Alabama Obama eligibility challenge, AL election statutes Section 17-13-6, Only qualified candidates to be listed on ballots, Democrat party certified Obama, Judge Roy Moore

Alabama Obama eligibility challenge, AL election statutes Section 17-13-6, Only qualified candidates to be listed on ballots, Democrat party certified Obama,  Judge Roy Moore

“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 do state election officials continue to ignore the US Constitution, federal election code and their own state election statutes?”…Citizen Wells

“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 Obama Ballot Challenge October 30, 2012.

“Two Motions were filed on October 18, 2012 with the first being Alabama’s Democratic Party Motion to Intervene (MTI). Make special note of Item 5 in the Motion—The Alabama Secretary of State does not object to this motion to intervene. (See link to Motion to Intervene below)

The Alabama Democratic Committee MTI argues their nominee, Mr. Obama, is “eligible, qualified and entitled” to gain access to the taxpayer supported Alabama ballot and that Alabama’s Secretary of State “does not have a duty to independently investigate the qualifications of candidates nominated by the political parties.” Their motion wouldn’t be complete without the usual “pontification on high” that their candidate’s questionable natural born citizenship status is based on “discredited conspiracy theories and outlandish claims of fraudulent and forged birth certificates.”

Attorney General Strange filed the second motion which was a Motion to Dismiss (MTD). Strange offers the following arguments:

The Secretary of State has no legal duty to investigate the qualifications of a candidate;
In regard to candidates for President, the authority to adjudge qualifications rests with Congress;
Plaintiffs have failed to join necessary parties; and
Plaintiffs’ claim is filed too late.
According to Strange the Secretary of State aka the Chief Election Officer for the state of Alabama holds no responsibility whatsoever to ensure any and/or all presidential candidates working to gain access to Alabama’s electorate meet the necessary constitutional qualifications to be on their state ballot. (See link to Defendant’s Motion to Dismiss below)

Plaintiffs’ responded to Defendant’s Motion to Dismiss on October 24, 2012 by reiterating their Motion for Summary Judgment filed on or about October 15, 2012 “in which Plaintiffs submitted sworn affidavits that set forth evidence demonstrating that Barack H. Obama is not eligible to serve as President of the United States.” These sworn affidavits are from Sheriff Joseph Arpaio, Maricopa County, Arizona and Lead Investigator Mike Zullo, Maricopa County’s Cold Case Posse unit (see link Response to Motion to Dismiss below).

Plaintiff argues that it is clearly the legal duty of Alabama’s Chief Election Officer to “verify the eligibility of those seeking office” and when eligibility of a candidate comes into question it is their responsibility to verify and remove said party from the ballot if necessary. A recent Opinion by Alabama’s Attorney General cited by the plaintiff states –

“The Secretary of state does not have an obligation to evaluate all of the Qualifications of the nominees of political parties and independent candidates for state offices prior to certifying such nominees and candidates to the probate judges pursuant to sections1 7-7-l and l7-16-40 of the Code of Alabama. 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 [such as a candidate’s failure to file a public statement of Economic Interest], the Secretary of State should not certify the candidate.”

Clearly the sworn affidavits from Arpaio and Zullo serve as an “official source” placing into doubt at least the certifying qualifications necessary for Mr. Obama to gain access to the Alabama general election ballot. As for the remaining presidential candidates, no such “official source” has presented itself challenging their certifying qualifications.

The Plaintiff’s conclude “It is time — finally — to ensure that the person we are entrusting the highest and most powerful office of our country is eligible to serve for that office. The issue of eligibility has become a political hot potato, in effect a sticky matter for judges and courts around the nation. But the rule of law must eventually govern, without regard to politics, and cannot and should not be sidestepped through legally convenient and politically correct court rulings which ignore the plain language of the U.S. Constitution.””

http://obamaballotchallenge.com/alabamas-goode-mcinnish-v-chapman-ballot-challenge-case-update

From Judge Roy Moore.

“Judge Roy Moore will be having his Investiture (swearing in ceremony) at the Judicial Building in Montgomery on January 11 at 1:30 PM. If you would like to come I need you to give me your name and address so I can send you the ticket and info. Feel free to message me….Thanks!”

https://www.facebook.com/JudgeRoyMoore

Will newly elected AL Chief Justice Roy Moore review this case?

Let’s review Alabama election statutes.

From above:

“According to Strange the Secretary of State aka the Chief Election Officer for the state of Alabama holds no responsibility whatsoever to ensure any and/or all presidential candidates working to gain access to Alabama’s electorate meet the necessary constitutional qualifications to be on their state ballot.”

“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.”

Legally qualified means as defined by the US Constitution, US election code and Alabama election statutes.

The Alabama Democrat Party made this certification on January 18, 2012.

“CERTIFICATION

Pursuant to Section 17-13-5, Code of Alabama, 1975, I hereby certify that the persons whose names appear below and on the following schedules filed qualifications with me for the March 13, 2012 Democratic Primary Election as candidates for the offices indicated.
President of the United States
Barack Obama

This certification is subject to such disqualifications or corrective action as hereafter may appropriately be made.
Given under my hand and the seal ofthe State Democratic Executive Committee of Alabam

a, this the 18th day of January, 2012.

H. Mark Kennedy Chairman”

http://www.sos.state.al.us/downloads/election/2012/primary/Primary_Candidate_Certification-Democratic_Party-2012-01-18.pdf

ALprimaryCert2012

What part of “qualified” from the statutes or “This certification is subject to such disqualifications or corrective action” do they not understand.

46 responses to “Alabama Obama eligibility challenge, AL election statutes Section 17-13-6, Only qualified candidates to be listed on ballots, Democrat party certified Obama, Judge Roy Moore

  1. Pingback: Alabama Obama eligibility challenge, AL election statutes Section 17-13-6, Only qualified candidates to be listed on ballots, Democrat party certified Obama, Judge Roy Moore

  2. Brought over from the last post… only because HF expressed it so well… much better than I am able, yet these are my sentiments to a TEE! You go girl/guy/whatever! I can’t take it anymore either!
    _____________________________

    HonorFirst | December 11, 2012 at 9:57 pm |

    I hate to be the eternal pessimist, but after nearly 6 years of hoping for any judge anywhere to do anything about this fraud…can you blame me?

    And then we have Orly Taitz (god love her) who has had more missed filings,
    lost records…cases and witnesses thrown out…she is becoming a one-woman circus….Oh and I can’t forget to mention Ulsterman and lamecherry. Sorry but Im tired of trying to decipher their codes.

    We are all being played by the greatest con in the history of this Nation and its getting harder and harder to determine who is on what side.

    Unless and until the koolaid drinkers awaken from their comas and realize that no man is God and nothing comes free, I am afraid we are fighting a losing battle.

    Oh, I have not given up annoying my liberal friends, family and associates with verifiable facts, but they are starting to tune me out.

    Perhaps when the economy collapses, affordable energy is gone or when our soon depleted military tries to take on the next wave of attacks someone, somewhere will stand up and scream “I can’t take it anymore”
    ___________________________
    And BTW, (this is SueQ speaking) I will never never never never never never support the Republican party again! With Boehner purging the committees of true conservatives? How dare him! I’ve had it.

  3. With respect to Judge Roy Moore it certainly appears that he has the PEOPLE of Alabama on his side. Ten years ago he was removed from the same position because his religous tennacity ruffled the feathers of other politicians, whose religion seems to either NOT EXIST, or be extremely SHALLOW. I believe such people are generally referred to as HIPPOCRITS. ( One who purport religion,yet refuse to participate in ,or practice it). It would also appear that the people of Alabama see through the Alabama political MAZE. One by one the LIBERALS were defeated. I guess one might see such a voting faith,as the AWAKENING OF THE PEOPLE OF ALABAMA. Now all we need to do is SPREAD THE FAITH AROUND…….(WHERE HAVE WE HEARD THESE WORDS BEFORE?). Because Judge Moore is such a politically controversial person,I would expect the ALCU to get involved again and file another lawsuit seeking his dismissal if he accepts an eligibility case. The ACLU would have the DOJ behind them as well. But somehow I tend to think that this time it might be the people behind the lawsuit who end up WALKING THE PLANK. Just my opinion,….no offense against anybody intended. Whatsayyou Old Coot?

  4. It has taken no time at all for the pResident to show himself to be the big bully that he is. This isn’t even yet the beginning of the second term.

    Obama: Give me Dictatorial Powers or I’ll Take your Country out

    http://www.canadafreepress.com/index.php/article/51571

  5. ………I find myself on Chief Justice Moore’s side. If he chooses to have his monument in the rotunda then it is probable that once again he will be sued by the ACLU. BUT the outcome might be just a TAD different this time. I have a gut feeling that there are enough Alabama people NOW SUPPORTING him and that they will exact a TOLL upon whoever tries to unseat Moore this time. For Orly to come before him with her sometimes over worded responses,or her UMMMs,and AHHHHs, might irritate such a judge like Moore. But if he follows his ten commandments in vervor,then there is a REMOTE CHANCE that ORLY might get lucky this time around. If he allows discovery, there WILL BE subpoenas to a lot of places for a lot of documents. This makes me wonder what the HDOH will have to say in response to the subpoenas. Also makes me wonder what role Beth Chapman will play if any role at all. She might try hiring a few attorneys for her own defense.

  6. CabbyAZ……………
    It isn’t the SNOTNOSED SLIME in the WH. He is NOT MAN ENOUGH TO EVEN KNOCK HIS WAY OUT OF A WET PAPER BAG. The problem lies with all of his mentally TWISTED supporters.

  7. oldsailor80, You should know by now that I agree with everything you say. LOL

    Just the opinion of a dumb ole (Natural Born Citizen) country boy.

  8. oldsailor80,
    I would love to see the AL SC go after the usurper, and the HDOH via subpoena. Let’s go! It’s about time! Let’s go after the Social Security and the Selective Service fraud too!

  9. Bob,

    Over time, I don’t think the lawyers representing Obama are concerned with “defaulting” by means of delayed responses. Whatever their excuss (this time), the Judge will grant them an extension, then dismiss the case in the defendants favor. There is a 100% historical track record on this fact.

    Unforturnately.

  10. Lets Roll!
    Saw this on Fox this morning
    Tom Coswell

    http://www.campaignconstitution.com/

  11. Ammending the Constitution

    See our plans

  12. I say Goudy He seens to be a fighter
    More articles on http://www.commieblaster.com. Unbelievable articles,
    America needs to know.Can’t believe our leaders are allowing this coverup to go on and on

  13. Part 3 Benghazi explained from yesterday,PASS ON
    http://www.canadafreepress.com Email out everywhere,call Congress..
    Hillary hiding survivors of Benghazi ? http://www.commieblaster.com
    Need to demand independent investigation immediately open hearings on
    C-span.They all all involved

  14. Good morning Zach, et al.

  15. Judge Moore will not take office until January 14, long after the Congress will have certified the 2012 election of Barack Obama. Also, any controversy over the appointment of electors, by law, had to be settled 2 days ago.

    Unless the Congress should develop a case of temporary insanity, Obama will continue as President for 4 more years.

  16. Mr. Bill(ms. helga)

    bob strauss | December 13, 2012 at 12:11 am |
    Conspiracy to Hide Obama’s Ineligibility

    http://www.westernjournalism.com/conspiracy-to-hide-obamas-eligibility-problem/
    _______________________________________

    GREAT FIND BOB

    “Barack Obama, with the mainstream media’s help, is involved in a cover-up so huge that if he is not successful in destroying this nation, schoolchildren will marvel at it for generations to come.”

    NOT OVER MY DEAD BODY!

    PS – Be sure to watch the c-span hearings.

  17. AMEN…AMEN…AMEN
    KrisAnne Hall
    PLEASE WATCH!!!!!

  18. Mr. Bill(ms. helga)

    PPS – Orly Taitz has more Patriotism in ONE DROP of her blood than the WHOLE FEDERAL GOVERNMENT’S.

  19. Ah, a visit from drconspiracy.
    Judge Moore has indicated he will be sworn in on Jan 11, but that is irrelevant.
    A ruling is a ruling regardless of when it occurs.
    A constitutionally compliant judge bringing the Obama eligibility issues into the fresh air of
    real jurisprudence will perpetually be welcome as well as crucial to our system of checks & balances.

  20. “It is emphatically the province and duty of the judicial
    department to say what the law is. Those who apply the rule to
    particular cases, must of necessity expound and interpret that
    rule. If two laws conflict with each other, the courts must
    decide on the operation of each.”

    “If then the courts are to regard the constitution; and the
    constitution is superior to any ordinary act of the legislature;
    the constitution, and not such ordinary act, must govern the
    case to which they both apply.”
    “The judicial power of the United States is extended to all
    cases arising under the constitution. Could it be the intention
    of those who gave this power, to say that, in using it, the
    constitution should not be looked into? That a case arising
    under the constitution should be decided without examining the
    instrument under which it arises? This is too extravagant to
    be maintained.”

    “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

  21. From drconspiracy:

    Submitted on 2012/12/13 at 9:04 am

    “Judge Moore will not take office until January 14, long after the Congress will have certified the 2012 election of Barack Obama. Also, any controversy over the appointment of electors, by law, had to be settled 2 days ago.

    Unless the Congress should develop a case of temporary insanity, Obama will continue as President for 4 more years.”

    CW: Don’t bet the ranch on it.

  22. The strategy of the usurpers, is to skirt the law, pervert the meaning of the law, and to escape conviction by fraud.

    Look at how they managed to pervert the definition of “natural born Citizen”. Using their definition, anchor babies with illegal immigrant parents qualify as natural born Citizens. Welcome to the Chicago way.

  23. Ginger | December 13, 2012 at 9:19 am |

    Oh my! What a fantastic video! Thanks.

    God bless KrisAnne Hall.

  24. This senator is part of the problem, or at least he doesn’t “get it.” His proposal would simply give Obama more money to spend on his own projects. Obama would get an increase in the debt ceiling and entitlement programs would get cut – all more bucks increasing the amount government can spend to increase its size. Bad! Bad! NO DEBT CEILING INCREASE.

    Sen. Bob Corker (R-Tenn.) introduced a bill Wednesday to trade nearly $1 trillion in entitlement savings for an equal hike in the debt ceiling.

    He said deficit reduction and entitlement reforms likely would have to wait for action until February, when the nation will hit its debt limit. That event would force the administration to agree to concessions on entitlements to win approval from Congress for a hike to the debt ceiling.
    Corker said he wants to move his legislation through regular order, allowing committee input and amendments, which is why he wants to start the conversation on how to raise the debt ceiling and address entitlement reform now.

    http://thehill.com/blogs/floor-action/senate/272623-corker-introduces-bill-trading-entitlement-cuts-for-debt-ceiling-hike

  25. CW,
    Good rebuttal to drconspiracy! It sounds as though he is not too sure of himself right now.

  26. cabbyaz.
    He’s gotta be sweating some.

  27. A Crazy Old Coot

    cabbyaz | December 13, 2012 at 12:27 pm |

    Sen. Bob Corker (R-Tenn.) introduced a bill Wednesday to trade nearly $1 trillion in entitlement savings for an equal hike in the debt ceiling.

    /////////////////////////////
    I agree, this does not make any sense. AND, what is his meaning of entitlement?? Does he mean to cut SS or maybe reduce retired military pay, etc. It all depends on what he means.

    Also, how can cutting one program and increasing another by the same amount balance anything.

    I hate to admit it, but he is one of my senators and I wouldn’t trust him any more than obama. Does the term RINO mean anything to you??

    Just the opinion of a dumb ole (Natural Born Citizen) country boy.

  28. A Crazy Old Coot

    AND, CW, I’m not betting the ranch or farm. I’m not even holding my breath. Of course, I’m just a dumb ole country boy, so what do I know??

    But we have been stung a few times by the courts saying they would judge on the merits and then back out. I just don’t have much faith in congress or the courts any more.

    Just the opinion of a dumb ole (Natural Born Citizen) country boy.

  29. Mr. Bill(ms. helga)

    Just watched Kris Anne Hall and was very impressed. If only Orly could speak with that clarity and confidence!

  30. Coot,
    Agree about Sen. Corker on his proposal. He and my Sen. McCain, as well as a number of others, are buds in the infamous RINO club.

  31. A couple of months back there was a suggestion by one of the Senators that Social Security should be taxed at 20%,because it is INCOME. It is not derived as income. It was itself a TAX. The rub is that the money which was withheld by law from everybody’s paycheck (FICA) allegedly was NOT taxed as income by being paid to Social Security.Allegedly it is money that is in limbo so to speak. Like an annuity you must pay federal INCOME TAX on the amount that you draw,or are paid. If you now draw $1000.00 each month, you will end up short by $200.00 dollars each month. Most seniors are already paying extra now for the MEDIGAP coverage, and now getting a charge for the PHARMACEUTICALS as well if they have an Advantage plan. This is going to go MUCH MUCH HIGHER. This has already shrunk most benefit checks by about 4%. The total that could be withheld is as high as 28%. These people are the SAME BASTARDS who STOLE the MONEY from the Social Security Trusts to begin with,and now they all should be required to pay back the 27% raises which they voted to themselves which they used Social Security money to fund. That is in part why the Social nSecurity money was made a part of the GENERAL Fund……so that they could RAPE IT AT WILL. This was done by both Democrats and Republicans, and has been going on since the mid 60s. If you want to know why the Social Security funds can no longer sustain the payout level,you only have to look at a picture of your WONDERFUL,and ALL GOOD Congressmen,and Senators. There should be a mandate put upon all of the politicians to pay back SS a15% retro tax every month from their own paychecks. Thereafter steal from SS at your OWN PERIL.

  32. CabbyAZ………….
    With regard to Orly…. we need to find one of the SNOTNOSED CHILD WORDSMITHS TO TRAIN HER IN LANGUAGE SKILLS, OR AT LEAST assist Orly in the courtroom with the presentation of her case. Perhaps somebody comparable to the Hawaii assistant AG. After a few lessons from the Hawaii AAG Orly would be able to make everybody believe UP is DOWN,and probably every judge would get behind her. Wouldn’t that be a ROUT. HAR DE HAR

  33. Mentioning Hawaii causes me to wonder if the infamous MMMMSSSSSS.NISHIMURA (SNOT NOSED JUDGE), MMMMMSSSSS.OKUBU,and MMMMSSSSS.FUKINO (HDOH) actually have LONG FORM BCs themselves. All three are allegedly Japanese immigrants. HAR HAR. Maybe they too have only “CERTIFICATIONS” OF LIVE BIRTH. HHMMMMM.

  34. A Crazy Old Coot

    oldsailor80 | December 13, 2012 at 3:04 pm |

    A couple of months back there was a suggestion by one of the Senators that Social Security should be taxed at 20%,because it is INCOME.

    That reminds me of my military retired pay. I pay taxes on it because I did not pay into the retirement fund. Therefore it is taxable income. Low pay, transfers on a moments notice, unaccompanied assignments, etc did not count as paying into the retirement fund. My question for them is “What have you done to deserve your high pay and benefits along with your retirement for doing nothing”???

    Sorry to get on my soap box again.

    Just the opinion of a dumb ole (Natural Born Citizen) country boy.

  35. Oldsailor,
    I agree about Orly. She has the zeal and fervor but lacks the finesse required these days in the U.S. courtroom. However, we must hasten to say that no other lawyers have gotten to the desired goal either. The entire justice system it seems has been bought and paid for. Having Holder as USAG doesn’t help the situation either. (understatement, I know)

  36. A Crazy Old Coot

    Attorneys today need to attend a actors school. The law doesn’t matter any more, all the matters is how the info is presented and who can speak better.

    Just the opinion of a dumb ole (Natural Born Citizen) country boy.

  37. Orly is out for Orly. Please forgive me for what I just said but she is not a team player. She wants the praise. She wants the fame. If she is not vindicated and applauded and even lauded….. then she doesn’t care about the outcome. I am no expert on the law as many are that post here, but I have observed human nature. I have listened to many of her interviews and noticed how she has no problem backstabbing certian people that have been on our side for many years as well as those who have put their reputations on the line… including Sherrif Joe. I have no use or Orly.

  38. A Crazy Old Coot

    Well, she is somewhat right about Sheriff Joe. If he has all the evidence he claims, why doesn’t he file a criminal case and let the courts sort it out?

    He even refuses to testify in her court cases.

    I’m just confused about him.

    Just the opinion of a dumb ole (Natural Born Citizen) country boy.

  39. Sheriff Arpaio and Mike Zullo have made it plain that they will make sure that their evidence is protected from any rigged court. All they need is a verdict with prejudice against them and they can’t go any further. They don’t want it all tainted by mis-use and blatant ignorance of legal requirements. Thank goodness there are some people with some sense involved in this.

  40. Air Force Brat!

    Orly may have heart, but a first-year law student writes better pleadings. Of course, I’ve only been in the legal field for 15 years, so what would I know? 😉

  41. observer,
    You are exactly right about Arpaio and Zullo. Their seeming hesitance is not because they are carelessly dallying, but rather, as you say, any judgment rendered by a rigged court could forever preclude any further action by them. That is where Orly may have been unthinking.

    SueQ,
    Your feelings about Orly parallel mine when it comes to her attempts at self-exultation. I think we women can see things about other women that most men do not. Truthfully I had negative feelings the first time visiting her website. This may sound catty to some, but who else have we observed that has a big portrait of themselves across the top of their website? I did not let that influence me, however, in the beginning; but in the ensuing years we’ve seen much to reinforce that first impression.

    My earlier post speaks of trying to give her the benefit of the doubt, and I still do, but not appreciated is her denigration of other attorneys’ work, which she does at times. That is very unprofessional, imho.

  42. Thanks Cabby,

    Catty… you are not! Never have been!

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