take months, if not
years, and cost McCain millions of dollars to defend.

Obama is expected to escape that level of scrutiny mostly because he declined an $84 million public grant for his campaign that automatically triggers an
audit and because the sheer volume of cash he raised and spent minimizes the significance of his errors. Another factor: The FEC, which would have to vote to
launch an audit, is prone to deadlocking on issues that inordinately impact one party or the other – like approving a messy and high-profile probe of a
sitting president.

So, by declining public funding, Obama decreased the odds of an audit. And the FEC may not investigate due to political party affiliations of the FEC
commission members.”

http://obamashrugged.com/?p=267

May 1, 2009

“At midnight Thursday, the terms of Federal Election Commissioner Donald F. McGahn II (a Republican) and FEC Chairman Steven T. Walther (a Democrat) expired. Combined with Democrat Ellen L. Weintraub’s seat — she remains on the commission even though her term expired two years ago — President Obama has the opportunity to make his first three appointments to the six-member commission. Though FEC terms are set for six years, members are free to stay on until replacements are selected by the president and confirmed by the U.S. Senate.”

“Josh Zaharoff, deputy program director for Common Cause, argues that, short of complete overhaul, such a proposal would be the best way to ensure real
enforcement of election laws. The long-standing existing practice “ensures that the commissioners are likely to be loyal to their political party rather than
to election laws and the American people as a whole.”

After seven months without a quorum, the restocked FEC has drawn significant criticism from campaign-finance-reform advocates for its lack of serious,
independent enforcement. There have been a series of 3-3 deadlocks on key issues, resulting in a significant increase in the percentage of dismissed cases.”

http://www.iwatchnews.org/2009/05/01/2875/president-obama%E2%80%99s-opportunity-mold-fec
April 4, 2011

“More FEC Terms Expire, But Replacements Unlikely”

“The terms of Chairwoman Cynthia Bauerly (D) and Commissioner Matthew Petersen (R) expire at the end of April. The terms of Donald McGahn (R) and Steven Walther (D) expired almost two years ago.

The longest-serving commissioner is Ellen Weintraub (D), whose term expired almost four years ago. The only commissioner who will be serving an unexpired term at the end of the month is Republican Caroline C. Hunter, whom Bush nominated in 2008, for a term that expires in April 2013.

Further complicating the confirmation process is a large list of pending issues before the FEC that will affect Obama’s own re-election campaign.
One of the biggest issues is how the FEC will write new rules in the wake of the Supreme Court’s Citizens United ruling, which would set boundaries for how
hundreds of millions of dollars can be spent by third parties in the presidential election and Congressional campaigns. The issue was so important to Obama
that he admonished the Supreme Court a few days after its decision in the case during his 2010 State of the Union address.”

http://www.rollcall.com/issues/56_105/-204592-1.html?zkMobileView=true
April 16, 2011

“FEC Launches Audit Of Obama’s 2008 Campaign”

“The FEC’s decision to audit the campaign is not surprising, given that it was the largest federal campaign in history, raising more than $750 million in
receipts. If Obama’s campaign were not audited, it would have been the first presidential nominee’s campaign to escape such scrutiny since the public
financing system was created in 1976.

The potential for the FEC’s audit became increasingly more likely as the FEC questioned some of Obama campaign filings. In all, the FEC wrote 26 letters to
Obama for America warning the campaign that if it did not adequately respond to the agency’s questions that it “could result in an audit or enforcement
action.””

“As of the end of March, Obama for America had spent nearly $3 million on legal fees since the 2008 election. In all, the president’s campaign spent three
times more on lawyers after Election Day than in the two years preceding it.

The lion’s share of Obama’s legal spending went to Perkins Coie, a well-known Democratic legal and accounting firm. Perkins Coie is representing the Obama
campaign in all major legal matters, including seven of the FEC’s known investigations involving the White House bid. In each of these cases, the FEC voted to dismiss the case or found “no reason to believe” that the Obama for America or related committees had violated any laws.

Perkins Coie may be also representing Obama for America in the FEC’s spending investigation of a Republican National Committee complaint. A few weeks before the election, the RNC alleged that Obama’s campaign accepted donations from foreign nationals, received contributions that had exceed limits and submitted fictitious donor names to the agency. The status of this investigation is unknown, though the FEC confirmed it received the complaint.”

http://www.rollcall.com/news/FEC-Launches-Obama-Campaign-Audie-205014-1.html
Jan 12, 2012

“Election Watchdogs Assail Obama on FEC Appointments”

“The groups are demanding that Obama shake up the board of commissioners at the Federal Election Commission, the only agency able to enforce campaign laws.
They say political divisions among the agency’s panel of six leaders have rendered it toothless.

“The bottom line is nothing can happen to change the commission unless the White House names new commissioners, and they are refusing to do so,” said Fred Wertheimer, president of Democracy 21, a nonpartisan advocacy group. “The result is going to be an election with no enforcement.””

http://abcnews.go.com/blogs/politics/2012/01/election-watchdogs-assail-obama-on-fec-appointments/

Why would Obama, as we know him, replace the FEC board. Since early 2007, Obama has been shielded by Robert Bauer and Ellen Weintraub. That’s right, as you read above, Weintraub is still on the FEC board, four years after her term expired. And don’t forget, after Obama secured the White House, he hired Robert Bauer as general counsel. Bauer has since returned to Perkins Coie to continue helping Obama keep his records hidden.

This is a clear conflict of interest!!!

And what about attorney ethics?

As stated above, Robert Bauer knew about Obama’s natural born citizen deficiency in February of 2007 and yet he filed a request for an advisory opinion on Obama’s behalf regarding Federal Matching Funds. This is fraud!

From Citizen Wells June 2, 2011.

“From the American Bar Association.

“A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent””

“Model Rules of Professional Conduct
Maintaining The Integrity Of The Profession
Rule 8.4 Misconduct”

“It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice;

(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional
Conduct or other law; or

(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.”

https://citizenwells.wordpress.com/2012/12/21/ellen-l-weintraub-elected-fec-chair-former-perkins-coie-counsel-robert-bauer-obama-2007-matching-funds-advisory-opinion-obama-controls-fec/

 

Ted Cruz eligible for presidency?, Ted Cruz natural born citizen?, Cruz a patriot?, Ted Cruz advisory opinion from FEC, Natural born citizen not citizen, Naturalized citizen Abdul Hassan not eligible

Ted Cruz eligible for presidency?, Ted Cruz natural born citizen?, Cruz a patriot?, Ted Cruz advisory opinion from FEC, Natural born citizen not citizen, Naturalized citizen Abdul Hassan not eligible

“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 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

 

 

To be president of the US one must be a natural born citizen, not just a citizen and not a naturalized citizen.

Is Ted Cruz a natural born citizen?

Based on my understanding the answer is no.

Ted Cruz was born in Canada and had only one US citizen parent.

Is Ted Cruz a patriot?

I believe so.

For the good of the country I am requesting that Ted Cruz, at the earliest possible moment, request an advisory opinion from the FEC about his eligibility for Federal Matching funds and therefore the presidency.

The FEC will be compelled to provide an advisory opinion about whether or not he is a natural born citizen.

This will be important for two reasons.

Ted Cruz needs to know early if his efforts are worthwhile and not counterproductive.

We need a ruling on this. Every government entity that should provide guidance on the definition of natural born citizen has passed the buck, including the US Supreme Court. The courts and congress have shirked their constitutional duty.

There are 2 important instances of an advisory opinion from the FEC on matching funds.

1. Attorney Robert Bauer of Perkins Coie on behalf of Barack Obama in 2007.

From Citizen Wells January 23, 2012.

“WHY DID OBAMA REFUSE MATCHING FUNDS IN 2008?

PART 4

Obama, attorneys and Democrats control FEC

The devil himself could not have come up with a more devious plan.

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.
February 1,2007

Advisory Opinion Request: General Election Public Funding

From Obama attorney Robert Bauer to FEC

“This request for an Advisory Opinion is filed on behalf of Senator Barack Obama and the committee, the Obama Exploratory Committee, that he established to fund his exploration of a Presidential candidacy. The question on which he seeks the Commission’s guidance is whether, if Senator Obama becomes a candidate, he may provisionally raise funds for the general election but retain the option, upon nomination, of returning these contributions and accepting the public funds for which he would be eligible as the Democratic Party’s nominee.”

“cc: Chairman Robert Lenhard
Vice Chair David Mason
Commissioner Michael Toner
Commissioner Hans von Spakovsky
Commissioner Steven Walther
Commissioner Ellen Weintraub

Note, in the above advisory opinion request, Robert Bauer was a Perkins Coie attorney and Ellen Weintraub was a former Perkins Coie staff member.
March 1, 2007

FEC advisory opinion

From Robert D. Lenhard to Robert Bauer

“The Commission concludes that Senator Obama may solicit and receive private contributions for the 2008 presidential general election without losing his
eligibility to receive public funding if he receives his party’s nomination for President, if he (1) deposits and maintains all private contributions
designated for the general election in a separate account, (2) refrains from using these contributions for any purpose, and (3) refunds the private
contributions in full if he ultimately decides to receive public funds.””

June 19, 2008.

“Obama to Break Promise, Opt Out of Public Financing for General Election”

“In a web video to supporters — “the people who built this movement from the bottom up” — Sen. Barack Obama, D-Illinois, announced this morning that he will not enter into the public financing system, despite a previous pledge to do so.”

“In November 2007, Obama answered “Yes” to Common Cause when asked “If you are nominated for President in 2008 and your major opponents agree to forgo private funding in the general election campaign, will you participate in the presidential public financing system?”
Obama wrote:

“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.”

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/

2. Abdul Hassan, a naturalized citizen, requested an advisory opinion in 2012.

From Citizen Wells March 11, 2013.

“From the FEC March 11, 2013.

APPEALS COURT ISSUES PER CURIAM ORDER IN HASSAN v. FEC

WASHINGTON – The United States Court of Appeals for the District of Columbia Circuit today issued its Per Curiam Order inHassan v. FEC (Case 1:11-cv-02189-EGS). The text of the Order may be found here: (http://www.fec.gov/law/litigation/hassan_ac_order2.pdf).

Background.

From Citizen Wells October 1, 2012.

“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.””

https://citizenwells.wordpress.com/2013/03/11/abdul-karim-hassan-vs-federal-election-commission-march-11-2013-u-s-court-of-appeals-per-curiam-order-hassan-not-natural-born-citizen/

This is important.

I urge you to contact Ted Cruz with this important information.

 

NC state Democratic lawmaker switching party affiliation, State representative Paul Tine of Kitty Hawk, Fiscal conservative, Disenchantment with state Democratic Party, Democrats increasingly moved to the left

NC state Democratic lawmaker switching party affiliation, State representative Paul Tine of Kitty Hawk, Fiscal conservative, Disenchantment with state Democratic Party, Democrats increasingly moved to the left
“NC rejected Obama in the 2012 presidential election.
By now you know that Thom Tillis defeated Kay Hagan. Another rejection of Obama and his policies.
You may have heard that David Rouzer won the NC 7th Congressional District seat.
What you probably did not hear was that Rouzer is the first Republican to win that seat since 1868.”…Citizen Wells November 5, 2014

“It’s easy to look back and realize what a jerk Hitler was. But at the time, Hitler looked pretty good to the German people, with the help of the media. He was TIME Magazine’s Man Of The Year in 1938. The German people assumed they were safe from a tyrant. They lived in a Republic, after all, with strict laws regarding what the government could and more importantly could not do. Their leader was a devoutly religious man, and had even sung with the boy’s choir of a monastery in his youth.”…whatreallyhappened.com

“Freedom is the freedom to say that two plus two make four. If that is granted, all else follows.”…George Orwell, “1984″

From the News Observer January 7, 2015.

“State Democratic lawmaker switching party affiliation”

“In an unusual move announced Wednesday, state Rep. Paul Tine of Kitty Hawk is changing his party affiliation from Democrat to unaffiliated in hopes of getting more done for his district in the upcoming legislative session, which begins next week.

Tine, a 43-year-old insurance company owner, would become the only unaffiliated member of the General Assembly. He said Wednesday in an interview with the Insider that he also hoped to participate in Republican House caucus meetings throughout the session, meaning he would have a front-row seat as the GOP majority discussed proposed legislation and other issues behind closed doors. House Republicans are expected to decide Friday whether to allow him to participate, but the House leadership is on board and the vote appears to be a formality.

His switch to unaffiliated would leave Democrats with only 45 of 120 seats in the House.

Tine said he believed siding with Republicans would help him better represent his district and be part of shaping legislation rather than reacting to it. He begins his second House term next week, representing four heavily Republican counties in eastern North Carolina – Dare, Hyde, Washington and part of Beaufort. He said the district has significant poverty, transportation and education issues, along with high homeowners’ insurance rates.

“As an independent that is working with the Republican majority, I think I can get more done for a district that needs a lot of attention,” he said.

Tine, who has been a registered Democrat since age 18, considers himself fiscally conservative and a moderate legislator who believes government should stay out of people’s lives as much as possible. He expressed disenchantment with the state Democratic Party, which lost legislative majorities four years ago and since then has had well-documented troubles in leadership and in trying to win back state legislative seats. Tine suggested the party has increasingly moved to the left and that he no longer feels at home there.”

Read more:

http://www.newsobserver.com/2015/01/07/4457375/state-democratic-lawmaker-switching.html

H. Brooke Paige V Vermont, May 15, 2014, Obama natural born citizen challenge, US Supreme Court, Courts and states abrogated duties, Judge Moore Circuit court should have granted the petition for a writ of mandamus

H. Brooke Paige V Vermont, May 15, 2014, Obama natural born citizen challenge, US Supreme Court, Courts and states abrogated duties, Judge Moore Circuit court should have granted the petition for a writ of mandamus

 

“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.”…Citizen Wells, March 23 2014

Thursday, May 15, 2014, the US Supreme Court will decide whether or not they will take on the appeal from the Vermont courts of H. Brooke Paige in Paige V Vermont. A challenge of Barack Obama’s natural born citizen status.

The SCOTUS should have clarified what a natural born citizen is in 2008 when Obama was first challenged.

Sadly they did not and since thrn have continued to abrogate their responsibilities.

Sadly again I expect them to pass the buck.

From H. Brooke Paige April 24, 2014.

“Wells,

Current “scoop” at: http://www.supremecourt.gov/docket/docket.aspx  docket
13-1076 additional information appears at:
https://certpool.com/dockets/13-1076 where the case will be shown as
scheduled for conference when a date is set (no sooner than 14 days after
date set for response).

The State filed a response waver March 26th, if the case passes muster in
the conference, SCOTUS would request that the State file a response – in
the absence of which the case would proceed on the merits outlined in my
writ.

Another Vermont SCOTUS case just after mine – Daniel Brown v Vermont,
State filed response waver on was received on April 4th with the case
“distributed” on April 16th for the conference on May 2nd.
https://certpool.com/dockets/13-1113, the conference schedule is found at:
https://certpool.com/conferences/2014-05-02

I suspect that SCOTUS is awaiting “candidate Obama’s” response
(required by April 9th) before scheduling the case for conference. All
cases are considered in conference.

For now patience seems in order – the conference review is the
“gatekeeper” for SCOTUS cases – the “rule of four” decides which cases
will proceed – possibly on the May 22 or 29
http://www.supremecourt.gov/oral_arguments/2013termcourtcalendar.pdf

Thank You for Your Continued Interest,

Brooke”

AL Chief Justice Roy Moore in the recent Alabama Supreme Court ruling stated:

“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.”

 

Massive NC voter fraud discovered, Over 35 thousand voters same first and last name DOB registered in NC and another state voted in 2012, Senate Leader Phil Berger and rep Thom Tillis

Massive NC voter fraud discovered, Over 35 thousand voters same first and last name DOB registered in NC and another state voted in 2012, Senate Leader Phil Berger and rep Thom Tillis

“On Monday June 23rd, 2008 the SBI initiated an investigation into allegations that employees of the Alamance County Health Department specifically Dr.
Kathleen Shapley-Quinn and Nurse Karen Saxer were knowingly and willingly falsifying patient medical records.”
“At the request of some patients, Alamance County Health Department provided work notes and prescriptions in alias names. Providing these services would assist illegal aliens with maintaining assumed or stolen identities, which may be a violation of state, or federal law. (Identity Theft, Fraud, etc.)”
“Veronica Arias, of Texas, reported on May 2nd, 2008 to the ACSO that someone in Swepsonville, NC had stolen her identity and was using same to be employed.
Maria Sanchez was arrested on May 6, 2008 by investigators of the Alamance County Sheriff’s Office for stealing and using the identity of Veronica Arias.
Sanchez used the name, SSN, DOB, of Veronica Arias who is a living resident of Texas.”…Alamance County NC Sheriff 2008 report
“North Carolina is the latest state featured by Project Veritas in its series on how America’s electoral system is extremely vulnerable to voter fraud. During last week’s North Carolina primary, James O’Keefe and his colleagues demonstrated how easy it is to obtain ballots even if the person has publicly professed not to be a U.S. citizen.”
O’Keefe also tells WND about his group’s visit to the University of North Carolina, where a dean and a program director laugh off confessions of voter fraud and even seem to encourage it. Yet a day later, both officials tell conservatives that voter fraud never happens.”…WND May 15, 2012

“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 Phil Berger for Senate April 2, 2014.
“Tillis, Berger Issue Joint Statement On Newly Discovered, Alarming Evidence Of Voter Error And Fraud”

“Raleigh, N.C. – House Speaker Thom Tillis (R-Mecklenburg) and Senate Leader Phil Berger (R-Rockingham) issued a joint statement Wednesday in response to more alarming evidence of voter error and fraud discovered by the North Carolina State Board of Elections.

Initial findings from the Board presented to the Joint Legislative Elections Oversight Committee today show:

  • 765 voters with an exact match of first and last name, DOB and last four digits of SSN were registered in N.C. and another state and voted in N.C. and the other state in the 2012 general election.
  • 35,750 voters with the same first and last name and DOB were registered in N.C. and another state and voted in both states in the 2012 general election.
  • 155,692 voters with the same first and last name, DOB and last four digits of SSN were registered in N.C. and another state – and the latest date of registration or voter activity did not take place within N.C.

These findings only take into account data from the 28 states who participated in the 2014 Interstate Crosscheck, leaving out potential voter error and fraud in the 22 states that do not participate in the consortium.

Additionally, during an audit of death records from the Department of Health and Human Services, the Board discovered:

  • 50,000 new death records that had not previously been provided to the State Board of Elections.
  • 13,416 deceased voters on the voter rolls in October 2013.
  • 81 deceased voters that had voter activity after they died.

The findings were made possible by a new election reform law passed by the General Assembly last year, which called on the Board to improve the accuracy of voter registration lists and combat potential fraud by cross checking information on voting records with those of other states.

“While we are alarmed to hear evidence of widespread voter error and fraud, we are encouraged to see the common-sense law passed to ensure voters are who they say they are is working,” said Tillis and Berger. “These findings should put to rest ill-informed claims that problems don’t exist and help restore the integrity of our elections process. We appreciate the State Board of Elections bringing this critical information to light.””

http://philberger.com/news/entry/tillis-berger-issue-joint-statement-on-newly-discovered-alarming-evidence-of-voter-error-and-fraud

From Citizen Wells December 11, 2012.

“How Obama stole the 2012 election was not a either or scenario. It wasn’t just voter fraud or absentee military ballots not counted or the Santa Claus appeal or the organizing strategy of the Obama Campaign or the massive record breaking contributions. It was a combination of those efforts.

I do not yet have a number for absentee military who were disenfranchised. I know for a fact, however, that they were not given a fair chance. I recently spoke to a family member who was in Iraq in 2008. He did not receive a ballot then.

Are you aware that there are over 800,000 undocumented aliens in Florida alone? In the period leading up to the 2008 election there was so much confusion on the part of social workers about illegal aliens and providing them with voter registration forms in Alamance County NC (just east of Greensboro), that the Sheriff’s Dept. documented the controversies in a paper. The Alamance Sheriff’s Dept. has subsequently been harassed by the US Justice Dept. for their efforts to uphold the law.

Obama and the Democrat party have done their best to permit illegal immigration and are now in the process of making them legal to broaden their voter base even more.

From The Examiner December 10, 2012.

“President Obama carried 70 percent of the Latino vote”

“Obama will introduce his own immigration reform proposal in January or February, and people familiar with the president’s plan say it will probably mirror a 2007 Democratic bill that would provide a path to citizenship for nearly all of the immigrants now in the country illegally, which some estimates put as high as 20 million people. That goes much further in dealing with illegal immigrants than Republicans have ever been willing to go, but Obama is betting that a newly chastened GOP will be more willing to negotiate.”

Read more:

http://washingtonexaminer.com/gop-embraces-immigration-reform-in-appeal-to-hispanic-voters/article/2515586#.UMcnSoP7LhI

Forget the popular vote spread between Obama and Romney. There were literally just a handful of counties in Ohio, Pennsylvania, Florida and Virginia that decided the election based on the electoral college. The useless states of California and New York accounted for the popular vote spread.

WND has presented an excellent article on how Obama stole the 2012 election.

From WND December 10, 2012.

“DID OBAMA STEAL THE 2012 ELECTION?”

“Following Barack Obama’s re-election, accusations from some quarters have held that his campaign stole the election through vote fraud. Others claim no vote fraud occurred, and that the election victory resulted from the Obama campaign’s vastly superior get-out-the-vote effort. One RedState diarist has even gone so far as to announce that commenters complaining that the election was stolen will be banned from the site.

With all of the swirling allegations, where does the truth lie? While there have been many proven cases of vote fraud in previous elections, and many credible allegations of fraud in this election cycle, was the cumulative total of all fraud sufficient to throw the election for Obama? After all, Obama’s team ran an intensely focused, highly organized get-out-the-vote effort. Republican efforts were, by comparison, disorganized and nowhere near as comprehensive or sophisticated.

Still, members of the president’s team did everything possible to rig the game in their favor. They took liberties with the law Republicans would never dare attempt and obstructed voter-integrity efforts at every turn, while the vast political-media-entertainment-education-union-nonprofit complex went all in to promote Obama’s narrative.

Democrats and their media allies also engaged in what has fairly been described as a dishonest and “vicious” campaign to discredit the Republican nominee while steadfastly  shielding the administration from its many scandals. Any of these could have sunk Obama’s reelection prospects had the media reported them with the enthusiasm they showed in attacking and spreading disinformation about Romney.

When it comes to outright vote fraud, however, let’s examine first those allegations with the greatest potential for skewing election results.

100 percent vote for Obama

In some inner city precincts, Obama garnered between 98 and 100 percent of the vote. This was most frequently noted about Philadelphia, Pa., and Cleveland, Ohio. Incredulous observers stated, “Third world dictators don’t even get 99 percent of the vote.” Rush Limbaugh quipped, “I mean, the last guy that got this percentage of the vote was Saddam Hussein, and the people that didn’t vote for him got shot.”

But these statements confuse turnout with votes. In communist countries like Saddam’s Iraq, every voter is indeed required to vote for the one choice on the ballot, and participation is close to 100 percent all the time. However, in U.S. elections, turnout has run at about 60 percent for the past three presidential races.”

“Does this mean that vote fraud didn’t occur in these locations? No, but if it did, it was likely not enough to throw the election. One issue that warrants a closer look, however, is absentee ballots. In Ohio, 29.5 percent of the vote came through absentee ballots in 2008 (2012 results are not finalized yet). In Cuyahoga County in 2012, absentee ballots made up 40.5 percent of the total.

According to the New York Times, use of absentee ballots nationwide has tripled since 1980 and now stands at about 20 percent of total ballots cast. The Times notes, “While fraud in voting by mail is far less common than innocent errors, it is vastly more prevalent than the in-person voting fraud that has attracted far more attention, election administrators say.”

Absentee ballots are particularly vulnerable to vote fraud. In one notorious recent case in upstate Troy, N.Y., eight local Democrat politicians were indicted and four have pleaded guilty to falsifying absentee ballots. This was a local election and these politicians won their seats before getting caught. Anthony DeFiglio, a Democratic committeeman who pleaded guilty, said that absentee ballot fraud was a “normal political tactic”:

[It is] an ongoing scheme and it occurs on both sides of the aisle. The people who are targeted live in low-income housing and there is a sense that they are a lot less likely to ask any questions… What appears as a huge conspiracy to nonpolitical persons is really a normal political tactic.

Bob Mirch, the former Republican legislator who first discovered this fraud, said, “It’s an insider game. It takes insiders to do it, and I think it takes insiders to catch those who try to steal the election. … It’s easy to do it and yes, it’s easy to not get caught …” Frank LaPosta, a former Troy, N.Y., city council president said he got run out of the Democratic Party for speaking out against the vote fraud.”

“Just the same, it is clear that Democrats are up to something at inner city polls. Their eye-popping – and illegal – stonewalling of poll watchers strongly suggests nefarious activity. The left’s nationwide campaign to discredit voter integrity efforts as “voter suppression” and their obstinate battle against voter ID laws only serve to reinforce this impression. Following are a few examples of realvoter suppression and threats to voter integrity that occurred in 2012:

  • 75 GOP vote inspectors were ordered to leave Philadelphia poll locations by Democrat poll judges. One judge was caught on audio. A court order sent them back but who knows what went on while they were gone? These poll locations were all within the 59 precincts where Romney received no votes.
  • In Philadelphia, the Community Voters Project, an ACORN clone that employs some former ACORN workers, shredded Republican voter registrations. This is not the first time they have been in trouble.
  • The Florida AFL-CIO threatened True the Vote and Tampa Fair Vote with legal action for submitting voter registration challenges.
  • Maryland Representative Elijah Cummings issued a highly publicized threat against True the Vote and Election Integrity Maryland just for checking voter rolls. EIM found 11,000 questionable registrations, including 1,566 dead voters. The Maryland Board of Elections took no action.
  • Cummings also attacked the Ohio Voter Integrity Project with the same baseless claims.
  • Think Progress falsely claimed True the Vote was “under investigation” by Rep. Cummings, when in fact he has no legal authority to do so.
  • Despite overwhelming nonpartisan public support for voter ID laws, Attorney General Eric Holder’s Justice Department and liberal jurists have delayed, emasculated or defeated ID laws in Texas, Wisconsin, South Carolina, Arizona and Pennsylvania.
  • Holder has vowed to fight voter ID laws as restricting voters’ rights.
  • The Obama administration “spiked investigations” of eight states that had major voter roll problems.
  • The Holder Justice Department conspired with Project Vote on National Voter Registration Act (aka Motor Voter) enforcement lawsuits, which force state and local agencies to become, essentially, low income voter registration drives.
  • In 2009 DOJ announced to its attorneys that it would not enforce voter roll maintenance laws because it wouldn’t increase voter turnout.

“Finally, whatever the actual level of voter fraud that occurred in the 2012 election, the potential for future fraud is truly staggering. Pew Research Center published a report revealing election rolls in a shambles nationwide. They found:

  • 24 million invalid or inaccurate voter registrations
  • 1.8 million deceased voters
  • 2.75 million registered in multiple states.

As noted earlier, Cloward and Piven’s Motor Voter law is responsible for much of this mess.

James O’Keefe’s Project Veritas found 30,000 dead voters still on the rolls in North Carolina, a state Obama won by only 14,000 votes in 2008.”

“llegal alien voting

Glenn Cook of the Las Vegas Review Journal reported in early November that illegal aliens were being pressured, even threatened, by Culinary Union Local 226, to register and vote. Cook related the story of two illegals who told him about it. In Florida, an NBC investigative report found that illegals were registered to vote and indeed have been voting.

This year, immigration officials uncovered a massive document fraud ring operating in Baltimore that has provided thousands of fraudulent driver’s licenses, green cards and Social Security cards to illegals for years. Such documents are apparently easy and inexpensive to obtain.

DHS believes about one-third of illegals in the U.S. are people who have simply overstayed their visas. Many of these people could have obtained driver’s licenses while still legal. Since licenses typically expire after a much longer period, it is reasonable to assume many of these people could be registered to vote.

Because of the National Voter Registration Act (Motor Voter), anyone who obtains a new driver’s license is automatically registered to vote. Furthermore, the NVRA does not require voting officials to verify proof of citizenship when people register. In states where illegals can obtain driver’s licenses, including California, Washington, New Mexico and Utah, they are likely already registered to vote. How many illegals actually vote on a systematic basis is not known, but many do.

In fact, Colorado Secretary of State Scott Gessler found that about 5,000 Colorado illegals voted in the 2010 midterm elections and 12,000 were registered to vote. In 2012, he sent letters to 3,900 people identified as potentially illegal voters. Gessler’s office intends to conduct a thorough statewide analysis once all results are official.

These illegal voters should obviously not be ignored. They could spell the difference between victory and defeat in many cases.

One aspect of Colorado’s voting history merits especially close scrutiny. Colorado has an approximately equal number of registered Republicans (1,157,373) and Democrats (1,151,198). Historically, unaffiliated voters in Colorado have numbered roughly the same. Between 2008 and 2012, however, their numbers grew by a whopping 23 percent, some 248,000 people. Unaffiliated voters, now numbering 1.3 million, are the largest single voting bloc in Colorado. Who are these people?

According to the U.S. Census Bureau, between 2000 and 2010 Colorado’s population grew by 728,000. Fully 42 percent of these were Hispanic and almost all, 303,000, were of Mexican descent. A Gallup poll shows that Hispanics in general (52 percent), but immigrants especially (60 percent), tend to identify as independent. Yet most affiliate with Democrats (52 percent) versus Republicans (23 percent).

How many of these were illegal, and how many of them voted? A study on illegal immigrant demographics by the Center for Immigration Studies estimates Colorado’s illegal population at 167,000, so to pin Obama’s Colorado win on illegals alone would require almost all of these to have registered and voted.

According to the Colorado Secretary of State’s office, Coloradan voters must show a state-issued ID if they have one; if not, a utility bill or Social Security number will suffice. It is likely that some illegals voted and could have contributed to Obama’s victory, but it is unreasonable to assume a large scale illegal vote would have gone unnoticed. Gessler’s observation of a few thousand illegal voters is much more realistic.

Obama’s Colorado win was, however, secured with the unaffiliated vote, and many of these were Hispanic. According to Latino Decisions, an election eve poll claimed that 87 percent of Latinos in Colorado supported Obama over Romney. Nationwide, they found that the GOP was supported by only 25 percent of Hispanics. An October 2012 Pew Hispanic Center poll showed only 21 percent of Hispanics supporting Romney to 69 percent for Obama.

Despite Republican post-election hand-wringing, this is not likely to change much with any kind of concessions to the Hispanic community.

The reasons are straightforward and not dependent upon immigration reform. According to the CIS study, 57 percent of illegals in the U.S. live at or near poverty. Granted amnesty, would this group suddenly embrace the entitlement-reform-minded Republican Party en masse? Who would get credit for amnesty in their minds, Democrats, or the Republicans they dragged to the table? The very act of Republicans “conceding” to Democrats on amnesty and immigration “reform” declares Democrats the victors.

More relevant are the sentiments among legal immigrants and Hispanic U.S. citizens. According to CIS, well over 60 percent of legal immigrants from Mexico and Central American countries – i.e. the vast majority of Hispanic immigrants – live near or in poverty. Among U.S. born Hispanics, 50 percent of households with children are led by single mothers, 55 percent of households with children utilize welfare, and 45 percent of all Hispanic households pay no income tax.

They will probably not be voting Republican anytime soon.”

I URGE YOU TO READ THE ENTIRE ARTICLE HERE:”

http://citizenwells.wordpress.com/2012/12/11/did-obama-steal-2012-election-voter-fraud-santa-claus-effect-absentee-military-ballots-voting-machine-malfunctions-illegal-aliens-voting-illegal-contributions/

 

Thanks to commenter Jonah.

 

 

AL Supreme Court McInnish V Chapman, Justice Bolin concurrence opinion flawed, Status quo tradition and pass the buck, States control presidential election to electoral certification, Qualified candidates on ballot

AL Supreme Court McInnish V Chapman, Justice Bolin concurrence opinion flawed, Status quo tradition and pass the buck, States control presidential election to electoral certification, Qualified candidates on ballot

“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

 

 

I still do not know how to take the concurrence opinion from Justice Bolin in the AL Supreme Court McInnish V Chapman decision.

It is still a bit surreal.

On the one hand, Justice Bolin agrees that the disired result is qualified candidates with any difficiencies discovered by the state. I.E. an ounce of
prevention is worth a pound of cure. He also states that the Alabama legislature should pass laws to facilitate this.

On the other hand, he (in sync with most of the nation) passes the buck, abrogating the responsibility of the state of AL to place a qualified candidate on
the ballot. This is in direct contradiction to the US Constitution as well as federal and state election laws. This is well clarified by Chief Justice Moore.

Most law school graduates are intelligent and take a rigorous course of study.

Perhaps all do not take logic 101.
I will address the “High spots” of what Justice Bolin wrote and why I believe that he erred.

Justice Bolin:

“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.”

The following AL election statute seems clear to me.

“Section 17-13-6

Only qualified candidates to be listed on ballots.

The name of no candidate shall be printed upon any official ballot used at any primary election unless such person is legally qualified to hold the office
for which he or she is a candidate and unless he or she is eligible to vote in the primary election in which he or she seeks to be a candidate and possesses
the political qualifications prescribed by the governing body of his or her political party.”

Justice Bolin:

“The evidence suggests that the Secretary of State had expressed to the plaintiffs and their representatives well prior to the primary and as early as February 2, 2012, that she had no duty to investigate the eligibility qualifications 3 of a presidential candidate. Barack Obama was nominated as
his party’s presidential candidate at the Democratic National Convention on September 5, 2012. For this election, ballots were required to be printed and delivered to the absentee election manager of each county by at least September 27, 2012. See § 17-11-12, Ala. Code 1975. The plaintiffs did not
file their petition challenging Barack Obama’s ballot access until October 11, 2012, approximately eight months after being apprised of the Secretary of State’s position that she had no affirmative duty to investigate and two weeks after the ballots were to be printed and delivered to the various
counties. The failure by the plaintiffs to at least file their petition challenging ballot access during the intervening time between Barack Obama’s nomination as his party’s presidential candidate and the time in which the ballots were due to be printed and delivered to the various counties constitutes, I believe, “inexcusable delay” on the part of the plaintiffs. The prejudice that would have ensued from such a late challenge, if successful, would have been
twofold: first, assuming it could have been accomplished from a practical standpoint, the reprinting and distribution of general-election ballots would have come, at that late date, at great financial cost to the State; and second, and just as important, the reprinted ballots would differ from absentee
ballots already sent to the members of our military and other citizens overseas. This would not be a proper way to conduct such an important election.”

Justice Bolin seems more concerned about a CYA for the Secretary of State than in upholding the constitution.

From the McInnish V Chapman Writ of Mandamus.

“13. On February 2,2072 Plaintiff MCINNISH, together with his attorney and others, visited the Office of the Secretaryo f State,a t which the Hon. Emily
Thompson,Deputy Secretaryo f State,speaking in the absence of and for the Secretary of State, s tated that her office would not investigate the legitimacy of
any candidate ,thus violating her duties under the U.S. and Alabama Constitutions.”

The AL Secretary of State’s office was forewarned.

If the AL Secretary of State had reacted in a responsible, constitutional way, minimally the Attorney General could have been consulted and simple steps
taken to remedy the situation. The plaintiffs were forced to file the Writ of Mandamus. The state of urgency was created by the state of AL. Justice Bolin
attempts to lay the blame on the plaintiffs.

None of the concerns Justice Bolin stated related to upholding the constitution.

“This would not be a proper way to conduct such an important election.”

What about the thousands of disenfranchised voters casting votes for a disqualified candidate?

Justice Bolin:

“Moving beyond the merits of the matter before us, and
with due regard to the vital importance to the citizenry of
the State of Alabama that the names of only properly qualified
candidates appear on a presidential-election ballot for
election to the highest office in our country, I write
specially to note the absence of a statutory framework that
imposes an affirmative duty upon the Secretary of State to
investigate claims such as the one asserted here, as well as
a procedure to adjudicate those claims. The right of a lawful
and proper potential candidate for President to have ballot
access must be tempered and balanced against a clear process
for removal of an unqualified candidate. Nothing in this
process should be left to guesswork, or, with all proper
respect, to unwritten policies of the Secretary of State, and
certainly not without a disqualified candidate having a clear
avenue for judicial review consistent with the time
constraints involved and due-process considerations.”

Nothing in this process should be left to guesswork ???

That is exactly the situation we had in 2008 and 2012. The states abrogating their responsibilities with the last check of checks and balances being the
certification of electoral votes by congress. Congress failed in their duty despite being notified.

Talk about guesswork!

Justice Bolin:

“The general duties and scope of the Secretary of State’s
office are codified in § 36-14-1 et seq., Ala. Code 1975.
Section 17-1-3, Ala. Code 1975, provides that the Secretary of
State is the chief elections official in the State and, as
such, shall provide uniform “guidance” for election
activities. It is, however, a nonjudicial office without
subpoena power or investigative authority or the personnel
necessary to undertake a duty to investigate a nonresident
candidate’s qualifications, even if such a duty could properly
be implied.”

What is his point? There were multiple avenues open to the Secretary of State. The AL Attorney General could have been queried and if necessary a
clarification from the courts. The Secretary of state “shall provide uniform ‘guidance'” and “Only qualified candidates to be listed on ballots.” Do your job
and let others do theirs. The common sense analogy is from the business world. Managers are responsible but delegate or refer tasks to the appropriate
personnel.

Justice Bolin:

“These sections, when read together, require only that the
Secretary of State certify and include on the general-election
ballot those presidential candidates who have been nominated
by their respective parties following that party’s national
convention and who are otherwise qualified to hold the office
of President. However, nothing in the express wording of
these statutory provisions imposes upon the Secretary of State
the duty to affirmatively investigate the qualifications of a
1120465
11
presidential candidate. Consistent with this conclusion is
Op. Att’y Gen. No. 1998-00200 (August 12, 1998), which states:
“The Secretary of State does not have an
obligation to evaluate all of the qualifications of
the nominees of the political parties and
independent candidates for state offices prior to
certifying such nominees and candidates to the
probate judges pursuant to [§ 17-9-3, Ala. Code
1975]. If the Secretary of State has knowledge
gained from an official source arising from the
performance of duties prescribed by law, that a
candidate has not met a certifying qualification,
the Secretary of State should not certify the
candidate.””

Bingo!

“If the Secretary of State has knowledge gained from an official source arising from the performance of duties prescribed by law, that a candidate has not
met a certifying qualification, the Secretary of State should not certify the candidate.”

He just made my point!

Justice Bolin:

“Rather, the Secretary of State contends that the task of ensuring a candidate’s qualifications is left to the leadership of that candidate’s respective political party, a less than ideal procedure for all challengers because of its partisan nature. See generally Knight v. Gray, 420 So. 2d 247
(Ala. 1982) (holding that the Democratic Party had the authority to hear pre-primary challenges to the political or legal qualifications of its candidates).”

Here is the common thread with most states. Tradition within and without state laws wields more power than it should. State officials are used to getting
their cues from political parties. This is written into state laws. However, political parties have no particular consititutional power or responsibility.

Justice Bolin:

“Courts in other states have tended to agree that the investigation of eligibility requirements of a particular candidate is best left to the candidate’s political party. In Keyes v. Bowen, 189 Cal. App. 4th 647, 117 Cal. Rptr. 3d 207 (2010), the plaintiffs brought an action against California’s
Secretary of State and others, alleging that there was reasonable doubt that President Obama was a natural-born citizen, as is required to become President of the United States (U.S. Const., Art. II, § 1) and that the Secretary of State had a ministerial duty to verify that President Obama met the constitutional qualifications for office before certifying him for inclusion on the ballot. The trial court entered a judgment against the plaintiffs, concluding that the
Secretary of State was required to see that state election laws were enforced, but that the plaintiffs had failed to identify a state election law imposing a duty upon the Secretary of State to demand documentary proof of birthplace from presidential candidates. Id. The plaintiffs appealed.”

He quotes a CA ruling (speaks for itself).
2 wrongs don’t make a right.

Finally lucidity and responsibility.

Justice Bolin:

“Looking forward, I would respectfully call upon the legislature to provide legislation that imposes this duty upon the Secretary of State and to give that office the authority and tools necessary to compel the compliance by a candidate, and that candidate’s party, upon penalty of disqualification.”

“However, it should not be necessary to rely on a post-election Congressional remedy if it can be proven before the election that the candidate is not qualified. The Secretary of State should have the written mandate to determine requisite qualifications, and a disqualified candidate should have a defined path of expedited judicial review.”

“There are obvious reasons why such post-election challenges would be undesirable. As Rick Hasen has argued in Beyond the Margin of Litigation, pre-election litigation is generally preferable to post-election litigation. It is generally better to resolve disputes before an election, allowing problems to be avoided in advance rather than putting courts in the difficult position of cleaning up the mess afterwards. This is particularly true in the context of a challenge to a presidential candidate’s qualifications. In the event that a candidate is deemed ineligible, the party could still put up a substitute.
“Of course, it is up to states–and, in particular, to state legislatures–to define the rights and remedies available in cases where a presidential candidate is alleged to be ineligible. There is certainly no constitutional requirement that the state provide either a pre-election remedy
(such as denial of ballot access) or a post-election remedy (like an order invalidating election results) for such disputes. But there remains no
constitutional bar to such state-law remedies. In fact, such remedies would seem to fall squarely within what Article II contemplates in leaving it to
state legislatures to define the manner by which presidential electors are appointed.”

Alabama Supreme Court ruling.

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

AL Supreme Court decision McInnish V Chapman likely taken to US Supreme Court, Attorney Larry Klayman, Chief Justice Roy Moore, A few good judges, Presidential candidate eligibility state function

AL Supreme Court decision McInnish V Chapman likely taken to US Supreme Court, Attorney Larry Klayman, Chief Justice Roy Moore, A few good judges, Presidential candidate eligibility state function

“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

 

 

From WND March 23, 2014.
“That we have sadly become a nation of men and not of laws is best seen in the context of the legal challenges to the eligibility of Barack Hussein Obama to be president of the United States. Clearly, even if Obama were born in Hawaii and not Kenya to an anti-American, Muslim, anti-Semitic father – and his being born in the United States is doubtful given all that we know (see “Where’s the Real Birth Certificate?”) – he is not a natural born citizen – that is born to two citizen parents – as required by the U.S. Constitution.

Over the last five years, many court challenges have been filed concerning Obama’s eligibility. Indeed, I have filed three in Florida and one in Alabama. In every instance, and I am not just referencing the cases that I filed, these court challenges have been dismissed. (They are currently on appeal.) But what is more troubling than the dismissals is that the judges presiding over these cases have generally refused to even explain the reasons for their dismissals. Apparently, they are so afraid of taking on this issue that they don’t want to go on record for their actions. That is because these dismissals are not legally justified.

To challenge a black president’s qualifications is to be branded a racist. Obama and his minions know this well and have milked his race at every turn to guilt white America, including its judges, into acquiescing to his continued destructive leadership bent on turning the country into not only a socialist pro-Muslim state, but one which is second rate in the world.”

“Last Friday, one of the few great judges in this land, Chief Justice Roy Moore of the Alabama Supreme Court – the jurist who was first impeached for displaying the Ten Commandments in his courtroom and then overwhelmingly elected by the people of the state to be their chief justice – had the courage to write a compelling dissenting opinion validating our challenge to Obama’s eligibility to be president. While seven of his nine fellow justices took the easy way out perhaps to show that Alabama is no longer the state once governed by George Wallace and rejected my ballot challenge, Chief Justice Moore without political correctness and without the disingenuous and cowardly sensitivity to Obama’s race, told it like it is. He ruled that Alabama did have a legal duty to verify that candidates for the presidency are eligible to serve as natural born citizens if elected (see decision at FreedomWatch), Moore concluded:

“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 casting of its electoral votes is a state function.””

Read more:

 http://www.wnd.com/2014/03/a-few-good-judges/#iHtOzMRR31fDBoKM.99

Significance of AL Supreme Court decision.

“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.”

http://citizenwells.wordpress.com/2014/03/23/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/