Category Archives: Election 2016

Ted Cruz Illinois court eligibility appeal, Lawrence Joyce plaintiff, Cruz not natural born citizen, Judge Maureen Ward Kirby will hear arguments at Circuit Court of Cook County in Chicago, Cruz born in Canada

Ted Cruz Illinois court eligibility appeal, Lawrence Joyce plaintiff, Cruz not natural born citizen, Judge Maureen Ward Kirby will hear arguments at Circuit Court of Cook County in Chicago, Cruz born in Canada

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“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

 

 

From New York Magazine February 18, 2016.

“Lawsuit Over Ted Cruz’s Eligibility to Run for President Heads to Court”

“During Wednesday night’s CNN town hall, Ted Cruz dismissed the latest legal threat from Donald Trump, assuring a voter that he’s definitely eligible to run for president. “Under the law the question is clear,” he said. “There will still be some who try to work political mischief on it, but as a legal matter this is clear and straightforward.” Unlike Cruz’s right to air old footage of Trump on Meet the Press in a campaign ad, the issue raised by Cruz’s birth in Canada to an American mother actually isn’t settled — but now it looks like we may finally get an answer. CNN reports that an Illinois judge has agreed to hear arguments in a lawsuit challenging Cruz’s eligibility on Friday.

The lawsuit in question actually has nothing to do with Trump (though, it’s unlikely we’d be debating the obscure legal arguments over whether Cruz is a “natural born citizen” if it weren’t for the ex–reality star). Suburban lawyer Lawrence Joyce initially filed an objection to Cruz’s placement on the primary ballot with the Illinois Board of Elections, but it was dismissed earlier this month. Now the Circuit Court of Cook County in Chicago has agreed to hear the case.

Legal challenges over Cruz’s eligibility have been filed in at least three states. Joyce seems primarily concerned about the political fallout from the questions surrounding Cruz’s candidacy, rather than the possibility of a secret Canadian infiltrating the U.S. government. He told Chicago’s WLS that he’s concerned about what would happen if the challenge came from a Democrat in the fall after Cruz secured the GOP nomination. “At that point, all of his fundraising would dry up. And his support in the polls would drop dramatically. He may be forced at that point to resign the nomination,” he said.”

Read more:

http://nymag.com/daily/intelligencer/2016/02/ted-cruz-eligibility-case-heads-to-court.html

NH voters cast vote for ineligible candidate Cruz?, New Hampshire ballot commission rejected efforts to remove Ted Cruz, Law of eligibility murky, Neither US Supreme Court nor any authority has explicitly ruled on natural born citizen

NH voters cast vote for ineligible candidate Cruz?, New Hampshire ballot commission rejected efforts to remove Ted Cruz, Law of eligibility murky, Neither US Supreme Court nor any authority has explicitly ruled on natural born citizen

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“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

 

 

Two state ballot entities recently ruled on Ted Cruz remaining on their ballots.

The Illinois state board of elections ruled that Ted Cruz is eligible as a natural born citizen.  IL is consistently listed as one of the most corrupt states in the US and the home of Obama, another non natural born citizen.

No surprise.

The New Hampshire ballot commission took a more honest approach.

“If there is a clear ruling on some issues that somebody clearly doesn’t meet, we would apply it. If there is a constitutional uncertainty about the meaning of something – which from my research and from all the stuff that was thrown at us at the commission there certainly is about the natural born citizen thing — we don’t undertake to make that decision,”

I was disappointed to find what I consider to be the most inaccurate article I have uncovered at American Thinker, February 5, 2016.

“Illinois and New Hampshire Agree Cruz is a Natural Born Citizen”

“Trump persists that Cruz’s citizenship is still an open question. It is not, and the election boards of two states, New Hampshire and Illinois, have now ruled, in response to complaints, that Sen. Ted Cruz is indeed, under the laws and Constitution of the United States, a “natural born citizen” fully eligible to be President of the United States. As the Washington Examiner reported:”

“A ballot commission in New Hampshire also ruled in favor of Cruz in January, but the language in Monday’s decision by the Illinois board took a stronger tone than the previous ruling, warning other skeptics, “Further discussion on this issue is unnecessary.””

“Indeed, it is unnecessary. The question of Cruz’s citizenship has been asked and answered. Is Trump saying that a baby born in Paris to a vacationing American family is not eligible to run for president and must be “naturalized” like some illegal alien from Guadalajara?

Some noted legal scholars would beg to differ from Trump’s concern that Cruz is not in fact a “natural born” citizen.

Jonathan Adler, who teaches courses in constitutional, administrative, and environmental law at Case Western University School of Law, writes in the Washington Post:

Ted Cruz was born in Canada. His mother was a U.S. citizen. His father, a Cuban, was not. Under U.S. law, the fact that Cruz was born to a U.S. citizen mother makes him a citizen from birth. In other words, he is a “natural born citizen” (as opposed to a naturalized citizen) and is constitutionally eligible.”

“Also agreeing with Cruz’s eligibility are two constitutional scholars who have argued cases before the U.S. Supreme Court. As the Washington Post reported:

Writing in the Harvard Law Review, two former top Supreme Court litigators, Neal Katyal and Paul Clement, said: “All the sources routinely used to interpret the Constitution confirm that the phrase ‘natural born Citizen’ has a specific meaning: namely, someone who was a U.S. citizen at birth with no need to go through a naturalization proceeding at some later time.”

“Now two state boards of election have certified Cruz’s eligibility, which is beyond dispute, no matter how much Trump whines, pouts, and throws out groundless accusations.”

Read more:

http://www.americanthinker.com/articles/2016/02/illinois_and_new_hampshire_agree_cruz_is_a_natural_born_citizen.html

Aside from being wrong on the definition of natural born citizen, this article is blatantly inaccurate:

New Hampshire did not rule that Cruz is a natural born citizen.

It omitted the opinion of constitutional expert Laurence Tribe of Harvard:

“Cruz says this is all settled law, but Harvard’s Laurence Tribe disagrees.

“It clearly is not settled law,” Tribe said in recent an interview.”

“That’s because Tribe says Cruz is a constitutional “originalist,” who believes the document should be followed to the letter. Tribe says jurists who share such a view might well conclude that Cruz is not eligible to be president — because he was not born in America.

According to Tribe, this shows that Cruz is trying to have it both ways.”

http://www.wbur.org/2016/01/15/donald-trump-ted-cruz-laurence-tribe-citizenship

From The Dallas Morning News November 24, 2015.

“The New Hampshire ballot commission today rejected efforts to kick Canada-born Sen. Ted Cruz off the primary ballot based on his birth outside the United States.

That clears a key legal and political obstacle as the Texas Republican seeks the GOP nomination for president. But it’s not a clear win on the question of eligibility.

Rather, the panel found that with the law of eligibility so murky, it can’t second-guess the senator’s own claims that he passes constitutional muster. Neither the U.S. Supreme Court nor any other authority has explicitly ruled that someone like Cruz — born on foreign soil, with one American parent – can or cannot be president.

“It would be really nice if somebody would get this issue of law decided who has authority to decide constitutional issues, so every four years we don’t have this come up again,” said Manchester attorney Brad Cook, a Republican who chairs the 5-member New Hampshire Ballot Law Commission.”

Read more:

http://trailblazersblog.dallasnews.com/2015/11/regardless-of-canadian-birth-ted-cruz-survives-ballot-challenge-in-new-hampshire.html/

AMERICAN THINKER OWES THE PUBLIC AN APOLOGY.

Illinois Cruz ballot challenge dismissal not court ruling, Citizen not equal or equivalent to natural born citizen, Citizen only worked in 1789 when constitution adopted, Citizen Wells rectifies Rush Limbaugh statements, Graham update

Illinois Cruz ballot challenge dismissal not court ruling, Citizen not equal or equivalent to natural born citizen, Citizen only worked in 1789 when constitution adopted, Citizen Wells rectifies Rush Limbaugh statements, Graham update

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“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

 

 

***  Update February 4, 2016 at 1:45 PM  See Below  ***

I caught part of the Rush Limbaugh show yesterday and then went to the transcripts.

I thought that I heard Rush mumble something derogatory about the Cruz ballot challenge in Illinois and challenges to Cruz’s eligibility as a natural born citizen.

From Rush Limbaugh February 3, 2016.

Illinois Election Board Declares Cruz Eligible to Run

RUSH: It was, by the way, the Illinois Board of Elections that has declared Ted Cruz a natural born citizen.  “The state’s [Board of Elections] ruled that Cruz met the citizenship criteria to appear on the state’s primary ballot.  Two state residents, William Graham and Lawrence Joyce, challenged Cruz’s eligibility with the board, claiming his name should not appear on the March 15 primary ballot because his candidacy did not comply with Article II of the US Constitution.” The Board of Elections in Illinois told those two guys to pound sand. ”

Read more:

http://www.rushlimbaugh.com/daily/2016/02/03/quick_hits_page

Rush links to a Hotair article which quotes the Washington Examiner.

“Ruling: Ted Cruz is a ‘natural born citizen'”

“Texas Sen. Ted Cruz secured two major victories Monday, winning the Republican Iowa caucuses and also receiving a favorable decision from the Illinois Board of Elections, which confirmed his U.S. citizenship met the state’s primary ballot requirements.”

“Two Illinois objectors, Lawrence Joyce and Williams Graham, also agreed that Cruz’s citizenship did not meet guidelines in the Article II of the Constitution. But the board of elections disagreed and cleared Cruz’s name for the March 15 primary.

“The Candidate is a natural born citizen by virtue of being born in Canada to his mother who was a U.S. citizen at the time of his birth,” the board said, explaining Cruz met the criteria because he “did not have to take any steps or go through a naturalization process at some point after birth.””

“A ballot commission in New Hampshire also ruled in favor of Cruz in January, but the language in Monday’s decision by the Illinois board took a stronger tone than the previous ruling, warning other skeptics, “Further discussion on this issue is unnecessary.”

Joyce told the Huffington Post Tuesday that he does not plan to appeal the board’s decision.”

Read more:

http://www.washingtonexaminer.com/ruling-ted-cruz-is-a-natural-born-citizen/article/2582259

Did the folks in Illinois go to Harvard too?

There is only one time in the history of the US that one could be president as just a citizen. 1789, the adoption of the US Constitution.

“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 . . . .”

A US citizen is not equal to or equivalent to a natural born citizen.

The US Constitution eligibility clause has not been amended.

Provisions in US law to clarify citizenship do not alter the meaning of NBC.

Period!

From Bill Graham February 3, 2016 4:13 PM

“Graham v. Cruz, Graham v. Rubio. Was advised by an experienced IL election lawyer that an appeal by Monday would be logistically difficult and expensive. In the case of these objections, partly overruled because they were inconsistent with regulation, reversal of the Board’s decision would be very unlikely. Within Illinois politics, few individuals will make the career-ending risk to resist what we call the ‘Combine’.

This effort has been worthwhile as the qualification of natural born citizen has been raised on many major news sites and has increased voter awareness. Even Mr. Trump mentioned the IL challenge. It is unfortunate that so many discard the Constitution of our Founders, but the battle will continue and those who defend the Constitution will prevail. Please consider discussing this issue openly with family and friends. Voters can reject Presidential candidates who are not qualified and who lie about their status, such as Cruz and Rubio.

‘Natural born citizen’ was intended by the founders to mean born in the America of citizen parents; no law or regulation is required to endow or rescind such citizenship. Founders wanted to discourage foreign influence on our Commander in Chief, as had caused problems in Europe. Nothing, no Board ruling or court opinion or Harvard article, can change this qualification except for an amendment to the Constitution.”

***  Update  ***

From Mr. H. Brooke Paige, plaintiff in Cruz Rubio eligibility lawsuit in Vermont:

“Praise to Mr. Graham for his noble effort to “protect, uphold and defend the Constitution of the United States of America.” Regardless of cost or loss each citizen should, as Mr. Graham understands, make every effort to insure that all branches of government submit to the authority and directions provided by the founders and framers of our great nation in their Declaration of Independence and the Constitution they authored, debated and ratified,

Mr. Graham, take solace in knowing that you are correct in you stand and no court, no legislature and no civil board has the right to alter or adulterate our great Constitution – except through the process of Amendment delineated in that document.

God Bless you Bill Graham !

H. Brooke Paige
Washington, Vermont”

 

Sanders requests raw vote count release, I can only hope and expect that the count will be honest, Investigation desired, Washington Post reports Clinton wins at least six Iowa precincts by coin flip

Sanders requests raw vote count release, I can only hope and expect that the count will be honest, Investigation desired, Washington Post reports Clinton wins at least six Iowa precincts by coin flip

“In a handful of Democratic caucus precincts Monday, a delegate was awarded with a coin toss.
It happened in precinct 2-4 in Ames, where supporters of candidates Bernie Sanders and Hillary Clinton disputed the results after 60 caucus participants apparently disappeared from the proceedings.
As a result of the coin toss, Clinton was awarded an additional delegate, meaning she took five of the precinct’s eight, while Sanders received three.”…DesMoines Register

“More than 14 percent of non-citizens in both the 2008 and 2010 samples indicated that they were registered to vote. Furthermore, some of these non-citizens voted. Our best guess, based upon extrapolations from the portion of the sample with a verified vote, is that 6.4 percent of non-citizens voted in 2008”… Cooperative Congressional Election Study (CCES)

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

From The Guardian February 2, 2016.

“Bernie Sanders wants raw vote count released after tight finish in Iowa caucuses”

“Bernie Sanders has called on the Democratic party to release a raw vote count in Iowa after a nail-biting finish left lingering doubts over the first, much tighter-than-expected, clash with Hillary Clinton for the presidential nomination.”

“He threw little light on an unfolding controversy over certain Iowa precincts that did not have enough Democratic party volunteers to report delegate totals for each candidate but did call on officials to take the unusual step of revealing underlying voter totals. Delegates are awarded in the Iowa Democratic contest on a precinct-by-precinct basis, irrespective of the state-wide vote for each candidate.

“I honestly don’t know what happened. I know there are some precincts that have still not reported. I can only hope and expect that the count will be honest,” he said. “I have no idea. Did we win the popular vote? I don’t know, but as much information as possible should be made available.”

Sanders’ campaign director, Jeff Weaver, told reporters he did not “anticipate we are going to contest” specific results but hoped there would be an investigation into what happened.”

Read more:

http://www.theguardian.com/us-news/2016/feb/02/bernie-sanders-requests-vote-count-tight-finish-iowa-caucus-clinton

From the Washington Post February 2, 2016.

“Clinton wins at least six Iowa precincts by coin flip”

“Letting chance decide, even in a small way, who becomes president sounds bizarre, but it didn’t just happen eight years ago. It happened Monday night in at least a handful of Iowa precincts where Clinton and Sen. Bernie Sanders (Vt.), now locked in what Sanders called a “virtual tie” in the state, fought to a deadlock. And, in at least six of those precincts, Clinton won spare delegates, based on reporting from the Des Moines Register and video posted to social media.

In another race, those heads-or-tails contests may not have mattered. But, early Tuesday, Clinton was ahead of Sanders in Iowa by just four “state delegate equivalents,” by that state’s particular jargon. Given that slim margin and the unknown intentions of Martin O’Malley’s eight SDEs now that the former Maryland governor has suspended his presidential campaign, those coin flips are looking mighty significant.

Or not.

It’s best to let the Iowa Democratic Party explain: “On caucus night, Iowans in each precinct elect delegates to their county conventions, but the winner of the caucuses will be the candidate who accrues the most state delegate equivalents. State delegate equivalents are calculated using a ratio of state to county convention delegates. In other words, the ratio determines how many delegates the candidate would receive for the state convention based on the number of county convention delegates a candidate receives.”

Whew.

Either way, people were flipping coins in Iowa, and it was weird.

One vocal Sanders supporter filmed a coin toss in Des Moines. At first, he seemed excited — perhaps in disbelief that a candidate many had written off months ago had given Clinton a run for her money.

“It’s an actual tie,” Benjamin O’Keefe said. “You can’t even write this.”

Then, the caucus got down to business. It had split, 61-61; Clinton was awarded two delegates, and Sanders was awarded two. What would become of the fifth delegate?

Enter the coin. Tails — Clinton won.

“What?” O’Keefe said. “… Can you explain this to us?” Someone did, adding insult to injury by saying “Touchdown Seahawks!” — a reference to a 2012 NFL controversy over what many consider to be a terribly random call.

“So by coin flip, Hillary Clinton has won this precinct,” O’Keefe said. He shrugged and smiled — the smile of a man consigned to his fate by powers beyond his understanding or control. “I don’t even know,” he said, gesturing confusedly at unfazed caucus-goers as the result was announced and Clinton supporters cheered.

“That’s the official rule,” a woman who announced the result added.”

Read more:

https://www.washingtonpost.com/news/morning-mix/wp/2016/02/02/clinton-wins-at-least-six-iowa-precincts-by-coin-flip/

 

 

Joyce and Graham Illinois ballot challenges overruled, February 1, 2016, IL state board of elections, Appeals next?, What was their basis in law for stating Cruz is a natural born citizen?

Joyce and Graham Illinois ballot challenges overruled, February 1, 2016, IL state board of elections, Appeals next?, What was their basis in law for stating Cruz is a natural born citizen?

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“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

 

 

***  Update Feb 1, 2016 5:55 PM  ***

IL State board response (thanks to commenter 4zoltan)

Click to access 02_01_16SOEBAgenda.pdf

***

Bill Graham contacted Citizen Wells today with the results of his Illinois ballot challenge to Ted Cruz and Marco Rubio.

February 1, 2016 1:33 PM.

“IL Election Board voted unanimously that Cruz and Rubio are NBC and rejected objections of Joyce (Cruz) and Graham (Cruz, Rubio)
Let’s keep up the pressure whenever we see the opportunity.”

From the IL state board of elections website:

“GRAHAM V CRUZ TED CRUZ PRESIDENT 1/8/2016 2:40 PM OVERRULED
GRAHAM V RUBIO MARCO RUBIO PRESIDENT 1/8/2016 2:40 PM OVERRULED”

Attorney Lawrence J. Joyce also had his challenge denied.

“JOYCE V CRUZ TED CRUZ PRESIDENT 1/6/2016 4:06 PM OVERRULED”

https://www.elections.il.gov/ElectionInformation/LatestObjections.aspx?id=50&pageindex=0

Will these decisions be appealed?

From WND January 22, 2016.

“A Republican attorney in Illinois, a supporter of Ben Carson, on Friday filed a motion with the Illinois State Board of Elections to have Sen. Ted Cruz’s name removed from the official Republican primary ballot for the Illinois GOP presidential primary set for March 15.

The legal challenge confirms fellow candidate Donald Trump’s argument that the issue of eligibility to be president under Article 2, Section 1 of the Constitution will dog Cruz as the Texas senator pursues the GOP nomination for president, and possibly a subsequent White House bid.

The motion from Lawrence J. Joyce, who makes his living as a pharmacist licensed in his state, notes that Cruz was born on Dec. 22, 1970, in the city of Calgary, in the Canadian province of Alberta, and that Cruz has been a citizen of the United States continuously since birth under § 301(g) of the Immigration and Nationality Act, 8 U.S.C. § 1401.

But Joyce’s motion challenges that Cruz is not a “natural born citizen” under the meaning of Article 2, Section 1, and as a result not eligible to be president.

The ‘nightmare scenario’

“I have principally two reasons for doing this,” Joyce explained to WND in an email. “First, I think Dr. Carson would make both a better president of the United States and a better nominee of the Republican Party.

“Second, I am terrified that if we don’t get this cleared up right now, if Ted Cruz does become the nominee, the Democrats will cherry-pick which court or election board they will petition to have him declared to be ineligible in September or October,” Joyce continued.

“The result could be that the Democrats may chalk up a string of three or four or five victories [in their election board petitions] in a row, potentially forcing Cruz to resign the nomination (if for no other reason than that fund raising would quickly dry up),” Joyce explained.

“Then Mr. [Karl] Rove and company would hand-pick his replacement as the nominee,” he concluded.”

Read more:

Motion demands Cruz be removed from Illinois ballot

 

Illinois Cruz Rubio ballot challenge update, February 1, 2016, Bill Graham confronts IL Board of Elections, Sworn oath to support the Constitution, Indiana Law Review state may exclude presidential candidate if not qualified

Illinois Cruz Rubio ballot challenge update, February 1, 2016, Bill Graham confronts IL Board of Elections, Sworn oath to support the Constitution, Indiana Law Review state may exclude presidential candidate if not qualified

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

 

 

Bill Graham has challenged Ted Cruz and Marco Rubio on their eligibility to be on the Illinois ballot as natural born citizens.

Here are more updates from Mr. Graham:

January 30, 2016 10:51 pm.

“Monday 10:30 I present to the IL Board of Elections that Rubio and Cruz lied in their Statement of Candidacy that they are NBC and qualified to serve as POTUS. The is fraud against the State. Hearing officer recommended Board deny my objections; legal counsel to Board concurred. I will make a brief statement that members would abandon their sworn oath to support the Constitution if they do not honor the Founders intent and Supreme Court rulings defining that NBC means born here to citizen parents. I regret that I may not be able to prevail, but pray the effort will get enough attention of the voters to make a difference in how they vote. Would be nice to have some patriots join me and Mr Joyce, who also raised an objection. State of Illinois building on Randolph, floor 14, suite 1400-100. Security check at ground level can take up to 30 minutes. Let’s keep up the fight to defend the Constitution!”
January 31, 2016 4:19 pm.

“IL Board Hearing officer said there are no particular restrictions in addressing the Board on Monday. I crafted two statements each ~1400 words. Cruz statement is focused on founders intent and responsibilities of the oath of Board Members to support constitution; Rubio is on these plus Wong Kim Ark and 14th Amendment. I claim a Board determination of NBC for either candidate is unlawful.”

From the Indiana Law Review:

“D. Whether a State May Refuse To Put a Presidential Candidate on the Ballot Because It Concludes the Candidate Is Not Qualified ”

” If a state chooses to evaluate the qualifications of presidential candidates, there is no inherent power of Congress standing in its way,”

“Just as there was historical precedent for states including unqualified candidates on the presidential ballot, so, too, is there precedent for states excluding unqualified candidates from the ballot. In fact, there has been a trend of state regulation increasingly scrutinizing the qualifications of presidential candidates, even apart from pending legislation in the “birther” context.”

“They arguably have the power to add qualifications to candidates seeking the office of President.359 The less intrusive step of examining existing constitutional qualifications is likely within the purview of state control.”

“The 20th Amendment does not prevent a state from excluding a presidential or a vice presidential candidate who is not qualified to hold the office.”

“A state inquiry into qualifications could take one of several forms.377 It might be simply ministerial, requiring candidates to verify that they are qualified. It could include a certification, such as a signature under penalty of perjury affirming that one meets the qualifications. It may require a low level of verification, such as an attachment of copies of documentary support for proof of residence and citizenship. Or it may require a high level of verification, such as original source documents (like a “long-form birth certificate”). The inquiry might be required as a disclosure when a candidate seeks to file for office, or as one that an election official is authorized to make under certain circumstances. Such state regulations would be permissible as long as they simultaneously existed within other constitutional boundaries.”

http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=11145&context=ilj

 

Trump will debate Ted Cruz when federal judge rules him eligible, Cruz is an arrogant fool for not addressing this earlier, Trump campaign manager sent message

Trump will debate Ted Cruz when federal judge rules him eligible, Cruz is an arrogant fool for not addressing this earlier, Trump campaign manager sent message

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

Obama and Ted Cruz went to Harvard Law School.

That speaks volumes.

Ted Cruz should have gotten a ruling on his eligibiilty to be president as a natural born citizen many months ago.

Ted Cruz is an arrogant fool for not doing so.

From the Daily Mail January 29, 2016.

“Trump campaign manager to Ted Cruz: We’ll debate you one-on-one as soon as a judge says you’re eligible to be president!”

“Republican presidential front-runner Donald Trump on Friday said his campaign will debate his closest rival for the party’s nomination head-to-head – but only if a federal judge says so.

Trump, the New York real estate tycoon who boycotted Thursday night’s presidential debate because of a long-running personal feud with one of the network’s reporters, signaled Friday that he would be happy to debate Texas Sen. Ted Cruz.

DailyMail.com asked Trump if he was serious about resisting Cruz until a court decides on his presidential electability.

‘Well, I think you’ve got a real problem. I think Cruz has a real problem… I would do that. I would absolutely do that. But they’ve got to rule. He’s got to go for a declaratory judgment,’ Trump said aboard his private jet on the tarmac in Des Moines, Iowa.”

“Trump went on to joke that he would debate Cruz in Canada – ‘to give him home-field advantage,’ before pledging to attend next Saturday’s Republican debate in Manchester, N.H.

But already Trump’s campaign manager, Corey Lewandowski, had dismissed Cruz’s proposal as nothing more than a ‘publicity stunt.’

‘What we’ve said to Ted Cruz: Go into court, seek a declaratory judgment to find out if you’re even legally eligible to run for president of the United States,’ he said Thursday in a Boston radio interview.

‘That’s the first thing. Once you’ve gotten that ruling from the federal judge and you’re the last man standing in this presidential contest next to Donald Trump, we’ll be happy to have a debate with you one-on-one, anywhere you want, because that’s the way the system works,’ Lewandowski said.

‘But, as it stands right now, we don’t even know if Ted Cruz is legally eligible to run for president of the United States.'”

Read more:

http://www.dailymail.co.uk/news/article-3422990/Trump-campaign-manager-Ted-Cruz-ll-debate-one-one-soon-judge-says-eligible-president.html

 

MSN Trump overstates Cruz challenges, Really?, Media discredits Trump protects Obama Democrats, Illinois ballot challenges update January 28, 2016, MSN quotes obot site instead of Citizen Wells

MSN Trump overstates Cruz challenges, Really?, Media discredits Trump protects Obama Democrats, Illinois ballot challenges update January 28, 2016, MSN quotes obot site instead of Citizen Wells

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“Ted Cruz wrote the forward for U.S. Constitution for Dummies which clearly reveals that he is not a natural born citizen.”…IL ballot challenger Bill Graham

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

MSN and the media get a twofer on trying to discredit Donald Trump and prop up Ted Cruz on his eligibility.

The Obama and Democrat Party media would love for Cruz to get the nomination and then determine he is not eligible as a natural born citizen.

From MSN January 27, 2016.

“Trump Overstates Cruz Challenges

Donald Trump claims Illinois is “very seriously” looking at Sen. Ted Cruz’s eligibility to run for president and “may not even let him run.” That’s misleading. Illinois is following routine procedures for resolving ballot challenges against five presidential candidates, including Cruz.

Trump made his claim on CBS’ “Face the Nation,” part of his ongoing campaign to cast doubt on Cruz’s eligibility to run for president. Cruz was born in Canada, but, as we have written before, he most likely qualifies to run because his mother was a U.S. citizen when he was born.

Trump, Jan. 24: I guess you probably heard last night Illinois is looking at it very seriously. They may not even let him run in Illinois. They feel strongly about it. But other states are looking at it very seriously. There’s a real question as to whether or not Ted Cruz is allowed to run for president.

Trump, a construction and casino mogul, is overplaying his hand. It is not unusual for candidates to have their nominating papers challenged.

The fact is, the Illinois Board of Elections has received objections regarding five major presidential candidates, and it is following its routine procedure for resolving petition challenges. In addition to Cruz, Illinois has received objections regarding the nominating papers filed by Sens. Marco Rubio and Bernie Sanders, former Secretary of State Hillary Clinton, and former Maryland Gov. Martin O’Malley.

Cruz’s case gained some national attention recently because the conservative website WND.com interviewed Lawrence Joyce, a licensed attorney who makes his living as a pharmacist and says he supports Ben Carson for president. Joyce makes the claim that Cruz is not a “natural born citizen,” a requirement to be president.

Joyce is one of two people who filed an objection against Cruz’s candidacy. The other is William K. Graham, who, in addition to challenging Cruz, is also challenging Rubio, who was born in the U.S. to parents who were not U.S. citizens at the time.

Jim Tenuto was appointed the hearing officer to handle the objections filed against Cruz and Rubio. Philip Krasny will oversee the objection filed against Clinton, and Barbara Goodman will handle the cases involving Sanders and O’Malley, according to the board. (See the Jan. 14 letter regarding to appointment of hearing officers on page 38.)

Tenuto, the assistant executive director of the board, said none of the five challenges have been resolved, according to a Jan. 23 article in the News-Gazette. “We just called the cases on Wednesday and they’re looking at holding a meeting on February 11, possibly, to see if we can resolve as many as possible,” Tenuto told the paper. As a result, early voting may not start as scheduled on Feb. 4, the paper said.”

Read more:

http://www.msn.com/en-us/news/politics/trump-overstates-cruz-challenges/ar-BBoGNXT

The article also mentions the H. Brooke Paige lawsuit in Vermont but links to a highly biased obot site instead of Citizen Wells where the Paige lawsuit was first reported.

Here are some updates on the Illinois ballot challenge from Mr. Bill Graham:

January 27, 2016 10:24 PM

“Additional comment that resolution of objections might delay Feb 4 start of early voting.”

January 28, 2016 11:07 AM

“This morning from IL Hearing Officer for Election Board
“My Recommendations will be transmitted today. The information as to the location and time of the meeting will be set in detail in the Notice to be attached to the Recommendation. It will inform you that the Board will meet on Monday, February 1, 2016, at 10:30 am You can attend either in the Chicago or Springfield offices of the Board. In Chicago, the Board will meet in Suite 14-100. ( next to where the case management conference was held). You will have an opportunity to address the Board prior to them voting on my Recommendation.””

January 28, 2016 1:41 PM

“IL Board to Rule Monday 2/1 that Cruz and Rubio are NBC

Recommendations do not reject solely on administrative grounds and say Board has authority to decide if candidate is qualified as NBC.

Says Minor is dicta and can be ignored. (Interesting to me that Wong Kim Ark opinion accepted Minor)

Hearing is Monday, suggestions are welcome. Five days to file appeal.

Issue of Board Member oath and validity of statement of candidacy is not addressed in recommendation; may be moot of Board agrees both are NBC.

Will bring to hearing 2009 book Cruz wrote forward to which says on p 115 you must be born in US.”

 

Ted Cruz forward US Constitution For Dummies, Book reveals Cruz not eligible as natural born citizen, US Supreme Court 1898 Wong Kim Ark case, Chief Justice Melville Fuller … were eligible to the presidency while children of our citizens born abroad were not

Ted Cruz forward US Constitution For Dummies, Book reveals Cruz not eligible as natural born citizen, US Supreme Court 1898 Wong Kim Ark case, Chief Justice Melville Fuller … were eligible to the presidency while children of our citizens born abroad were not

“It is unreasonable to conclude that ‘natural born citizen’ applied to everybody born within the geographical tract known as the United States, irrespective of circumstances; and that the children of foreigners, happening to be born to them while passing through the country . . . were eligible to the presidency, while children of our citizens, born abroad, were not.”…Chief Justice Melville Fuller, Wong Kim Ark

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

Allegedly from a 2012 interview with Ted Cruz:

“In a campaign interview during his freshman senate race, a GOP Texas State Committee member sat down with the young candidate to ask a few poignant vetting questions, and here are the questions and answers from that interview… (Redacted information is to protect the witness at this moment, but the witness is willing to offer sworn testimony)

Interviewer: “Hello Mr. Cruz, it’s a pleasure to meet you. My name is (redacted). I am a (redacted) County GOP Precinct Chair and you have my support and vote. I have one question for you if I may?”

Cruz: “Sure, go ahead.”

Interviewer: “What is your understanding of how one becomes a natural born Citizen?”

Cruz: “Two citizen parents and born on the soil.” ”

http://intellectualconservative.com/the-end-of-the-american-presidency/

Citizen Wells commenter and Illinois ballot challenger Bill Graham provided the following information last night.

http://www.amazon.com/U-S-Constitution-Dummies-Michael-Arnheim/dp/0764587803/ref=cm_cr_pr_product_top?ie=UTF8#reader_0764587803

“Can’t make this stuff up. Did you know Cruz wrote the forward to this book by a non-lawyer Brit? The book does mention NBC qualification, born here of citizen parents on page 115. Of course Cruz could have written the forward without reading the book. On-line reviews are mediocre.”

From U.S. Constitution for Dummies by Michael Arnheim.

“The U.S. Constitution’s Fourteenth Amendment”

“Defining Citizenship under the Fourteenth Amendment”

“The birthright basis of U.S. citizenship was confirmed by the U.S. Supreme Court in 1898. This ruling was made in the case of Wong Kim Ark, who was born in the United States to Chinese noncitizen parents. The court decided that he was a U.S. citizen even though his parents were not.

Chief Justice Melville Fuller in his dissenting opinion in Wong’s case put his finger on a problem with the birthright rule: “It is unreasonable to conclude that ‘natural born citizen’ applied to everybody born within the geographical tract known as the United States, irrespective of circumstances; and that the children of foreigners, happening to be born to them while passing through the country . . . were eligible to the presidency, while children of our citizens, born abroad, were not.””

http://www.dummies.com/how-to/content/the-us-constitutions-fourteenth-amendment.html

From the book:

“Foreword by Ted Cruz Partner, Morgan, Lewis & Bockius LLP Former Solicitor General of Texas”

From the Forward:

““We the people” are the opening words of the U.S. Constitution, and it is fi tting that this book is written for “We the people.” Both the Constitution itself, and this book explaining it, were meant for everybody, for all of the American people. This book can be read on several different levels. If you just want to understand the basics of the Constitution, this book offers you an easy, enjoyable, and at times humorous way to do so.”

“For good or for ill, the meaning of the Constitution has often been very much in the hands of the nine justices of the U.S. Supreme Court.”

“The Constitution is designed to limit government and to protect all the freedoms that you and I cherish as Americans. And this book is a clear, straightforward roadmap to understanding how it works — and a lot more.”

Mr. Graham also provided an update to his Illinois ballot challenge to Ted Cruz and Marco Rubio.

January 26, 2016 5:30 PM.

“Filed today rebuttals to Memoranda of Law from Rubio and Cruz; all documents now with Hearing Officer. Today’s filing on Founders intent referred to Maskill’s CRS update 1-11-16 and on NBC definition to Mario Apuzzo 11-29-15 opinion on Minor and Wong Kim Ark.

Candidates claim anyone born a citizen is a natural born citizen, even if they owe their citizenship to the 14th Amendment or Naturalization law. Even if their one or both parents have allegiance to another country. Founders wasted undivided allegiance.”

 

 

Graham v Cruz Graham v Rubio Illinois ballot challenge update January 21, 2016, Trump Carson and other challengers, IL stringent ballot access requirements, Will natural born citizen status matter?

Graham v Cruz Graham v Rubio Illinois ballot challenge update January 21, 2016, Trump Carson and other challengers, IL stringent ballot access requirements, Will natural born citizen status matter?

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“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

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

From Bill Graham,today January 22, 2016,  who has Challenged Ted Cruz and Marco Rubio being on the Illinois presidential ballot.

“Submitting Friday to IL State Board of Elections motions to reject motions to dismiss my objections to Rubio and Cruz Statements of Candidacy for IL General Primary 3/15. Each has certified they are legally qualified to serve as POTUS. Have low expectations but feel such efforts by citizens are necessary to preserve the Constitution.”

January 16, 2016.

“Objections to Rubio and Cruz Illinois filings posted at link. Objection was a letter attaching M Apuzzo opinion dated November 29, 2015 from his blog.

I received by US mail a notification these objections will be heard January 20 at 10:30 am, at SBE office in Springfield. I plan to call SBE Tuesday to confirm and inquire of procedures. Appeals of a decision must be filed within 5 days.

Given the corruption in IL, I expect them to be summarily dismissed. Probably could use some help with appeals.”

https://www.elections.il.gov/ElectionInformation/LatestObjections.aspx?id=50

From BallotPedia:

“In order to get on the ballot in Illinois, a candidate for state or federal office must meet a variety of complex, state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses and the general election.”

“Party candidates and independents

Established party candidates, new party candidates and independent candidates must file nomination papers with the Illinois State Board of Elections in order to qualify for the ballot. These nomination papers must be filed during the designated filing period. The filing period for established party candidates begins 106 days before the primary election and ends 113 days before the primary election. New party and independent candidates have a separate filing period. Their filing period begins 134 days before the general election and ends 141 days before the general election.[3][1]

Nomination papers include the following:[1]

  1. The Statement of Candidacy must contain the address, office sought and political party designation (if applicable) of the candidate; this form also includes a statement affirming that the candidate is qualified for the office sought, which must be signed by the candidate and notarized.[4]
  2. The original Receipt of Statement of Economic Interests must be filed with the Illinois Secretary of State, which will then issue the Receipt of the Statement of Economic Interests for the candidate to file with the Illinois State Board of Elections. This form is not required from candidates seeking federal office. It is suggested this form be filed at the same time as all other nomination papers, but it may be filed after the other papers as long as it is filed within the candidate filing period.[1]
  3. The loyalty oath form is optional. If a candidate chooses to sign it, he or she must affirm that he or she is not affiliated directly or indirectly with any organization that seeks to overthrow the government of the United States or the state of Illinois.[1][5]
  4. A petition containing the signatures of qualified electors. A candidate can begin circulating petitions 90 days before the last day of the filing period. Signature requirements for petitions vary according to the candidate’s political party affiliation and the office sought. Examples for signature requirements for new party candidate petitions can be found above under “Process to establish a political party.” Examples for signature requirements for established party candidates and independent candidates can be found in the tables below

Read more:

https://ballotpedia.org/Ballot_access_requirements_for_political_candidates_in_Illinois

From Politico January 12, 2016:

“John Kasich has hit a bit of a snag in preparing for Illinois’s Republican primary.

The Ohio governor and establishment Republican presidential candidate is in danger of not having the minimum number of signatures in six congressional districts, meaning he would lose out on picking up delegates in those districts.

Last week was the deadline for submitting signatures for the March 15 primary. And Wednesday is the final day to file petition objections, with a 5 p.m. deadline.

Republicans often run up against difficulties in Illinois, where some congressional districts are heavily Democratic and ballot access is particularly complicated. But a longstanding “gentlemen’s agreement” meant Republicans didn’t contest one another’s petitions in the state. That could change in this cycle.

There’s nothing compelling the state to verify signatures unless there is a challenge.:

Read more:

http://www.politico.com/story/2016/01/john-kasich-illinois-ballot-217648#ixzz3y091Vw75

From The Guardian January 16, 2016.

“Donald Trump’s campaign tried to get his rival Republicans kicked off the ballot in Illinois – but the attempt failed when his state chair failed to bring duplicate copies of the required forms.

The Guardian has learned that on Wednesday, the last day for candidates to object to signatures submitted by rival campaigns to get on the ballot, chair Kent Gray showed up at the Illinois board of elections a few minutes before it closed. Illinois has some of the toughest ballot access laws in the country, and qualifying for the ballot requires gathering a different number of signatures in each of the state’s 18 congressional districts. Candidates often stumble trying to fulfill the state’s requirements; conservative challenger Rick Santorum faced major obstacles in 2012.

Approached by the Guardian, Gray referred all questions to campaign spokesman Hope Hicks, who said he “was not available” to the press. Hicks did not respond to follow-up questions from the Guardian.

State politicians have long had a “gentleman’s agreement” that candidates would not attempt to contest each other’s signatures and throw each other off the ballot. But challenging petition signatures as a form of political chicanery in the Land of Lincoln has a long history. Barack Obama first won election to the state senate in 1996 by successfully challenging the signatures of his incumbent opponent and getting her removed from the ballot.
It had been widely reported that the campaign of Governor John Kasich of Ohio, a vocal Trump critic, had problems gathering signatures in Illinois, and representatives of Kasich, along with the campaigns of Florida senator Marco Rubio and neurosurgeon Ben Carson, were monitoring for any objections from rival camps. It seemed that they had dodged a bullet until Gray walked in attempting to object to a number of candidates on the grounds that some of their signatures were invalid, although exactly who he focused on is unclear.”

Read more:

http://www.theguardian.com/us-news/2016/jan/14/trump-campaign-illinois-primary-attempt-kick-rivals-off-ballot