Tag Archives: Legal Notice

NC Election 2008, Barack Obama ineligible, Legal Notice, NC Governor, NC Attorney General, NC Secretary of State, NC Board of Elections, NC Electoral College Electors, Barack Obama must be removed from Ballot, October 30, 2008

Legal Notice

To:

The State of North Carolina

The Governor of North Carolina

The Attorney General of North Carolina

The Secretary of State of North Carolina

The NC Board of Elections

The Electoral College Electors of North Carolina

Whereas: Barack Obama was placed on the ballot in NC in the primary and
General Election.

Whereas: The NC Board of Elections placed Barack Obama on the ballot
solely on the basis of the direction of the DNC, Democratic National
Committee.

Whereas: The NC Board of Elections has not requested proof of eligibilty
for Barack Obama to be president from Barack Obama or the DNC despite
strong evidence that Barack Obama is not eligible.

Whereas: The NC Board of Elections has been aware of the lawsuit and
associated evidence of Philip J Berg for several months.

Whereas: Citizen Wells contacted the NC Board of Elections by email
and telephone conversation on or about 10/06/08 and provided
information that Barack Obama is ineligible.

Whereas: Citizen Wells contacted the office of the Secretary of State
of NC by email and telephone conversation on or about 10/27/08 and provided information that Barack Obama is ineligible.

Whereas: Most, if not all, NC Officers and Election officials have sworn
an oath to uphold the US Constitution.

Whereas: The US Constitution clearly defines the requirements to be
president of the US.

Whereas: The following NC statute provides for replacing a presidential
candidate if “for any reason becomes ineligible or disqualified“.
Chapter 163.

Elections and Election Laws.

§ 163-114.  Filling vacancies among party nominees occurring after nomination and before election. If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:

Position

President 

Vacancy is to be filled by appointment of
national executive committee of
political party in which vacancy occurs”
Whereas: Barack Obama is ineligble to be President of the United States
and the NC State Board of Elections and the NC Secretary of State have
been notified by email and telephone.

Citizen Wells, a citizen of the State of North Carolina, demands that
the NC State Board of Elections obtain proof of eligibility from
Barack Obama or the Democrat Party in the form of a vault copy of
a birth certificate or pledge of allegiance to the US, and in the absence
of proof, remove Barack Obama from the ballot and request that the DNC
provide a replacement candidate per NC Law.

Citizen Wells further requests that the citizens of NC contact the NC
Board of elections and demand that they uphold the US Constitution and
NC Law.

Furthermore, all NC officials and election officials will be held
accountable if a non eligible presidential candidate is allowed to remain
on the ballot. The severity of the consequences will increase if the
ineligible candidate receives votes in the general election and Electoral
College. Many voters have been disenfranchised by Barack Obama being on
the ballot in the primary election. The further disenfranchisement of
voters, and the potential constitutional crisis must be taken seriously.
Citizen Wells              October 30, 2008

Attachments:
Email sent to NC Board of Elections:

Hi.
What I am about to share is serious and not a joke.
I am going to post this on my blog.
You may or may not be aware of the lawsuit filed by Philip J Berg
in federal court on August 21, 2008. Mr. Berg states that Obama
is not qualified to be president. I helped break this story and I am
in contact with Mr. Berg. He is trying to avoid a constitutional
crisis.
 
Here is a subchapter from the NC statues:
 
(Changes effective January 1, 2007)
§ 163-114. Filling vacancies among party nominees occurring
after nomination and before election.
If any person nominated as a candidate of a political
party for one of the offices listed below (either in a primary
or convention or by virtue of having no opposition in a primary)
Current through September 7, 2008
Page 118 of 429
dies, resigns, or for any reason becomes ineligible or
disqualified before the date of the ensuing general election,
the vacancy shall be filled by appointment according to the
following instructions:
Position
President vacancy is to be filled by
Vice President appointment of national
executive committee of
political party in which
vacancy occurs

I am a NC voter.

Citizen Wells
Email sent to NC Secretary of State:

This email is a followup to a phone coversation with the Secretary
of State’s office.

The following article was posted on my blog. My viewership is in
the hundreds of thousands. A response is most welcome.
Citizen Wells
http://citizenwells.wordpress.com/

 

“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

“A strict observance of the written laws is doubtless one of the high
duties of a good (officer), but it is not the highest. The laws of
necessity, of self-preservation, of saving our country when in danger,
are of higher obligation.”

Thomas Jefferson

“The ballot is stronger than the bullet.”

Abraham Lincoln

Up to this point, the political parties and the individual states have been in control of the election process. The state boards of elections, in conjunction  with the major political parties have controlled which candidates will be on the ballots. However, the US Constitution still rules and just beneath that the Federal election laws rule. The states have control over their respective elections and electors, but are still governed by federal law.

Several weeks ago, Citizen Wells contacted the NC State Board of Elections.
After a brief phone call dominated by the Board of Elections staff member,
Citizen Wells was told that they had been aware of the Philip J Berg
lawsuit for several months and that they took their cue from the
Democratic Party regarding Obama’s eligibility. Once again, the US
Constitution rules and we will hold the NC State Board of Elections
accountable.

Once the individual state electors meet on December 15, 2008, the Federal
Government takes control of the process. Lawsuits in courts require
the burden of proof on the part of the plaintiff. This burden is not necessary
for those charged with upholding and defending the Constitution.
Consider the following:

Both John McCain and Barack Obama are US Senators. When they took office they spoke the following pledge:

“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”

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.”

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.”

NC Law

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

“I, __________, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State, and that I will well and truly execute the duties of the office of member of the State Board of Elections according to the best of my knowledge and ability, according to law, so help me, God.””
“§ 163-114.  Filling vacancies among party nominees occurring after nomination and before election.

If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:
Position

President

Vacancy is to be filled by appointment of national executive
committee of political party in which vacancy occurs”

This is not a situation where Obama is on trial and the burden of proof is on the prosecutor.

The government of the US has not filed a lawsuit with the burden of proof placed on the plaintiff.

Barack Obama is running for the office of president of the US, This is no different than applying for any other job involving competition.
As in any other situation involving a job application, the burden of
proof regarding qualification to hold office, falls on Obama. The
rules are spelled out in the US Constitution. The preponderance of
evidence reveals that Obama was born in Kenya, became an Indonesian
citizen and is in fact an illegal alien. Those who choose to ignore
these facts and allow Obama to proceed are violating the law and
will be held accountable.

Regardless of how the Philip J Berg lawsuit plays out, the US Constitution
must be upheld. Many people involved in the election process are
charged with upholding the US Constitution and will be held accountable.
This article will be emailed to the Secretary of State in each state
after a phone call to explain that the citizens are watching them. The
individual electors will also be held accountable. The Citizen Wells
blog will also create an accountability page for each state and will
provide feedback on how each state cooperates with the letter and spirit
of the Constitution.

I urge all of you to contact your Secretary of State and Board of Elections
in your state. Let them know you do not want an illegal alien on the
ballot or voted for by state electors. While you are at it, let them
know that voter fraud will not be tolerated. Let us know about the level
of concern and cooperation in your state.

The Philip J Berg lawsuit Timeline can be accessed at the top of this blog.