FL primary opens door to Obama eligibilty challenge, Florida statutes allow contest, 10 day window, Circuit court, Obama natural born citizen deficiency
“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense, to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells
“Why did Obama employ Robert Bauer of Perkins Coie, to request an advisory opinion on FEC matching funds that he was not eligible for?”…Citizen Wells
“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells
The Florida 2012 presidential preference primary took place yesterday, January 31, 2012. The big news in the mainstream media is Mitt Romney winning by a substantial margin. The big news here, news you can sink your teeth into, is that now, Obama’s eligibilty to be on the Florida ballot can be challenged. There are 10 days to file a challenge in circuit court.
A challenger discovered this recently.
“Below and attached is a scanned copy of the letter I just received from the Secretary of State, AKA Florida Supervisor of Elections, in response to the Obama Ballot Challenge I filed 9 January 2012 with him and Attorney General Pam Bundi. The Constitution of the State of Florida (1838) and as amended through 2008 and by adoption of the 2012 Federal Qualifying Handbook (October 2011) the State of Florida has accepted the qualifications for President and Vice President listed therein, based solely on the Certifications of Qualifications from the Political Parties.Read carefully, looks like we have no protection from fraud by either Party. Still waiting for response from the Attorney General.
Vern H. Goding, Ret. OathKeeper.
Melbourne Village, Fl 32904″
Response from Gary Holland, Assistant General Counsel.
“After an election, section 102.168, Florida Statutes, provides that any unsuccessful candidate for the office being sought, any voter qualified to vote in the election, or any taxpayer may file an election contest in the circuit court based upon the successful candidates’s ineligibility for the office sought. Such contest must be brought within 10 days of the date the last board responsibe for certifiying the results officially ceetified the results of the election being contested.”
As reported at Citizen Wells in 2008 and 2012, the Florida Statutes.
Florida Election statutes
102.168 Contest of election.–
“(1) Except as provided in s. 102.171, the certification of election or nomination of any person to office, or of the result on any question submitted by
referendum, may be contested in the circuit court by any unsuccessful candidate for such office or nomination thereto or by any elector qualified to vote in the election related to such candidacy, or by any taxpayer, respectively.
(2) Such contestant shall file a complaint, together with the fees prescribed in chapter 28, with the clerk of the circuit court within 10 days after
midnight of the date the last board responsible for certifying the results officially certifies the results of the election being contested.
(3) The complaint shall set forth the grounds on which the contestant intends to establish his or her right to such office or set aside the result of the
election on a submitted referendum. The grounds for contesting an election under this section are:”
“(b) Ineligibility of the successful candidate for the nomination or office in dispute.”
Florida has a procedure for advisory opinions.
“Division of Election Advisory Opinions
Who May Request an Opinion?
By law, the Division of Elections may provide advisory opinions only to a supervisor of elections, candidate, local officer having election related duties, political party, political committee, committee of continuous existence or other person or organization engaged in political activity, relating to any provisions or possible violations of Florida election laws.
Legal Effect of an Opinion:
The Division of Elections provides a historical database of advisory opinions for reference purposes only. An advisory opinion represents the Division’s interpretation of the law applicable at the time the opinion is issued, as applied to a particular set of facts or chcircumstances, and is binding solely on the person or organization who requested the opinion. A previously issued advisory opinion may or may not apply to your situation depending upon your particular facts and circumstances and the current state of applicable law. Therefore, before drawing any legal conclusions based upon the information in this database, you or an attorney engaged on your behalf should refer to the current Florida Statutes, rules adopted by the Division of Elections, and applicable case law.”
Abdul Hassan received the following advisory opinion response from Florida.
“Section 103.021, Florida Statutes, as amended by Ch. 2011-40, § 45, Laws of Florida (2011), governs ballot access in Florida for presidential candidates who have no party affiliation and those who_are the nominees of political parties. Assuming you satisfy all requirements of section 103.021, the Secretary of State of Florida performs only a ministerial function as a filing officer for such candidates. The Secretary of State has no authority to look beyond the filing documents to determine i f a candidate is eligible. The Florida Supreme Court long ago stated: “The law does not give the secretary of state any power or authority to inquire into or pass upon the eligibility of a candidate to hold office for the nomination for which he is running.” Davis ex rel. Taylor v. Crawford, 116 So. 41, 42 (Fla. 1928). I f a presidential candidate (or the party in the
case of a political party nominee) files the required papers under Chapter 1 03, Florida Statutes, which papers are complete on their face, the Secretary must grant ballot access to the candidate. However, the Secretary’s ministerial granting of ballot access would not preclude litigation from proper plaintiffs to remove a candidate’s name from the ballot i f the candidate does not satisfy
the qualifications for the office of President of the United States.”