NC 2008 Presidential Election, Obama is ineligible, US Constitution, Federal Election Law, NC Elections Law, Secretary of State, NC Board of Elections, Attorney General, Governor, Elaine Marshall, NC must demand proof from Obama

“We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their
Creator with certain inalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness–
That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the
Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is
the Right of the People to alter or abolish it, and to institute new Government, laying its Foundation
on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect
their Safety and Happiness.”

Declaration of Independence

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


Eligibility for presidency

US Constitution
Article II
Section 1

“No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.”

How President is elected


“The following provisions of law governing Presidential Elections are contained in Chapter 1 of Title 3, United States Code (62 Stat. 672, as amended):

§ 8.   The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.”

The states are responsible for the primaries, general election and events leading up to the Electoral College vote

US Constitution
Article II
Section 1

“Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.”

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

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

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

Secretary Elaine Marshall is responsible for the NC Election process.

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

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

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

Laws that apply to NC State Officials

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

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

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

Article VI of the US Constitution states:

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

NC Statute § 163-114.  Filling vacancies among party nominees occurring after nomination and before election.

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


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

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

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

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

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

The following facts and conclusions are self evident:

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

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

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

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

What is the alternative?

The answer is in the Declaration of Independence.


30 responses to “NC 2008 Presidential Election, Obama is ineligible, US Constitution, Federal Election Law, NC Elections Law, Secretary of State, NC Board of Elections, Attorney General, Governor, Elaine Marshall, NC must demand proof from Obama

  1. Citizen, you need to be very clear with these people. Some might think if they are presented with the fake COLB from that it is enough to validate his citizenship. I think you need to go one step further and actually outline why people think Obama is NOT a U.S. citizen. Just a suggestion, but remember, you need to “dumb down” to the lowest common denominator when trying to explain things to a diverse group of people, so the least intelligent among them will even get it!!!! Mention the Kenyan Grandmother, is Indonesian adoption and what that means legally, the fake COLB, the fact he won’t let any of his college records become public, that fact that he never did provide his medical records/just a letter from his physician stating he is in good health, etc. . . . the list goes on and on. I know if I were an Elector, I would appreciate having it all spelled out for me so I know where to begin to verify/validate all the information myself. People are busy today—make it easy for them!

  2. This was not intended to be a compendium of knowledge on the subject but rather a reason why they must validate and the consequences for not doing so.
    I am putting them on notice.

  3. Since Iam a European, I need some clarification.
    What is exactly a “natural born citizen”?
    The ter is used all the time, but it is not clear to me. When You google it, all this Obama stuff comes up, with all the bias of course.
    I my understanding it means a person that was born as an American citizen, right?
    And remained one until the point that is questioned.
    Is that it?

  4. Google “Blackstone Commentaries.” You want Section 1:354 ff. James Madison used Blackstone. The key argument is “allegiance.” Also John Jay (early Chief Justice) wrote George Washington that a Commander-in Chief cannot have dual loyalties. A very good summary of all these arguments from last August can be found here:

  5. DecentAmerican

    Excerpted from another blog:

    “….I just Heard that Orly Taitz, who is representing Keys in some way, is looking for a copy of the taped debate between Keys and the Bama. “Somebody from Chicago just contacted her and stated that during the Senatorial campaign there was a debate between Barack Obama and Dr. Keyes. This debate was videotaped. During the debate Dr. Keyes has stated :’You are not even a Natural born citizen’ to which Barack Obama replied: ‘That’s OK, I am not running for president, I am only running for Senate.'” Phew. Yet another tape to wish for?…”

  6. Thank You CW and Bob,
    I am pretty aware of the law suits, but since Obama does not produce any evidence, we just don’t know what the deal is.
    If he is born abroad, if the father on his BC is Obama sr., if he was adopted, if he reclaimed his citizenship.
    So many “if”s
    I think I understand the term “natural born citizen” as such now:
    A person that has US citizenship at birth and has parents that are US citizens at the time of the childs birth.
    (or has parents from a country that does not automatically give the child double citizenship)

  7. Has there been a lawsuit filed in the state of North Carolina? If so, what is its current status? Does anyone know the case number so we can check it out?

  8. Hi,

    I just want to tell you that tonight’s show is on! It will be lively and fun filled, as well as informative.

    Please post this on your Blogs, any Blogs you are associated with and send to everyone in your address book, that is still interested in making sure Obama never moves into the Whitehouse! Link, call in number and show times below!

    Call In # 317-565-1392

    5:00 Pacific Time

    6:00 PM Mountain Time

    7:00 PM Central Time

    8:00 PM Eastern Time

    You can listen live by clicking on the Red Listen Live Button on the top left hand side or click on the Live Chat Button in the middle of the page just above MommaE & The Radio Rebels little picture and chat while listening! Hope to see you all there!


  9. lookingforamerica

    During the debate Dr. Keyes has stated :’You are not even a Natural born citizen’ to which Barack Obama replied: ‘That’s OK, I am not running for president, I am only running for Senate.’”

    Hey, from the mouths of babes….let’s hope it real and from Obama himself. Am I to understand that if BO is disqualified fefore the inauguration, McCain and Palin are in and if after the inauguration, it’s Biden and Pelosi (eeeghad)??

  10. Wow! Are those direct quotes, “LookingforAmerica”?

  11. I went to African Press International last night just to see what was going on, and it is gone supposedly for breaking rules. Does anyone know anything about this?


  12. This was not an election. The was a coup de’taut. Obama is the annoited one in everyone’s eyes. He can do no wrong according to just over half of America, and all of the GVT. The Military on the other hand doesn’t agree. I work on a military base, and every military person I know is dreading his regime. He will do as Clinton and shut down more than half of the military and put all of that money towards his Civilian National Defense Force. (No doubt to Re-Educate us to see his Socialist/Marxist/Communist views mixed with Islamic principles.

    I think that any of this will be swept under the rug by Obama and his thuggies. Falsified COLB, Falsified Selective Service Card (Stamped by the USPO (not USPS) 24 Hours prior to him signing it. Mine was blank when given to me, and stamped by the USPS after it was verified by them. The Day after the Election (Haa) it was mentioned on CNN that the White House had been preping him for Months. They new he was going to win alright. All of the Military votes were thrown out after McCain conceded, so no accurate Republican votes wer counted. CNN also said that someone had voted for him twice but that was OK since it was Barrack Obama.

    I don’t forsee us having a 2012 election since Barry Soetoro will be our true Dictator by then.

  13. API is up again at
    same curious stuff

  14. We, the people, are powerless if we do not stand together.

  15. Mr. Crowe,

    The bubble of uncertainty around “Barry” Obama seems to never end. In your article in today’s Los Angeles Times, “Obama honed his skills at Occidental, on team or not,” it is stated:

    “Newhall was the starting point guard on that team. He says he clearly remembers Obama from pickup games — “I can say that I guarded Barry many a time in open gym,” notes the coach — but whether the left-leaning left-hander from Hawaii was part of a team that won the Southern California Intercollegiate Athletic Conference championship, Newhall can’t say for sure.

    “Nor can Galen Morton, who also played on the team. Morton can tell you that Obama eschewed the knee-length basketball socks that were popular at the time but can’t tell you for certain that Obama was a teammate. But, notes Morton, “it’s been a long time. If somebody says he played, OK, fine. I can’t say to the opposite.

    “Mike Zinn says he played. “I coached there, and he definitely played for me,” says Zinn, a former Occidental athletic director and basketball coach.

    “Obama, he says, was his starting small forward in the 1979-80 season.”

    I played on a state high school basketball team 45 years ago I can name each of the top seven players. That neither the starting point guard nor another player can remember if Obama was on the team would indicate to me Obama was not on the team, even if the coach is definitely sure he was. Coaches tend to embellish the facts whereas actual players remember the facts, without mercy, has been my experience.

    BTW: in addition to there being no pictures of Obama on the SCIAC champions, Senator Obama has never released his official transcripts from Occidental College – or Columbia U, or Harvard Law. Also neither his official birth certificate nor his registration for the draft when he turned 18 in 1979 have ever been released to the public or the media. The issue around the birth certificate is important. There are now at least two law suits at the Supreme Court questioning Obama’s eligibility on the grounds that he was not a “natural born” citizen on the U.S. His paternal grand mother, Sarah Obama, has stated that she was present in the delivery room when Obama was born in Mombasa, Kenya, see

    Fascinating addition to the puzzle of our new President Elect.

  16. Berlin-Berlin:

    Remember — the issue of “native born” has always been about “Allegiance” not WHERE you were born. My great-uncle was born in North Carolina, but he was a full-blooded member of the Cherokee Nation. He owed his “Allegiance” to the Cherokee Nation until he died at 106 years old, and he was BORN in North Carolina.

    He was veteran of World War I, he moved to Chicago to build skyscrapers. He voted for the first time for FDR in 1932, and the last time for Bob Dole in 1996, when he was 104 years old.

    Native Americans were given citizenship by law in the 1920’s. Here is an historical link so you can read about this issue:

  17. When is Leo Donofrio’s next deadline? Has his case been submitted to the correct docket yet?

  18. Latest from Donofrio’s site:

    Posted: Nov.17.2008 @ 10:29 am | Lasted edited: Nov.17.2008 @ 10:18 pm

  19. Thank you for the info, Citizen Wells… I have to admit that I don’t know what it means, though. Leo renewed an emergency stay? OK, what does that mean? Is there a deadline for when the judge has to respond, or do we just wait?

  20. Hi Bob,
    that link is very interesting.
    I only live here since 3 years so I have to read some more about the history .
    Ironically the first thing that comes to my mind being a natural born citizen of America are the Native Americans.
    It also told me that the whole citizen issue is complicated.
    (I had to think for a second “the huns?”, Oh that’s us! )

    at Leo Donofrio’s site
    is a link of his radio show from yesterday.
    (scroll down a little it says “new” in purple)
    He defines natural born citizen as “born in the United States of two US-citizen as parents”
    I have a good feeling about his case.

  21. please watch this video….

  22. rev manning, saying it best…obama must produce a valid, authentic birth certificate-what is he hiding? why not even produce his columbia records–lets see what nationality he applied to college under?

  23. At another place in Citizen wells I read that a corrected Obama BC was posted. Whoever done the certifying doesn’t understand that RUBBER STAMP SIGNATURES are ILLEGAL on MEDICAL,AND BOARD OF HEALTH RECORDS. The author of the blog stated that Registrar Onaka was a “rubber stamp person.” I find such a statement a total fabrication, in that Onaka had to know that all birth records must bear his actual signature with pen and ink. It would have been illegal, even in 1961 to rubber stamp his signature. Mechanically or electronically reproduced signatores are illegal on Certified documents. The author bragged that the birth certificate even had Onaka’s signature on the back. If it has a signature which was mechanically or electronically reproduced the document on which it appears is invalid,and is probably another forged birth certificate. It would be illegal for a document having a reproduced signature to be certified. In short the latest birth certificate is also a PHONY. The DNC seems to think that the rest of the world is as stupid as they are. Real nitwits!

  24. I forgot to mention that it is quite probable that the forger obtained an old notary embossing stamp, and had a embossing stamp maker manufacture a new embossing stamp identical to the Hawaiian state stamp. Some of the kinko stores make specialty stamping devices. Real piece of cake. This whole deal has the fingerprints of the DNC all over it. I spent over 40 years in the graphic arts industry wherein such stamps were a sideline which we offered..
    the author also stated that the corrected BC also was stamped with the embossed stamp. Sure ,if the author was the person doing the stamping instead of the representative of the State of Hawaii Board of Health. In short once again we are most likely seeing a MANUFACTURED B.C.

  25. If Obama would somehow make it to being sworn in it is at that point that our Constitutional crisis will begin. If he is Constitutionally unqualified to hold the President of the US office,he would be an illegal and powerless person. The military would not be able to even protect the US legally. He would not be able to sign any bills, and nobody would be obliged to follow his lead. This is why it is imperative that the state electors have an understanding of his eligibility,and fulfillment of his natural born citizenship which he must possess to be elected. If the electors disregard the Constitutional requirements they are GUILTY of perpetrating ELECTION FRAUD.

  26. Pingback: Tenth Amendment, Standing, Supreme Court ruling, Obama eligibility cases, No Supreme Court ruling on Obama eligibility | Citizen WElls

  27. Pingback: Obama NC ballot challenge, GA ruling Judge Michael Malihi, North Carolina Secretary of State and Election Board warned in 2008, Governor Easley conviction | Citizen WElls

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