Category Archives: Election Boards

Ted Cruz Rubio and Jindal eligibility challenged in Vermont, H. Brooke Paige complaint filed December 9, 2015, Natural born citizen status requires US birth and 2 citizen parents, Attorney Mario Apuzzo explains founding fathers intent

Ted Cruz Rubio and Jindal eligibility challenged in Vermont, H. Brooke Paige complaint filed December 9, 2015, Natural born citizen status requires US birth and 2 citizen parents, Attorney Mario Apuzzo explains founding fathers intent

“According to the  US Citizenship and Immigration Services Ted Cruz was not a US citizen at birth and consequently not a natural born citizen.”…Citizen Wells

“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 . . . .”…US Constitution

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

 

 

I agree with H. Brooke Paige, CDR Charles Kerchner, Attorney Mario Apuzzo and many others that the the founding fathers understood the definition of natural born citizen meant birth on US soil to 2 US citizen parents.

Yesterday Mr. Paige presented Citizen Wells with a complaint filed against the State of Vermont, Secretary of State James Condos and Attorney General William Sorrell.

Here are some exerpts:

“10. While it may seem counterintuitive that such a weighty question as
that of the definition of the constitutional meaning of a presidential
qualification and the other questions raised in this action, should
originate in a state superior court – it is not only entirely
appropriate, it is an absolute necessity as no other authority or
jurisdiction is available to the Plaintiff and is the most logical,
constitutionally permissible jurisdiction in light of the federal
Constitution’s protections of the coequal branches of the federal
government and the principle of Separation of Powers embodied in said
Constitution of the United States (1790).

11. In 2008, Dr. Daniel Tokaji, Professor of Law at Ohio State
University, explained this essential legal pathway in his “The
Justiciability of Eligibility: May Courts Decide Who Can Be President?”
(Exhibit D) which, after extensive analysis of question relating to the
constitutional qualification cases relating to Senator John McCain of
Arizona and then Senator Barack Hussein Obama of Illinois, concluded:

“(F)ederal lawsuits challenging the presidential candidates’ eligibility
to serve as president are not justiciable, and it is questionable whether
any justiciable case could be brought in federal court as an initial
matter. Fortunately, there are alternative means to adjudicate this matter
that are consistent with the U.S. Constitution. The most promising is a
pre-election state-court lawsuit seeking to keep an allegedly unqualified
candidate off the ballot. In the event that a renegade state court rejects
a candidate who is, in fact, eligible or that two or more state courts
reach conflicting conclusions on a candidate’s eligibility, U.S. Supreme
Court review should be available as a backstop. This avenue seems less
fraught with peril than congressional resolution of the matter, given
Congress’ dubious legal authority to not count electoral votes of a
candidate it believes ineligible. Those who seek to challenge a
presidential candidate’s eligibility would thus be well-advised to dust
off their state election codes and head to state court.”

“14. In the prior action the Defendants’ council, Attorney General Sorrell
through his assistant Todd Daloz,  attempted to obfuscate and confound
both the Plaintiff and the Court  with the issues of “ripeness” and
“mootness” of the issues raised. First arguing that the answers sought
could not be raised until AFTER the election had been conducted – a
tortured interpretation of 17 V.S.A. § 2732 and shortly thereafter, with
equal absurdity, arguing that the issues had become moot with the passage
of time.”

“22. In the 2016 Presidential Election, in addition to Socialist Party
candidates Lindsay and Osorio, who have vowed to run in every election
regardless of their constitutional qualification debility; three of the
Republican Party candidates are known to have birth circumstances that
preclude their qualifying for the office they are seeking.
(a) – Texas U.S. Senator, Rafael Edward (Ted) Cruz, was born in Calgary,
Alberta, Canada, to a Cuban citizen father, Rafael, who became a
naturalized U.S. citizen in 2005, long after his son’s birth.
(b) – Louisiana Governor, Piyush (Bobby) Jindal, was born in Baton Rouge,
LA to Indian nationals who had recently arrived in the U.S. on visas at
the time of their son’s birth. His father, Amar, was in the U.S. on a P3-1
professional work visa while his mother, Raj, was in the U.S. on a student
visa: neither was a U.S. citizen at the time of their son’s birth. (c) –
Florida U.S. Senator, Marco Antonio Rubio, was born in Miami, FL to two
Cuban nationals who came to the U.S. before Castro came to power. Mario
Rubio Reina and Oriales (Garcia) Rubio left Cuba in 1956 and continuously
resided in Miami, however they did not become naturalized citizens until
1975, when Marco was already four years old.

None of the above mentioned candidates meet the “natural born Citizen”
qualification set forth in the U. S. Constitution for serving as President
of the United States and Commander in Chief of the Military. Mario Apuzzo,
Esq. has written a dissertation delineating the debilities of each of
these candidates which bars their serving:  “Senator Cruz, Senator Rubio,
and Governor Jindal Should Not Be Allowed to Participate…(2015)”  (Exhibit
H).”

Exhibits:

Some legal scholars maintain that being a citizen at birth qualifies as being a natural born citizen.

Even by that standard, according to the US Citizenship and Immigration Services, Cruz is not a natural born citizen.

Ted Cruz is not a natural born citizen and not eligible for presidency, Not a citizen at birth, Not born after November 14, 1986, Media and Democrats are waiting to challenge Cruz, Ted Cruz must request advisory opinion from FEC

Obviously, the US Supreme Court needs to do their duty and settle this matter once and for all, irrespective of the impact on Barack Obama.

 

Vermont ballot eligibility challenge, Ted Cruz Rubio and Jindal not natural born citizens,H. Brooke Paige v State of Vermont Secretary of State James Condos, Complaint filed December 9, 2015

Vermont ballot eligibility challenge, Ted Cruz Rubio and Jindal not natural born citizens,H. Brooke Paige v State of Vermont Secretary of State James Condos, Complaint filed December 9, 2015

“According to the  US Citizenship and Immigration Services Ted Cruz was not a US citizen at birth and consequently not a natural born citizen.”…Citizen Wells

“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 . . . .”…US Constitution

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

 

Just in from H. Brooke Paige.

“On December 9, 2015 – I filed a complaint against the State of Vermont,
Vermont Secretary of State James Condos and Attorney General William
Sorrell seeking to prevent various errors in the Presidential Primary and
General Election.

As detailed in the attached complaint, these errors include: preventing
the printing of the names of Constitutionally unqualified  candidates on
the ballots, preventing the counting of signatures on defective petitions
and rejecting the Consent of Candidates forms that do not bear properly
verified signatures of the candidates as well as various other issues
relating to conducting the Presidential primary and general election by
the Defendant, Secretary of State James Condos, on behalf of his employer,
Defendant, State of Vermont.

As you may remember, my 2012 effort to resolve these issues was
intentionally delayed by Attorney General William Sorrell representing the
State and Condos until the Courts could no longer provide any of the
relief sought in that action – Sorrell is named as a Defendant in this
action in a effort to hold him accountable for any such attempts here. The
one outcome from that case was Sorrell’s offering of an opinion in oral
arguments before the Vermont Supreme Court that while he did not believe
that I had standing to bring the case as  a mere citizen of Vermont ,
despite clear and simple language in the Vermont Election Code (Title  17)
that stated that I had said standing, that another candidate certainly
would have prudential standing to bring the ballot challenge. I have
announced my candidacy and am circulating petitions to be included on the
Presidential Primary Ballot  in Vermont, thus satisfying Sorrell’s
prudential standing objection.

Since the Washington Co. Sheriff did not affect service of process until
December 11, the Defendants have until December 31 to answer the complaint
as of this date that have yet to do so.”

Former FBI agent Chuck Stuber begins NC board of elections voter fraud investigations, Helped to convict former governor Mike Easley, Accountant lawyer and FBI agent deadly combination

Former FBI agent Chuck Stuber begins NC board of elections voter fraud investigations, Helped to convict former governor Mike Easley, Accountant lawyer and FBI agent deadly combination

“It’s pure and simple to try to find out what happened, to try to get to the truth of what happened,” “You do the best you can to establish the truth and then the judicial system takes it from there.”…Chuck Stuber

“On Monday June 23rd, 2008 the SBI initiated an investigation into allegations that employees of the Alamance County Health Department specifically Dr.
Kathleen Shapley-Quinn and Nurse Karen Saxer were knowingly and willingly falsifying patient medical records.”
“At the request of some patients, Alamance County Health Department provided work notes and prescriptions in alias names. Providing these services would assist illegal aliens with maintaining assumed or stolen identities, which may be a violation of state, or federal law. (Identity Theft, Fraud, etc.)”
“Veronica Arias, of Texas, reported on May 2nd, 2008 to the ACSO that someone in Swepsonville, NC had stolen her identity and was using same to be employed.
Maria Sanchez was arrested on May 6, 2008 by investigators of the Alamance County Sheriff’s Office for stealing and using the identity of Veronica Arias.
Sanchez used the name, SSN, DOB, of Veronica Arias who is a living resident of Texas.”…Alamance County NC Sheriff 2008 report

“North Carolina is the latest state featured by Project Veritas in its series on how America’s electoral system is extremely vulnerable to voter fraud. During last week’s North Carolina primary, James O’Keefe and his colleagues demonstrated how easy it is to obtain ballots even if the person has publicly professed not to be a U.S. citizen.”
O’Keefe also tells WND about his group’s visit to the University of North Carolina, where a dean and a program director laugh off confessions of voter fraud and even seem to encourage it. Yet a day later, both officials tell conservatives that voter fraud never happens.”…WND May 15, 2012

 

 

From the Raleigh News and Observer June 28, 2014.
“When Chuck Stuber shows up, politicians are in trouble.

He’s the FBI agent who put handcuffs on former House Speaker Jim Black and former U.S. Rep. Frank Ballance Jr.

He’s the one who booked a top aide to former Gov. Mike Easley and then played a major role in Easley’s felony conviction.”
“Last week, Stuber started work as an investigator at the state Board of Elections, where he will focus on rooting out fraud and campaign violations. He is expected to take up several pending inquiries – into questions of voter fraud, about possible campaign violations by state lawmakers, and an ongoing probe of a major campaign donor in the last statewide election cycle.”
““He wanted to know about you,” Perry told Stuber at the retirement gathering. “He knew immediately the cases you made, many of which, I guess, made it possible for him to be governor.”

Perry supervised Stuber as head of the FBI’s Raleigh office from 2000 to 2005. In an interview, Perry said Stuber was “the complete agent.”

“He would just follow the leads to where they went,” Perry said. “He wasn’t political.”

Stuber said in the interview that what he most enjoys of political investigations is the effort to bring submerged events to the surface.

“It’s pure and simple to try to find out what happened, to try to get to the truth of what happened,” Stuber said. “You do the best you can to establish the truth and then the judicial system takes it from there.””
“Stuber did not have seniority to easily come to Raleigh. He had graduated from N.C. State with a degree in accounting and went to UNC-Chapel Hill for a law degree. He joined the FBI soon after, in 1985.

“That’s a unique combination – an accountant, a lawyer and an FBI agent,” said U.S. Rep. George Holding of Raleigh, a Republican who as U.S. attorney oversaw prosecutions of many of Stuber’s cases. “When it comes to rooting out political corruption crimes, it’s a deadly combination.””
““In the political cases, Chuck always played the good cop, probably because it would be hard for him to even play a bad person,” Cheshire said. “He was a throwback FBI agent, which is a high compliment. Professional, nice, respectful, intelligent and dogged. Without agenda and attitude.””

Read more:

http://www.newsobserver.com/2014/06/28/3969919/meet-former-fbi-agent-chuck-stuber.html?sp=/99/100/&ihp=1

 

 

 

 

Massive NC voter fraud discovered, Over 35 thousand voters same first and last name DOB registered in NC and another state voted in 2012, Senate Leader Phil Berger and rep Thom Tillis

Massive NC voter fraud discovered, Over 35 thousand voters same first and last name DOB registered in NC and another state voted in 2012, Senate Leader Phil Berger and rep Thom Tillis

“On Monday June 23rd, 2008 the SBI initiated an investigation into allegations that employees of the Alamance County Health Department specifically Dr.
Kathleen Shapley-Quinn and Nurse Karen Saxer were knowingly and willingly falsifying patient medical records.”
“At the request of some patients, Alamance County Health Department provided work notes and prescriptions in alias names. Providing these services would assist illegal aliens with maintaining assumed or stolen identities, which may be a violation of state, or federal law. (Identity Theft, Fraud, etc.)”
“Veronica Arias, of Texas, reported on May 2nd, 2008 to the ACSO that someone in Swepsonville, NC had stolen her identity and was using same to be employed.
Maria Sanchez was arrested on May 6, 2008 by investigators of the Alamance County Sheriff’s Office for stealing and using the identity of Veronica Arias.
Sanchez used the name, SSN, DOB, of Veronica Arias who is a living resident of Texas.”…Alamance County NC Sheriff 2008 report
“North Carolina is the latest state featured by Project Veritas in its series on how America’s electoral system is extremely vulnerable to voter fraud. During last week’s North Carolina primary, James O’Keefe and his colleagues demonstrated how easy it is to obtain ballots even if the person has publicly professed not to be a U.S. citizen.”
O’Keefe also tells WND about his group’s visit to the University of North Carolina, where a dean and a program director laugh off confessions of voter fraud and even seem to encourage it. Yet a day later, both officials tell conservatives that voter fraud never happens.”…WND May 15, 2012

“We control life, Winston, at all its levels. You are imagining that there is something called human nature which will be outraged by what we do and will turn against us. But we create human nature. Men are infinitely malleable.”…George Orwell, “1984″

 

 

From Phil Berger for Senate April 2, 2014.
“Tillis, Berger Issue Joint Statement On Newly Discovered, Alarming Evidence Of Voter Error And Fraud”

“Raleigh, N.C. – House Speaker Thom Tillis (R-Mecklenburg) and Senate Leader Phil Berger (R-Rockingham) issued a joint statement Wednesday in response to more alarming evidence of voter error and fraud discovered by the North Carolina State Board of Elections.

Initial findings from the Board presented to the Joint Legislative Elections Oversight Committee today show:

  • 765 voters with an exact match of first and last name, DOB and last four digits of SSN were registered in N.C. and another state and voted in N.C. and the other state in the 2012 general election.
  • 35,750 voters with the same first and last name and DOB were registered in N.C. and another state and voted in both states in the 2012 general election.
  • 155,692 voters with the same first and last name, DOB and last four digits of SSN were registered in N.C. and another state – and the latest date of registration or voter activity did not take place within N.C.

These findings only take into account data from the 28 states who participated in the 2014 Interstate Crosscheck, leaving out potential voter error and fraud in the 22 states that do not participate in the consortium.

Additionally, during an audit of death records from the Department of Health and Human Services, the Board discovered:

  • 50,000 new death records that had not previously been provided to the State Board of Elections.
  • 13,416 deceased voters on the voter rolls in October 2013.
  • 81 deceased voters that had voter activity after they died.

The findings were made possible by a new election reform law passed by the General Assembly last year, which called on the Board to improve the accuracy of voter registration lists and combat potential fraud by cross checking information on voting records with those of other states.

“While we are alarmed to hear evidence of widespread voter error and fraud, we are encouraged to see the common-sense law passed to ensure voters are who they say they are is working,” said Tillis and Berger. “These findings should put to rest ill-informed claims that problems don’t exist and help restore the integrity of our elections process. We appreciate the State Board of Elections bringing this critical information to light.””

http://philberger.com/news/entry/tillis-berger-issue-joint-statement-on-newly-discovered-alarming-evidence-of-voter-error-and-fraud

From Citizen Wells December 11, 2012.

“How Obama stole the 2012 election was not a either or scenario. It wasn’t just voter fraud or absentee military ballots not counted or the Santa Claus appeal or the organizing strategy of the Obama Campaign or the massive record breaking contributions. It was a combination of those efforts.

I do not yet have a number for absentee military who were disenfranchised. I know for a fact, however, that they were not given a fair chance. I recently spoke to a family member who was in Iraq in 2008. He did not receive a ballot then.

Are you aware that there are over 800,000 undocumented aliens in Florida alone? In the period leading up to the 2008 election there was so much confusion on the part of social workers about illegal aliens and providing them with voter registration forms in Alamance County NC (just east of Greensboro), that the Sheriff’s Dept. documented the controversies in a paper. The Alamance Sheriff’s Dept. has subsequently been harassed by the US Justice Dept. for their efforts to uphold the law.

Obama and the Democrat party have done their best to permit illegal immigration and are now in the process of making them legal to broaden their voter base even more.

From The Examiner December 10, 2012.

“President Obama carried 70 percent of the Latino vote”

“Obama will introduce his own immigration reform proposal in January or February, and people familiar with the president’s plan say it will probably mirror a 2007 Democratic bill that would provide a path to citizenship for nearly all of the immigrants now in the country illegally, which some estimates put as high as 20 million people. That goes much further in dealing with illegal immigrants than Republicans have ever been willing to go, but Obama is betting that a newly chastened GOP will be more willing to negotiate.”

Read more:

http://washingtonexaminer.com/gop-embraces-immigration-reform-in-appeal-to-hispanic-voters/article/2515586#.UMcnSoP7LhI

Forget the popular vote spread between Obama and Romney. There were literally just a handful of counties in Ohio, Pennsylvania, Florida and Virginia that decided the election based on the electoral college. The useless states of California and New York accounted for the popular vote spread.

WND has presented an excellent article on how Obama stole the 2012 election.

From WND December 10, 2012.

“DID OBAMA STEAL THE 2012 ELECTION?”

“Following Barack Obama’s re-election, accusations from some quarters have held that his campaign stole the election through vote fraud. Others claim no vote fraud occurred, and that the election victory resulted from the Obama campaign’s vastly superior get-out-the-vote effort. One RedState diarist has even gone so far as to announce that commenters complaining that the election was stolen will be banned from the site.

With all of the swirling allegations, where does the truth lie? While there have been many proven cases of vote fraud in previous elections, and many credible allegations of fraud in this election cycle, was the cumulative total of all fraud sufficient to throw the election for Obama? After all, Obama’s team ran an intensely focused, highly organized get-out-the-vote effort. Republican efforts were, by comparison, disorganized and nowhere near as comprehensive or sophisticated.

Still, members of the president’s team did everything possible to rig the game in their favor. They took liberties with the law Republicans would never dare attempt and obstructed voter-integrity efforts at every turn, while the vast political-media-entertainment-education-union-nonprofit complex went all in to promote Obama’s narrative.

Democrats and their media allies also engaged in what has fairly been described as a dishonest and “vicious” campaign to discredit the Republican nominee while steadfastly  shielding the administration from its many scandals. Any of these could have sunk Obama’s reelection prospects had the media reported them with the enthusiasm they showed in attacking and spreading disinformation about Romney.

When it comes to outright vote fraud, however, let’s examine first those allegations with the greatest potential for skewing election results.

100 percent vote for Obama

In some inner city precincts, Obama garnered between 98 and 100 percent of the vote. This was most frequently noted about Philadelphia, Pa., and Cleveland, Ohio. Incredulous observers stated, “Third world dictators don’t even get 99 percent of the vote.” Rush Limbaugh quipped, “I mean, the last guy that got this percentage of the vote was Saddam Hussein, and the people that didn’t vote for him got shot.”

But these statements confuse turnout with votes. In communist countries like Saddam’s Iraq, every voter is indeed required to vote for the one choice on the ballot, and participation is close to 100 percent all the time. However, in U.S. elections, turnout has run at about 60 percent for the past three presidential races.”

“Does this mean that vote fraud didn’t occur in these locations? No, but if it did, it was likely not enough to throw the election. One issue that warrants a closer look, however, is absentee ballots. In Ohio, 29.5 percent of the vote came through absentee ballots in 2008 (2012 results are not finalized yet). In Cuyahoga County in 2012, absentee ballots made up 40.5 percent of the total.

According to the New York Times, use of absentee ballots nationwide has tripled since 1980 and now stands at about 20 percent of total ballots cast. The Times notes, “While fraud in voting by mail is far less common than innocent errors, it is vastly more prevalent than the in-person voting fraud that has attracted far more attention, election administrators say.”

Absentee ballots are particularly vulnerable to vote fraud. In one notorious recent case in upstate Troy, N.Y., eight local Democrat politicians were indicted and four have pleaded guilty to falsifying absentee ballots. This was a local election and these politicians won their seats before getting caught. Anthony DeFiglio, a Democratic committeeman who pleaded guilty, said that absentee ballot fraud was a “normal political tactic”:

[It is] an ongoing scheme and it occurs on both sides of the aisle. The people who are targeted live in low-income housing and there is a sense that they are a lot less likely to ask any questions… What appears as a huge conspiracy to nonpolitical persons is really a normal political tactic.

Bob Mirch, the former Republican legislator who first discovered this fraud, said, “It’s an insider game. It takes insiders to do it, and I think it takes insiders to catch those who try to steal the election. … It’s easy to do it and yes, it’s easy to not get caught …” Frank LaPosta, a former Troy, N.Y., city council president said he got run out of the Democratic Party for speaking out against the vote fraud.”

“Just the same, it is clear that Democrats are up to something at inner city polls. Their eye-popping – and illegal – stonewalling of poll watchers strongly suggests nefarious activity. The left’s nationwide campaign to discredit voter integrity efforts as “voter suppression” and their obstinate battle against voter ID laws only serve to reinforce this impression. Following are a few examples of realvoter suppression and threats to voter integrity that occurred in 2012:

  • 75 GOP vote inspectors were ordered to leave Philadelphia poll locations by Democrat poll judges. One judge was caught on audio. A court order sent them back but who knows what went on while they were gone? These poll locations were all within the 59 precincts where Romney received no votes.
  • In Philadelphia, the Community Voters Project, an ACORN clone that employs some former ACORN workers, shredded Republican voter registrations. This is not the first time they have been in trouble.
  • The Florida AFL-CIO threatened True the Vote and Tampa Fair Vote with legal action for submitting voter registration challenges.
  • Maryland Representative Elijah Cummings issued a highly publicized threat against True the Vote and Election Integrity Maryland just for checking voter rolls. EIM found 11,000 questionable registrations, including 1,566 dead voters. The Maryland Board of Elections took no action.
  • Cummings also attacked the Ohio Voter Integrity Project with the same baseless claims.
  • Think Progress falsely claimed True the Vote was “under investigation” by Rep. Cummings, when in fact he has no legal authority to do so.
  • Despite overwhelming nonpartisan public support for voter ID laws, Attorney General Eric Holder’s Justice Department and liberal jurists have delayed, emasculated or defeated ID laws in Texas, Wisconsin, South Carolina, Arizona and Pennsylvania.
  • Holder has vowed to fight voter ID laws as restricting voters’ rights.
  • The Obama administration “spiked investigations” of eight states that had major voter roll problems.
  • The Holder Justice Department conspired with Project Vote on National Voter Registration Act (aka Motor Voter) enforcement lawsuits, which force state and local agencies to become, essentially, low income voter registration drives.
  • In 2009 DOJ announced to its attorneys that it would not enforce voter roll maintenance laws because it wouldn’t increase voter turnout.

“Finally, whatever the actual level of voter fraud that occurred in the 2012 election, the potential for future fraud is truly staggering. Pew Research Center published a report revealing election rolls in a shambles nationwide. They found:

  • 24 million invalid or inaccurate voter registrations
  • 1.8 million deceased voters
  • 2.75 million registered in multiple states.

As noted earlier, Cloward and Piven’s Motor Voter law is responsible for much of this mess.

James O’Keefe’s Project Veritas found 30,000 dead voters still on the rolls in North Carolina, a state Obama won by only 14,000 votes in 2008.”

“llegal alien voting

Glenn Cook of the Las Vegas Review Journal reported in early November that illegal aliens were being pressured, even threatened, by Culinary Union Local 226, to register and vote. Cook related the story of two illegals who told him about it. In Florida, an NBC investigative report found that illegals were registered to vote and indeed have been voting.

This year, immigration officials uncovered a massive document fraud ring operating in Baltimore that has provided thousands of fraudulent driver’s licenses, green cards and Social Security cards to illegals for years. Such documents are apparently easy and inexpensive to obtain.

DHS believes about one-third of illegals in the U.S. are people who have simply overstayed their visas. Many of these people could have obtained driver’s licenses while still legal. Since licenses typically expire after a much longer period, it is reasonable to assume many of these people could be registered to vote.

Because of the National Voter Registration Act (Motor Voter), anyone who obtains a new driver’s license is automatically registered to vote. Furthermore, the NVRA does not require voting officials to verify proof of citizenship when people register. In states where illegals can obtain driver’s licenses, including California, Washington, New Mexico and Utah, they are likely already registered to vote. How many illegals actually vote on a systematic basis is not known, but many do.

In fact, Colorado Secretary of State Scott Gessler found that about 5,000 Colorado illegals voted in the 2010 midterm elections and 12,000 were registered to vote. In 2012, he sent letters to 3,900 people identified as potentially illegal voters. Gessler’s office intends to conduct a thorough statewide analysis once all results are official.

These illegal voters should obviously not be ignored. They could spell the difference between victory and defeat in many cases.

One aspect of Colorado’s voting history merits especially close scrutiny. Colorado has an approximately equal number of registered Republicans (1,157,373) and Democrats (1,151,198). Historically, unaffiliated voters in Colorado have numbered roughly the same. Between 2008 and 2012, however, their numbers grew by a whopping 23 percent, some 248,000 people. Unaffiliated voters, now numbering 1.3 million, are the largest single voting bloc in Colorado. Who are these people?

According to the U.S. Census Bureau, between 2000 and 2010 Colorado’s population grew by 728,000. Fully 42 percent of these were Hispanic and almost all, 303,000, were of Mexican descent. A Gallup poll shows that Hispanics in general (52 percent), but immigrants especially (60 percent), tend to identify as independent. Yet most affiliate with Democrats (52 percent) versus Republicans (23 percent).

How many of these were illegal, and how many of them voted? A study on illegal immigrant demographics by the Center for Immigration Studies estimates Colorado’s illegal population at 167,000, so to pin Obama’s Colorado win on illegals alone would require almost all of these to have registered and voted.

According to the Colorado Secretary of State’s office, Coloradan voters must show a state-issued ID if they have one; if not, a utility bill or Social Security number will suffice. It is likely that some illegals voted and could have contributed to Obama’s victory, but it is unreasonable to assume a large scale illegal vote would have gone unnoticed. Gessler’s observation of a few thousand illegal voters is much more realistic.

Obama’s Colorado win was, however, secured with the unaffiliated vote, and many of these were Hispanic. According to Latino Decisions, an election eve poll claimed that 87 percent of Latinos in Colorado supported Obama over Romney. Nationwide, they found that the GOP was supported by only 25 percent of Hispanics. An October 2012 Pew Hispanic Center poll showed only 21 percent of Hispanics supporting Romney to 69 percent for Obama.

Despite Republican post-election hand-wringing, this is not likely to change much with any kind of concessions to the Hispanic community.

The reasons are straightforward and not dependent upon immigration reform. According to the CIS study, 57 percent of illegals in the U.S. live at or near poverty. Granted amnesty, would this group suddenly embrace the entitlement-reform-minded Republican Party en masse? Who would get credit for amnesty in their minds, Democrats, or the Republicans they dragged to the table? The very act of Republicans “conceding” to Democrats on amnesty and immigration “reform” declares Democrats the victors.

More relevant are the sentiments among legal immigrants and Hispanic U.S. citizens. According to CIS, well over 60 percent of legal immigrants from Mexico and Central American countries – i.e. the vast majority of Hispanic immigrants – live near or in poverty. Among U.S. born Hispanics, 50 percent of households with children are led by single mothers, 55 percent of households with children utilize welfare, and 45 percent of all Hispanic households pay no income tax.

They will probably not be voting Republican anytime soon.”

I URGE YOU TO READ THE ENTIRE ARTICLE HERE:”

https://citizenwells.wordpress.com/2012/12/11/did-obama-steal-2012-election-voter-fraud-santa-claus-effect-absentee-military-ballots-voting-machine-malfunctions-illegal-aliens-voting-illegal-contributions/

 

Thanks to commenter Jonah.

 

 

AL Supreme Court McInnish V Chapman, Justice Bolin concurrence opinion flawed, Status quo tradition and pass the buck, States control presidential election to electoral certification, Qualified candidates on ballot

AL Supreme Court McInnish V Chapman, Justice Bolin concurrence opinion flawed, Status quo tradition and pass the buck, States control presidential election to electoral certification, Qualified candidates on ballot

“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

“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

“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

 

 

I still do not know how to take the concurrence opinion from Justice Bolin in the AL Supreme Court McInnish V Chapman decision.

It is still a bit surreal.

On the one hand, Justice Bolin agrees that the disired result is qualified candidates with any difficiencies discovered by the state. I.E. an ounce of
prevention is worth a pound of cure. He also states that the Alabama legislature should pass laws to facilitate this.

On the other hand, he (in sync with most of the nation) passes the buck, abrogating the responsibility of the state of AL to place a qualified candidate on
the ballot. This is in direct contradiction to the US Constitution as well as federal and state election laws. This is well clarified by Chief Justice Moore.

Most law school graduates are intelligent and take a rigorous course of study.

Perhaps all do not take logic 101.
I will address the “High spots” of what Justice Bolin wrote and why I believe that he erred.

Justice Bolin:

“I respectfully disagree with Chief Justice Moore’s dissent to the extent that it concludes that the Secretary of State presently has an affirmative duty to
investigate the qualifications of a candidate for President of the United States of America before printing that candidate’s name on the general-election
ballot in this State. I fully agree with the desired result; however, I do not agree that Alabama presently has a defined means to obtain it.”

The following AL election statute seems clear to me.

“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.”

Justice Bolin:

“The evidence suggests that the Secretary of State had expressed to the plaintiffs and their representatives well prior to the primary and as early as February 2, 2012, that she had no duty to investigate the eligibility qualifications 3 of a presidential candidate. Barack Obama was nominated as
his party’s presidential candidate at the Democratic National Convention on September 5, 2012. For this election, ballots were required to be printed and delivered to the absentee election manager of each county by at least September 27, 2012. See § 17-11-12, Ala. Code 1975. The plaintiffs did not
file their petition challenging Barack Obama’s ballot access until October 11, 2012, approximately eight months after being apprised of the Secretary of State’s position that she had no affirmative duty to investigate and two weeks after the ballots were to be printed and delivered to the various
counties. The failure by the plaintiffs to at least file their petition challenging ballot access during the intervening time between Barack Obama’s nomination as his party’s presidential candidate and the time in which the ballots were due to be printed and delivered to the various counties constitutes, I believe, “inexcusable delay” on the part of the plaintiffs. The prejudice that would have ensued from such a late challenge, if successful, would have been
twofold: first, assuming it could have been accomplished from a practical standpoint, the reprinting and distribution of general-election ballots would have come, at that late date, at great financial cost to the State; and second, and just as important, the reprinted ballots would differ from absentee
ballots already sent to the members of our military and other citizens overseas. This would not be a proper way to conduct such an important election.”

Justice Bolin seems more concerned about a CYA for the Secretary of State than in upholding the constitution.

From the McInnish V Chapman Writ of Mandamus.

“13. On February 2,2072 Plaintiff MCINNISH, together with his attorney and others, visited the Office of the Secretaryo f State,a t which the Hon. Emily
Thompson,Deputy Secretaryo f State,speaking in the absence of and for the Secretary of State, s tated that her office would not investigate the legitimacy of
any candidate ,thus violating her duties under the U.S. and Alabama Constitutions.”

The AL Secretary of State’s office was forewarned.

If the AL Secretary of State had reacted in a responsible, constitutional way, minimally the Attorney General could have been consulted and simple steps
taken to remedy the situation. The plaintiffs were forced to file the Writ of Mandamus. The state of urgency was created by the state of AL. Justice Bolin
attempts to lay the blame on the plaintiffs.

None of the concerns Justice Bolin stated related to upholding the constitution.

“This would not be a proper way to conduct such an important election.”

What about the thousands of disenfranchised voters casting votes for a disqualified candidate?

Justice Bolin:

“Moving beyond the merits of the matter before us, and
with due regard to the vital importance to the citizenry of
the State of Alabama that the names of only properly qualified
candidates appear on a presidential-election ballot for
election to the highest office in our country, I write
specially to note the absence of a statutory framework that
imposes an affirmative duty upon the Secretary of State to
investigate claims such as the one asserted here, as well as
a procedure to adjudicate those claims. The right of a lawful
and proper potential candidate for President to have ballot
access must be tempered and balanced against a clear process
for removal of an unqualified candidate. Nothing in this
process should be left to guesswork, or, with all proper
respect, to unwritten policies of the Secretary of State, and
certainly not without a disqualified candidate having a clear
avenue for judicial review consistent with the time
constraints involved and due-process considerations.”

Nothing in this process should be left to guesswork ???

That is exactly the situation we had in 2008 and 2012. The states abrogating their responsibilities with the last check of checks and balances being the
certification of electoral votes by congress. Congress failed in their duty despite being notified.

Talk about guesswork!

Justice Bolin:

“The general duties and scope of the Secretary of State’s
office are codified in § 36-14-1 et seq., Ala. Code 1975.
Section 17-1-3, Ala. Code 1975, provides that the Secretary of
State is the chief elections official in the State and, as
such, shall provide uniform “guidance” for election
activities. It is, however, a nonjudicial office without
subpoena power or investigative authority or the personnel
necessary to undertake a duty to investigate a nonresident
candidate’s qualifications, even if such a duty could properly
be implied.”

What is his point? There were multiple avenues open to the Secretary of State. The AL Attorney General could have been queried and if necessary a
clarification from the courts. The Secretary of state “shall provide uniform ‘guidance'” and “Only qualified candidates to be listed on ballots.” Do your job
and let others do theirs. The common sense analogy is from the business world. Managers are responsible but delegate or refer tasks to the appropriate
personnel.

Justice Bolin:

“These sections, when read together, require only that the
Secretary of State certify and include on the general-election
ballot those presidential candidates who have been nominated
by their respective parties following that party’s national
convention and who are otherwise qualified to hold the office
of President. However, nothing in the express wording of
these statutory provisions imposes upon the Secretary of State
the duty to affirmatively investigate the qualifications of a
1120465
11
presidential candidate. Consistent with this conclusion is
Op. Att’y Gen. No. 1998-00200 (August 12, 1998), which states:
“The Secretary of State does not have an
obligation to evaluate all of the qualifications of
the nominees of the political parties and
independent candidates for state offices prior to
certifying such nominees and candidates to the
probate judges pursuant to [§ 17-9-3, Ala. Code
1975]. 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,
the Secretary of State should not certify the
candidate.””

Bingo!

“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, the Secretary of State should not certify the candidate.”

He just made my point!

Justice Bolin:

“Rather, the Secretary of State contends that the task of ensuring a candidate’s qualifications is left to the leadership of that candidate’s respective political party, a less than ideal procedure for all challengers because of its partisan nature. See generally Knight v. Gray, 420 So. 2d 247
(Ala. 1982) (holding that the Democratic Party had the authority to hear pre-primary challenges to the political or legal qualifications of its candidates).”

Here is the common thread with most states. Tradition within and without state laws wields more power than it should. State officials are used to getting
their cues from political parties. This is written into state laws. However, political parties have no particular consititutional power or responsibility.

Justice Bolin:

“Courts in other states have tended to agree that the investigation of eligibility requirements of a particular candidate is best left to the candidate’s political party. In Keyes v. Bowen, 189 Cal. App. 4th 647, 117 Cal. Rptr. 3d 207 (2010), the plaintiffs brought an action against California’s
Secretary of State and others, alleging that there was reasonable doubt that President Obama was a natural-born citizen, as is required to become President of the United States (U.S. Const., Art. II, § 1) and that the Secretary of State had a ministerial duty to verify that President Obama met the constitutional qualifications for office before certifying him for inclusion on the ballot. The trial court entered a judgment against the plaintiffs, concluding that the
Secretary of State was required to see that state election laws were enforced, but that the plaintiffs had failed to identify a state election law imposing a duty upon the Secretary of State to demand documentary proof of birthplace from presidential candidates. Id. The plaintiffs appealed.”

He quotes a CA ruling (speaks for itself).
2 wrongs don’t make a right.

Finally lucidity and responsibility.

Justice Bolin:

“Looking forward, I would respectfully call upon the legislature to provide legislation that imposes this duty upon the Secretary of State and to give that office the authority and tools necessary to compel the compliance by a candidate, and that candidate’s party, upon penalty of disqualification.”

“However, it should not be necessary to rely on a post-election Congressional remedy if it can be proven before the election that the candidate is not qualified. The Secretary of State should have the written mandate to determine requisite qualifications, and a disqualified candidate should have a defined path of expedited judicial review.”

“There are obvious reasons why such post-election challenges would be undesirable. As Rick Hasen has argued in Beyond the Margin of Litigation, pre-election litigation is generally preferable to post-election litigation. It is generally better to resolve disputes before an election, allowing problems to be avoided in advance rather than putting courts in the difficult position of cleaning up the mess afterwards. This is particularly true in the context of a challenge to a presidential candidate’s qualifications. In the event that a candidate is deemed ineligible, the party could still put up a substitute.
“Of course, it is up to states–and, in particular, to state legislatures–to define the rights and remedies available in cases where a presidential candidate is alleged to be ineligible. There is certainly no constitutional requirement that the state provide either a pre-election remedy
(such as denial of ballot access) or a post-election remedy (like an order invalidating election results) for such disputes. But there remains no
constitutional bar to such state-law remedies. In fact, such remedies would seem to fall squarely within what Article II contemplates in leaving it to
state legislatures to define the manner by which presidential electors are appointed.”

Alabama Supreme Court ruling.

https://acis.alabama.gov/displaydocs.cfm?no=565288&event=40Y0LG67K

AL Supreme Court decision McInnish V Chapman likely taken to US Supreme Court, Attorney Larry Klayman, Chief Justice Roy Moore, A few good judges, Presidential candidate eligibility state function

AL Supreme Court decision McInnish V Chapman likely taken to US Supreme Court, Attorney Larry Klayman, Chief Justice Roy Moore, A few good judges, Presidential candidate eligibility state function

“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

“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

“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 WND March 23, 2014.
“That we have sadly become a nation of men and not of laws is best seen in the context of the legal challenges to the eligibility of Barack Hussein Obama to be president of the United States. Clearly, even if Obama were born in Hawaii and not Kenya to an anti-American, Muslim, anti-Semitic father – and his being born in the United States is doubtful given all that we know (see “Where’s the Real Birth Certificate?”) – he is not a natural born citizen – that is born to two citizen parents – as required by the U.S. Constitution.

Over the last five years, many court challenges have been filed concerning Obama’s eligibility. Indeed, I have filed three in Florida and one in Alabama. In every instance, and I am not just referencing the cases that I filed, these court challenges have been dismissed. (They are currently on appeal.) But what is more troubling than the dismissals is that the judges presiding over these cases have generally refused to even explain the reasons for their dismissals. Apparently, they are so afraid of taking on this issue that they don’t want to go on record for their actions. That is because these dismissals are not legally justified.

To challenge a black president’s qualifications is to be branded a racist. Obama and his minions know this well and have milked his race at every turn to guilt white America, including its judges, into acquiescing to his continued destructive leadership bent on turning the country into not only a socialist pro-Muslim state, but one which is second rate in the world.”

“Last Friday, one of the few great judges in this land, Chief Justice Roy Moore of the Alabama Supreme Court – the jurist who was first impeached for displaying the Ten Commandments in his courtroom and then overwhelmingly elected by the people of the state to be their chief justice – had the courage to write a compelling dissenting opinion validating our challenge to Obama’s eligibility to be president. While seven of his nine fellow justices took the easy way out perhaps to show that Alabama is no longer the state once governed by George Wallace and rejected my ballot challenge, Chief Justice Moore without political correctness and without the disingenuous and cowardly sensitivity to Obama’s race, told it like it is. He ruled that Alabama did have a legal duty to verify that candidates for the presidency are eligible to serve as natural born citizens if elected (see decision at FreedomWatch), Moore concluded:

“Furthermore, I believe the circuit court should have granted the petition for a writ of mandamus to order the Secretary of State to investigate the qualifications of those candidates who appeared on the 2012 general-election ballot for President of the United States, a duty that existed at the time this petition was filed and the object of the relief requested. Although the removal of a President-elect or a President who has taken the oath of office is within the breast of Congress, the determination of the eligibility of the 2012 presidential candidates before casting of its electoral votes is a state function.””

Read more:

 http://www.wnd.com/2014/03/a-few-good-judges/#iHtOzMRR31fDBoKM.99

Significance of AL Supreme Court decision.

“Regardless of how this plays out, we have ensconced in writing, on the internet and available for other legal reference and quotation, a document with well
researched dissenting opinions by the AL Chief Justice Moore and Justice Parker regarding the duties and responsibilities of state election officials.
Perhaps just as important is the mention of documentation provided by the Arpaio Zullo investigation raising serious questions about Obama birth
certificates.”

https://citizenwells.wordpress.com/2014/03/23/significance-of-mcinnish-v-chapman-al-supreme-court-decision-us-supreme-court-ruling-justices-moore-and-parker-clarify-state-duties-serious-questions-about-obama-birth-certificates/

 

 

Significance of McInnish V Chapman AL Supreme Court Decision, US Supreme Court ruling?, Justices Moore and Parker clarify state duties, Serious questions about Obama birth certificates

Significance of McInnish V Chapman AL Supreme Court Decision, US Supreme Court ruling?, Justices Moore and Parker clarify state duties, Serious questions
about Obama birth certificates

“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

“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

“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

Regardless of how this plays out, we have ensconced in writing, on the internet and available for other legal reference and quotation, a document with well
researched dissenting opinions by the AL Chief Justice Moore and Justice Parker regarding the duties and responsibilities of state election officials.
Perhaps just as important is the mention of documentation provided by the Arpaio Zullo investigation raising serious questions about Obama birth
certificates.

Judge Parker wrote:

“(Case no. 1110665.) As I noted in my unpublished special concurrence to this Court’s order striking McInnish’s petition for a writ of mandamus: “McInnish
attached certain documentation to his mandamus petition, which, if presented to the appropriate forum as part of a proper evidentiary presentation, would
raise serious questions about the authenticity of both the ‘short form’ and the ‘long form’ birth certificates of President Obama that have been made
public.”

On March 6, 2012, the Secretary of State was served with McInnish’s petition for a writ of mandamus, including the attached documentation raising questions
about President Obama’s qualifications. That documentation served by McInnish on the Secretary of State was sufficient to put the Secretary of State on
notice and raise a duty to investigate the qualifications of President Obama before including him as a candidate on an Alabama election ballot.”

The McInnish V Chapman case should proceed to the US Supreme Court, the justices should rule and clarify the duties and roles of state election officials.
The poorly reasoned opinions of the consenting justices should be denigrated and the well reasoned, well written and constitutionally sound arguments of
Chief Justice Roy Moore should be upheld. This case, while highlighting eligibility deficiencies of Obama, focuses on the role of the AL Secretary of State,
and that is what the SCOTUS would focus on. The mootness aspect could also be addressed

Mootness could also be addressed by another case before the SCOTUS. Paige V State of Vermont. Central to this case is Obama’s natural born citizen status. If
this case is selected for full court review, we would expect a clarification of the definition of natural born citizen. This is mandatory as even many
constitutional scholars are divided on the definition.

We have in McInnish v Chapman, the most extensive and comprehensive delineation and definition of the duties of Alabama state election officials including
the Secretary of State. Many of us, including Citizen Wells, have addressed this adequately beginning in 2008. Though not rocket science, nor requiring a
legal degree to understand, it was beneficial to have a strong constitutional defender such as Chief Justice Moore to explain it with so much documentation.

To sum up the gist of Chief Justice Moore’s argument which is mine as well. Clearly the responsibility for presidential elections is that of the states up to
the certification of electoral college votes. The US Constitution requires that the president be a natural born citizen. The states are given some leeway in
procedural matters. The state laws and procedures vary considerably. There is no law stating that all presidential candidates must be preemptively
investigated to insure being qualified. However, since only a qualified candidate can legally be elected, it is imperative that the states take all
appropriate measures. The states in general have failed miserably at this. Some states have explicit laws and procedures to remedy a non qualified candidate.
Some have provisions for challenges. New Hampshire requires a natural born citizen certification.

From Justice Bolin:

“I concur with this Court’s no-opinion affirmance of this case. However, I write specially because I respectfully disagree with Chief Justice Moore’s dissent
to the extent that it concludes that the Secretary of State presently has an affirmative duty to investigate the qualifications of a candidate for President
of the United States of America before printing that candidate’s name on the general-election ballot in this State. I fully agree with the desired result;
however, I do not agree that Alabama presently has a defined means to obtain it.”

I read this with a certain amount of incredulity. After pondering it for a while I am wondering if this was intentional. A set up?

There are 2 simple steps that could have been and should have been taken. Immediately contact the AL Attorney General and request guidance. Get clarification
on the definition of natural born citizen and request a certified copy of the birth certificate. You know, one like I have a copy of, a copy of the original
certified by the governing office.

After comparing the ludicrous concuring opinions with the well reasoned, constitutionally sound opinion of Chief Justice Moore, one has to wonder if this was
a set up for the SCOTUS.

On the topic of mootness, I somewhat disagree with Chief Justice Moore as well others on remedies for removal of Obama if he is not qualified. Mootness only applies in the context of state duties since they did end with the electoral college certification. However, the clarification of state duties in AL and the other states is just as if not more important. Impeachment in the general since would apply but not in the presidential removal through congress. If Obama is not qualified he is not president. No ceremony or adulation by brainwashed school children effects that.

If Obama is not qualified, he should immediately be arrested and tried for treason.

Few are willing to state this, but it is the truth.

Of course with the Obama controlled USDOJ this would be tricky.

However, Eric Holder and others in the USDOJ were selected by Obama and perhaps they could be removed first.

Other states and state election officials should take notice. If Obama is proven to be ineligible, many of those officials have committed treason as well. Not to mention enablers like Nancy Pelosi, et al.

I and others contacted NC and other state election officials in 2008 as well as 2012 to warn them of probable Obama eligibility deficiencies. They were warned and have no excuse.

It is on the record now. From a state supreme court.

State election official duties.

Probable Obama eligibility deficiencies.

The results of the Arpaio Zullo investigation now take on more significance.

AL Supreme Court ruling March 21, 2014, McInnish V Chapman, Ruling and dissent

AL Supreme Court ruling March 21, 2014, McInnish V Chapman, Ruling and dissent

“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

“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

The Alabama Supreme Court has made a ruling on the Obama Eligibility case in McInnish V Chapman.

From initial reading there is a non affirmative ruling with significant dissent.

From Chief Justice Roy Moore’s dissenting conclusion.

“Although the plaintiffs’ request for relief is moot as to
the legality, conduct, and results of the 2012 election, under
the “capable of repetition, yet evading review” exception to
mootness, the circuit court, in my view, should have granted
the petition for a writ of mandamus to the extent of ordering
the Secretary of State to implement the natural-born-citizen
requirement of the presidential-qualifications clause in
future elections.

Furthermore, I believe the circuit court should have
granted the petition for a writ of mandamus to order the
Secretary of State to investigate the qualifications of those
candidates who appeared on the 2012 general-election ballot
for President of the United States, a duty that existed at the
time this petition was filed and the object of the relief
requested. Although the removal of a President-elect or a
President who has taken the oath of office is within the
breast of Congress, the determination of the eligibility of
the 2012 presidential candidates before the casting of the
electoral votes is a state function.

This matter is of great constitutional significance in
regard to the highest office in our land. Should he who was
elected to the presidency be determined to be ineligible, the
remedy of impeachment is available through the United States
Congress, and the plaintiffs in this case, McInnish and Goode,
can pursue this remedy through their representatives in
Congress.

For the above-stated reasons, I dissent from this Court’s
decision to affirm the judgment of the circuit court
dismissing this action on the motion of the Secretary of
State.”

https://acis.alabama.gov/displaydocs.cfm?no=565288&event=40Y0LG67K

Florida election corruption bias incompetence, Secretary of State, Judges, Voeltz v Obama treatment obstruction of justice, Obama eligibility case ignored obfuscated and delayed

Florida election corruption bias incompetence, Secretary of State, Judges, Voeltz v Obama treatment obstruction of justice, Obama eligibility case ignored obfuscated and delayed

“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

“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

“As a general rule the law contemplates the Secretary of State is to accept qualifying instruments from anyone who swears he is eligible and pays the qualifying fees. This rule should not be construed to require the Secretary of State to place the name of a person on the ballot who is obviously not eligible and when such lack of eligibility is known to him as the state’s chief elections officer.”…Justice Boyd, STATE EX REL. SHEVIN v. STONE, FL, August 10, 1972

I was asked recently why I had not included Florida with Alabama and Vermont supreme court challenges to Obama’s eligibility.

The reasons are simple.

First, no eligibility hearing has yet been scheduled for the FL Supreme Court. Why has the Voeltz v Obama eligibility challenge not reached the FL Supreme Court, unlike AL and VT?

Some combination of corruption, bias and incompetence within the executive, judicial and perhaps even legislative bodies of the State of Florida.

Secretary of State duty.

From the Florida statutes.

“97.012 Secretary of State as chief election officer.–The Secretary of State is the chief election officer of the state, and it is his or her responsibility to:

(1) Obtain and maintain uniformity in the interpretation and implementation of the election laws.”

OATH OF OFFICE
(Art. II. § 5(b), Fla. Const.)

“I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of”

THE STATES ARE RESPONSIBLE FOR THE PRIMARIES, GENERAL ELECTION AND EVENTS THROUGH 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.”

From page 2 of the Florida “2012 Federal Qualifying Handbook”

“PART II: PRESIDENT AND VICE PRESIDENT

Qualifications

1. Must be a natural born citizen of the United States.
2. Must be at least 35 years of age.
3. Must be a resident of the United States for 14 years.”

“Must be” is not a suggestion.

Florida Election statutes

“Title IX

102.168 Contest of election.–
“(1) Except as provided in s. 102.171, the certification of election or nomination of any person to office, or of the result on any question submitted by referendum, may be contested in the circuit court by any unsuccessful candidate for such office or nomination thereto or by any elector qualified to vote in the election related to such candidacy, or by any taxpayer, respectively.

(2) Such contestant shall file a complaint, together with the fees prescribed in chapter 28, with the clerk of the circuit court within 10 days after midnight of the date the last board responsible for certifying the results officially certifies the results of the election being contested.

(3) The complaint shall set forth the grounds on which the contestant intends to establish his or her right to such office or set aside the result of the election on a submitted referendum. The grounds for contesting an election under this section are:”

“(b) Ineligibility of the successful candidate for the nomination or office in dispute.”

The FL Secretary of State has a ministerial duty in the elections.

Ministerial defined.

Merriam Webster.

a : being or having the characteristics of an act or duty prescribed by law as part of the duties of an administrative office
b : relating to or being an act done after ascertaining the existence of a specified state of facts in obedience to a legal order without exercise of personal judgment or discretion.

Legal dictionary.

“Ministerial describes an act or a function that conforms to an instruction or a prescribed procedure. It connotes obedience. A ministerial act or duty is a function performed without the use of judgment by the person performing the act or duty.”

Obedience is the common denominator. To a legal order or conforming “to an instruction or a prescribed procedure.”

This includes the US Constitution and US Code.

Furthermore.

Justice Boyd in STATE EX REL. SHEVIN v. STONE from August 10, 1972 states:

“As a general rule the law contemplates the Secretary of State is to accept qualifying instruments from anyone who swears he is eligible and pays the qualifying fees. This rule should not be construed to require the Secretary of State to place the name of a person on the ballot who is obviously not eligible and when such lack of eligibility is known to him as the state’s chief elections officer. The burden of litigating the matter should be upon the one seeking to qualify.”

Response from FL elected officials and judges.

From Citizen Wells February 1, 2012.

A  challenger discovered this recently.

“Below and attached is a scanned copy of the letter I just received from the Secretary of State, AKA Florida Supervisor of Elections, in response to the Obama Ballot Challenge I filed 9 January 2012 with him and Attorney General Pam Bundi. The Constitution of the State of Florida (1838) and as amended through 2008 and by adoption of the 2012 Federal Qualifying Handbook (October 2011) the State of Florida has accepted the qualifications for President and Vice President listed therein, based solely on the Certifications of Qualifications from the Political Parties.Read carefully, looks like we have no protection from fraud by either Party. Still waiting for response from the Attorney General.

Vern H. Goding, Ret. OathKeeper.
Melbourne Village, Fl 32904″

Response from Gary Holland, Assistant General Counsel.

“After an election, section 102.168, Florida Statutes, provides that any unsuccessful candidate for the office being sought, any voter qualified to vote in the election, or any taxpayer may file an election contest in the circuit court based upon the successful candidates’s ineligibility for the office sought. Such contest must be brought within 10 days of the date the last board responsibe for certifiying the results officially ceetified the results of the election being contested.”

https://citizenwells.wordpress.com/2012/02/01/fl-primary-opens-door-to-obama-eligibilty-challenge-florida-statutes-allow-contest-10-day-window-circuit-court-obama-natural-born-citizen-deficiency/

Read the entire response from Assistant General Counsel Holland here:

http://obamaballotchallenge.com/sunshine-state-shenanigans

Voeltz v Obama was presented before 2 courts in FL. I will leave it to the reader to decide what combination of corruption, bias and incompetence applies to the judges.

Michael Voeltz filed a contest of election in Leon County Circuit Court on February 15, 2012.

A motion to dismiss from Obama and Secretary of State Ken Detzner was granted by Judge Terry Lewis on June 29, 2012.

The entire response from Judge Lewis will not be evaluated at this time. However, enough of the judge’s suspect reasoning will be presented to raise eyebrows.

Judge Lewis presents a flawed description of Natural Born Citizen and quotes a flawed decision in Akeny v Governor of Indiana. That is scary enough.

The next example is clearly more black and white.

Judge Lewis quotes a small portion of Cherry v Stone from August 4, 1972. This is not the better ruling to quote and not the latest.

From STATE EX REL. SHEVIN v. STONE from August 10, 1972.
“The resign law is not Secretary Stone’s to administer by such a determination, any more than the campaign spending law. His charge under the constitution and statute does not extend to the substance or correctness or enforcement of a sworn compliance with the law — with “matters in pais”, as it were. Once the candidate states his compliance, under oath, the Secretary’s ministerial determination of eligibility for the office is at an end. Any challenge to the correctness of the candidate’s statement of compliance is for appropriate judicial determination upon any challenge properly made, as here.”

Justice Boyd adds

“I agree with the majority opinion disposing of Miller and Wright.

As a general rule the law contemplates the Secretary of State is to accept qualifying instruments from anyone who swears he is eligible and pays the qualifying fees. This rule should not be construed to require the Secretary of State to place the name of a person on the ballot who is obviously not eligible and when such lack of eligibility is known to him as the state’s chief elections officer. The burden of litigating the matter should be upon the one seeking to qualify.

The Attorney General is properly bringing this action as the Attorney for the State. Few matters in a democracy can be of greater importance to the people than those relating to qualifications of candidates for public office.”

From above:

“Once the candidate states his compliance, under oath, the Secretary’s ministerial determination of eligibility for the office is at an end.”

No oath, no written compliance with the law was provided by Obama.

Plaintiff Voeltz took the case to the Second Judicial Circuit Court of Leon County.

On December 20, 2012 Judge Kevin Carroll dismissed the complaint with prejudice.

Judge Carroll states that “the Electoral College met and voted on December 17, 2012.”

“this court cannot now alter the Electoral College process.”

How convenient, the state of FL dragged out this process instead of acting and expediting it.

Judge Carroll also states:

“the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida does not have jurisdiction to determine the issue of qualification for the Office of President of the United States, particularly at this date in the process.”

Judge Carroll paraphrases “Miracle on 34th Street”, that the US government recognizes Obama as president and again with the element of elapsed time as if that was prohibitive.

Judge Carroll is wrong and should be impeached!

Let’s go through some of the references to the president and candidates in general not being qualified. There are mechanisms in place for removing them from office.

At the state level, the federal government gives the states the power to control elections through the submission of the electoral count to congress.

The State election officials are not prohibited from questioning eligibility.

Even in FL, as noted above:

“Once the candidate states his compliance, under oath, the Secretary’s ministerial determination of eligibility for the office is at an end.”

From 2 southeastern states:

NORTH CAROLINA

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:
Position

President 

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

GEORGIA

§ 21-2-5.  Qualifications of candidates for federal and state office; determination of qualifications
“(a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.

(b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon his or her own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The administrative law judge shall report his or her findings to the Secretary of State.”

Electoral college vote.

UNITED STATES CODE

TITLE 3 THE PRESIDENT

Manner of voting

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

Congress certifies electoral count.

“If any objections to the Electoral College vote are made, they must be submitted in writing and be signed by at least one member of the House and one Senator. If objections are presented, the House and Senate withdraw to their respective chambers to consider their merits under procedures set out in federal law.”

After the certification, the Constitution reveals the protocol for dealing with a president or candidate who is not qualified.

AMENDMENT XX

“Section 1. The terms of the President and Vice President shall
end at noon on the 20th day of January, and the terms of Senators
and Representatives at noon on the 3d day of January,
of the years in which such terms would have ended if this article
had not been ratified; and the terms of their successors shall
then begin.

Section 2. The Congress shall assemble at least once in every
year, and such meeting shall begin at noon on the 3d day of
January, unless they shall by law appoint a different day.

Section 3. If, at the time fixed for the beginning of the term of
the President, the President elect shall have died, the Vice
President elect shall become President. If a President shall not
have been chosen before the time fixed for the beginning of his
term, or if the President elect shall have failed to qualify, then
the Vice President elect shall act as President until a President
shall have qualified; and the Congress may by law provide for the
case wherein neither a President elect nor a Vice President elect
shall have qualified, declaring who shall then act as President,
or the manner in which one who is to act shall be selected, and
such person shall act accordingly until a President or Vice
President shall have qualified.”

AMENDMENT XXV

“Section 1. In case of the removal of the President from office or
of his death or resignation, the Vice President shall become
President.

Section 2. Whenever there is a vacancy in the office of the Vice
President, the President shall nominate a Vice President who shall
take office upon confirmation by a majority vote of both Houses of
Congress.

Section 3. Whenever the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice President as
Acting President.

Section 4. Whenever the Vice President and a majority of either
the principal officers of the executive departments or of such
other body as Congress may by law provide, transmit to the
President pro tempore of the Senate and the Speaker of the House
of Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice
President shall immediately assume the powers and duties of the
office as Acting President.

Thereafter, when the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability exists,
he shall resume the powers and duties of his office unless the
Vice President and a majority of either the principal officers of
the executive department or of such other body as Congress may by
law provide, transmit within four days to the President pro tempore
of the Senate and the Speaker of the House of Representatives their
written declaration that the President is unable to discharge the
powers and duties of his office. Thereupon Congress shall decide
the issue, assembling within forty-eight hours for that purpose if
not in session. If the Congress, within twenty-one days after
receipt of the latter written declaration, or, if Congress is not
in session, within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that the
President is unable to discharge the powers and duties of his
office, the Vice President shall continue to discharge the same as
Acting President; otherwise, the President shall resume the powers
and duties of his office.”

As you see, there are laws and procedures in place from early in the nomination process and past inauguration to remedy a president or candidate who is not eligible.

It is a damn shame that we have judges and election officials in Florida and other states who shirk their constitutional duties and make such idiotic statements.

For more information and commentary visit.

http://obamaballotchallenge.com/

http://obamareleaseyourrecords.blogspot.com/

Obama eligibility challenged in 2 supreme courts, May 28, 2013, VT or AL, Most liberal or most conservative state, Obama birth certificate natural born citizen status

Obama eligibility challenged in 2 supreme courts, May 28, 2013, VT or AL, Most liberal or most conservative state, Obama birth certificate natural born citizen status

“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

“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

“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

 

Obama’s eligibility to be president as a natural born citizen of the US is being challenged in 2 state supreme courts.

In Vermont, perhaps the most liberal state in the US, H. Brooke Paige has challenged Obama’s natural born citizen status due to his father being Kenyan/British.

In Alabama, perhaps the most conservative state in the US, Virgil Goode and Hugh McInnish have challenged Obama’s natural born citizen status since no evidence of US birth has been presented. Mike Zullo of the Arpaio investigation has submitted a lengthy affidavit regarding the image placed on WhiteHouse.gov and other records.

We expect a fair proceeding in the AL Supreme Court. The Chief Justice, Roy Moore, is a strong proponent of adhering to the US Constitution and has spoken of the lack of evidence for Obama being eligible.

From Citizen Wells April 1, 2013.

From Attorney Larry Klayman April 2013.

“Obama eligibility appeal in Roy Moore’s court”

“Many cases challenging Barack Obama’s presidential eligibility have come and gone, but now an appeal has been filed with a state Supreme Court led by a newly elected chief justice who has expressed doubt about Obama’s qualification for office.”
 

“Now, 2012 Constitution Party presidential nominee Virgil Goode and Alabama Republican Party leader Hugh McInnish are asking the state’s highest court to force Secretary of State Beth Chapman to verify that all candidates on the state’s 2012 ballot were eligible to serve.”

“Moore is on the record questioning Obama’s eligibility.

 
In an interview with WND in 2010, he defended Lt. Col Terrence Lakin’s demand that President Obama prove his eligibility as commander in chief as a condition of obeying deployment orders.
 
Moore said he had seen no convincing evidence that Obama is a natural-born citizen and much evidence that suggests he is not.
 
Moore said Lakin “not only has a right to follow his personal convictions under the Constitution, he has a duty.”
 
“And if the authority running the efforts of the war is not a citizen in violation of the Constitution, the order is unlawful,” he said.”
 

https://citizenwells.wordpress.com/2013/04/01/obama-eligibility-appeal-filed-in-judge-roy-moores-alabama-supreme-court-attorney-larry-klayman-secretary-of-state-beth-chapman-failed-to-verify-moore-expressed-doubts-about-obama/

What may surprise you is the hearing that H. Brooke Paige received before the VT Supreme Court on April 23, 2013.

Despite the best efforts of Vermont state attorney Todd Daloz to obfuscate by distorting VT statutes and election responsibilites and Mr. Paige’s standing, some of the justices presented intelligent questions and statements.

I have had several email exchanges and a lengthy phone conversation with H. Brooke Paige. This quote says much:

“Right Now – “its wait and see” here in the Green Mountains. I have great
confidence (for reasons I cannot reveal) that this question will be
adjudicated to a favorable finality.”

Read more:

https://citizenwells.wordpress.com/2013/05/19/vermont-obama-eligibility-challenge-update-may-19-2013-h-brooke-paige-appeal-in-vt-supreme-court-awaiting-decisions-on-multiple-issues-obama-not-natural-born-citizen/

Here is a segment of exchanges between Vermont state attorney Todd Daloz and the supreme court justices.