Category Archives: Secretary of State

Obama on Ohio ballot, Warren County judge to rule, Obama not eligible, Constitutional crisis, David Neal lawsuit

Barack Obama is not eligible to be president and a Warren County Ohio resident, David Neal, has filed a lawsuit to remove Obama from the ballot. Here are some exerpts from a Dayton Daily News article:

“Judge to rule on local man’s attempt to kick Obama off ballots

By Justin McClelland

Staff Writer

Thursday, October 30, 2008

LEBANON — A Warren County judge will decide whether Sen. Barack Obama’s name can appear on Ohio election ballots after listening this morning, Thursday, Oct. 30, to a Turtlecreek Twp. man who claims that the Democratic presidential candidate is not a U.S. citizen and cannot be elected president.

David Neal appeared in Warren County Common Pleas Court after filing a lawsuit on Friday. Neal wants a court order to remove Obama’s name from ballots to be used in the general election on Tuesday, Nov. 4.

Neal claims Obama was not born in the United States and cannot be president because the U.S. Constitution allows only native-born citizens to be elected to that post.

“We’re facing a constitutional crisis,” Neal said this morning in court. “Until we get to the bottom of this, there’s going to be disenfranchisement.””

Read more here:

http://www.daytondailynews.com/n/content/oh/story/news/local/2008/10/30/ws103008obamasuit.html

Help Philip J Berg defend the Constitution:

http://obamacrimes.com

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

Legal Notice

To:

The State of North Carolina

The Governor of North Carolina

The Attorney General of North Carolina

The Secretary of State of North Carolina

The NC Board of Elections

The Electoral College Electors of North Carolina

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

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

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

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

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

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

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

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

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

Elections and Election Laws.

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

Position

President 

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

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

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

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

Attachments:
Email sent to NC Board of Elections:

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

I am a NC voter.

Citizen Wells
Email sent to NC Secretary of State:

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

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

 

“Our Constitution is in actual operation; everything appears to promise
that it will last; but nothing in this world is certain but death and
taxes.”

Benjamin Franklin

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

Thomas Jefferson

“The ballot is stronger than the bullet.”

Abraham Lincoln

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

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

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

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

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

UNITED STATES ELECTION LAW

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

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

Pennsylvania Law

“§ 3192. Meeting of electors; duties.
The electors chosen, as aforesaid, shall assemble at the seat of government of this Commonwealth, at 12 o’clock noon of the day which is, or may be, directed by the Congress of the United States, and shall then and there perform the duties enjoined upon them by the Constitution and laws of the United States.”

NC Law

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

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

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

President

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

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

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

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

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

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

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

Barack Obama birth certificate hearing, Hawaii Judge sets hearing, Andy Martin plaintiff, Defendants Linda Lingle, Dr. Chiyome Fukino, November 18, 2008

From Andy Martin:

“Hawaii Circuit Judge Bert I Ayabe set a November 18 hearing in Andy Martin’s case to release Barack Obama’s original, typewritten 1961 birth certificate and any supporting documents
 
 
(HONOLULU)(October 29, 2008) Judge Bert I Ayabe Wednesday set a hearing in the case of Andy Martin vs. Linda Lingle, First Circuit for Honolulu, No. 08-1-2147-10.
 
The hearing is set for November 18, 2008 at 10:30 A.M.
 
Anyone wishing to contribute to the expenses of this litigation is welcome to do so:
http://CommitteeofOneMilliontoDefeatBarackObama.com
 
———————————————
ANDY MARTIN
Post Office Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax  (866) 707-2639
Temporary Hawai’i
tel. (917) 664-9329
Plaintiff pro se
 
 
 
CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
 
 
ANDY MARTIN,                         ) CIVIL NUMBER: 08-1-2147-10
                                             ) (Declaratory Judgment)
          Plaintiff,                        )  Judge Ayabe
                                             )
     vs.                                    ) COMPLAINT FOR
                                             ) DECLARATORY JUDGMENT;
LINDA LINGLE, in her                ) EXHIBIT 1: SUMMONS
Official capacity as Governor      )
Of the State of Hawai’i,             )
DR. CHIYOME FUKINO, in her     )
official capacity as Director        )
of the Department of Health,     )
                                             )
          Defendants.                  )
_________________________________
 
 
 
COMPLAINT FOR DECLARATORY JUDGMENT

 

     Plaintiff ANDY MARTIN (“Plaintiff”), pro se, alleges in his Complaint for Declaratory Judgment against the Defendants as follows:
 
PARTIES, JURISDICTION AND VENUE

 
     Plaintiff ANDY MARTIN is the author of a book on Senator Barack Obama (“Senator Obama”). He has also been writing columns and commentary about the senator for over four (4) years.   
     Defendants LINDA LINGLE and DR. CHIYOME FUKINO are Governor and Director of the Department of Health, respectively.
     This Complaint for Declaratory Relief and these proceedings are instituted pursuant to § 632-1, Hawai’i Revised Statutes.
     Venue is proper in this Court pursuant to § 603-36, Hawaii Revised Statutes.
 

STATEMENT OF CLAIM
 
     1. Plaintiff requested a certified copy of the birth certificate of Senator Obama from the Department of Health and tendered the requisite fee.
     2. Defendants refused to provide a copy of said certificate, invoking the confidentiality statutes of the State.
     3. The issue of the Senator’s birth certificate has become a controversial topic of intense national speculation.
     4. As an author who strives for factual accuracy and attempts to conduct thorough research Plaintiff wants a copy of the Senator’s birth certificate attested to by the State and not a “certificate” which is posted on a web site and which has been debunked as possibly having been altered.
     5. One of the more literate and temperate analyses of the unlawfulness of the Defendants’ refusal to issue certified copies of the birth certificate is contained in Exhibit 1 attached hereto.
     6. To the extent that the Defendants’ files contain or retain original supporting data for the birth certificate, Plaintiff asks that he also be supplied with that information and/or material as well.
     7. It is axiomatic that the birth certificate of a presidential candidate is a document of crucial public concern and significance.
     8. While Hawai’i statutes call for a balancing or weighing test where production is considered by a court, most respectfully Plaintiff submits that the balance falls entirely on the side of disclosure where the original birth certificate of a presidential candidate is concerned.

 

DECLARATORY RELIEF SOUGHT

 
     9. Based on the relevant statutes and constitutional law, including Article One, Section 4 (“freedom of the press”) and § 92F-15 (e) and § 338-18 (a) (9), Plaintiff asks that the Court direct and order defendants to turn over forthwith a copy of Senator Obama’s birth certificate and related files and records, and without any delay.
 

     WHEREFORE, Plaintiff Andy Martin prays for relief as follows:
     A. For a declaration by this Court that Plaintiff is an author and writer and is a person to whom the birth certificate of Senator Obama can and should properly be delivered forthwith;
     B. For such other relief as this Court deems just and equitable.
     Dated: Honolulu, Hawai’i, ______________________
 
                                   Respectfully submitted,
 
                                   ANDY MARTIN
                                   Plaintiff Pro se”

Obama not eligible, Constitutional crisis, Philip J Berg lawsuit, Electoral College meeting, Obama not natural born citizen

The Philip J Berg lawsuit that states that Obama is not eligible to be president was dismissed by Judge Surrick last week. Howver, the lawsuit is still alive in the appeals court and will be submitted to the US Supreme Court tomorrow, October 30, 2008. Mr. Berg is trying to prevent a constitutional crisis. Jeff Schreiber has an article that explains what may happen:

 

“Obama Must Stand Up Now or Sit Down
By Dr. Edwin Vieira, Jr.
NewsWithViews.com

America is facing potentially the gravest constitutional crisis in her history. Barack Obama must either stand up in a public forum and prove, with conclusive documentary evidence, that he is “a natural born Citizen” of the United States who has not renounced his American citizenship—or he must step down as the Democratic Party’s candidate for President of the United States—preferably before the election is held, and in any event before the Electoral College meets. Because, pursuant to the Constitution, only “a natural born Citizen, or a Citizen of the United States at the time of the Adoption of th[e] Constitution, shall be eligible to the Office of President” (Article II, Section 1, Clause 4). And Obama clearly was not “a Citizen of the United States at the time of the Adoption of th[e] Constitution.”

Whether the evidence will show that Obama is, or is not, “a natural born Citizen” who has never renounced his American citizenship is an open question. The arguments on both sides are as yet speculative. But Obama’s stubborn refusal to provide what he claims is “his own” country with conclusive proof on that score compels the presumption that he knows, or at least strongly suspects, that no sufficient evidence in his favor exists. After all, he is not being pressed to solve a problem in quantum physics that is “above his pay grade,” but only asked to provide the public with the original copy of some official record that establishes his citizenship. The vast majority of Americans could easily do so. Why will Obama not dispel the doubts about his eligibility—unless he can not?
Now that Obama’s citizenship has been seriously questioned, the burden of proof rests squarely on his shoulders. The “burden of establishing a delegation of power to the United States * * * is upon those making the claim.” Bute v. Illinois, 333 U.S. 640, 653 (1948). And if each of the General Government’s powers must be proven (not simply presumed) to exist, then every requirement that the Constitution sets for any individual’s exercise of those powers must also be proven (not simply presumed) to be fully satisfied before that individual may exercise any of those powers. The Constitution’s command that “[n]o Person except a natural born Citizen * * * shall be eligible to the Office of President” is an absolute prohibition against the exercise of each and every Presidential power by certain unqualified individuals. Actually (not simply presumptively or speculatively) being “a natural born Citizen” is the condition precedent sine qua non for avoiding this prohibition. Therefore, anyone who claims eligibility for “the Office of President” must, when credibly challenged, establish his qualifications in this regard with sufficient evidence.”

Read more here:

http://www.americasright.com/

Help Philip J Berg defend the Constitution:

http://obamacrimes.com

Philip J Berg, Supreme Court, Washington DC, October 29, 2008, MommaE radio show, Uphold the Constitution

From MommaE tak radio:

“Hi,
 
This afternoon’s show is definitely ON!!  I am waiting on a call from Phil Berg!  Everyone that you can rally in the DC area and that can get to the Supreme Court, make some signs that say McCain Supporter’s for the Constitution, Uphold Our Constitution, Obama Supporter’s For The Constitution, American’s Defending Our Constitution and be ready to go at a minute’s notice!!
 
Mr. Berg will let me know if they are going to be through in time for him to make the 2:10 Train to DC!  I will immediately send it out that he is on his way and as many as possible are then to meet him at the steps to the Supreme Court, holding up your signs and making a lot of noise!  Fox News will meet him at the Train Station and follow him all the way to the Supreme Court.  When he arrives make noise and yell Speech, Speech and he will speak and Fox News will film it all!  This is IMPORTANT so please don’t let Mr. Berg show up with NO one there to show OUR support and to let America know that what Obama and the DNC is doing is NOT right!!  If I wasn’t in Oklahoma, I’d be there with you all leading the pack, holding up a sign that says Obama Supporter’s!!!
 
Please make your signs and have them ready and if it is a GO for today I will let you know and if not then the signs will be ready for tomorrow and I will let you know what time to be there tomorrow!!  Fox has said they will be there as soon as he lets them know and it will be as described as above!!!
    
Please post this on every Blog that you can and e-mail it to every one you know!
 
Here is the information for the show!
 
http://blogtalkradio.com/mommaeradiorebels
 
Call In No: 347-237-4870
 
Show times areas follows;
 
NOON  Pacific Time
 
1:00  PM Mountain Time
 
2:00  PM Central Time
 
3:00  PM Eastern Time
 
You can just listen to the show by clicking on the Listen Live Button, or you can register, sign in and then you can join in the chatting,or just read what everyone is posting while you listen to the show!
 
Hope to see you all there!!!
 
Evelyn/MommaE”
   

Obama born in Kenya, Obama Indonesian, Obama illegal alien, State election officials, Board of elections, Electors, US Constitution, Federal Election Laws, State Election Laws, Will Electoral College Electors vote for illegal alien?

Barack Obama was born in Kenya. Documented.

Barack Obama became an Indonesian citizen. Documented.

Barack Obama is an illegal alien. Documented.

No illegal alien has ever been on the US presidential ballot. Documented.

The US Constitution states the qualifications for president.

The US Constitution rules.

Federal Election Law: 

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

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

State example: Pennsylvania Law

“§ 3192. Meeting of electors; duties.
The electors chosen, as aforesaid, shall assemble at the seat of government of this Commonwealth, at 12 o’clock noon of the day which is, or may be, directed by the Congress of the United States, and shall then and there perform the duties enjoined upon them by the Constitution and laws of the United States.”

Any state official, Governor, Lt Governor, Attorney General, Secretary
of State, Election Board Official. If you think you are absolved of
responsibility and are holding the DNC responsible, you are wrong. Many of you have sworn an oath to uphold the Constitution. You may be subject to impeachment, expulsion and legal action. You have a duty to the US Constitution and the people of your state.

State election officials from the Secretaries of State and Election Boards
have been quoted as saying they take their cue from the DNC for candidates
placed on the ballot. That does not absolve them of responsibility.
They are bound to uphold the Constitution. These officials have been
forewarned. It is their duty to ensure that no voter in their state
is disenfranchised.

Electoral College Electors, knowingly voting for an ineligible candidate, will be violating the Constitution.
Woe to anyone with election powers, clinging to tradition, and blaming
the DNC for not vetting Obama. You have no excuse and will be held accountable.

US Constitution, Federal Election Laws, State Election Laws

Obama ineligible, Obama born in Kenya, Obama Indonesian, US Constitution, States, Secretary of State, Board of Elections, Electors, States must uphold US Constitution, 2008 Election

“In late December 1783, when General Washington resigned as commander in chief, he visited the Continental Congress for the last time…. General Washington read a brief statement praising the officers and soldiers of the Continental Army for their eight years of service. He also commended “our dear country to the protection of Almighty God.” As he said these words, his voice broke and tears streamed down the general’s cheeks and he was unable to speak for a full minute.”

From “Washington’s Secret War” by Thomas Fleming

“The collective wisdom of the founding fathers astounds me.”

Citizen Wells 

2008 Presidential Election

  States must uphold US Constitution

  

 

The DNC, Howard Dean, Nancy Pelosi, et al ramroded Obama through the
DNC Convention and nomination.

Obama stole the nomination from Hillary Clinton. Documented evidence
reveals widespread voter fraud involving Acorn and the Obama camp in
the primaries and general election.

Barack Obama is not eligible to be president. He was born in Kenya and
became an Indonesian citizen. Obama is still Indonesian and is an illegal alien. There is ample proof of this and more is being revealed. Obama has failed to repudiate these facts.

Election officials and Electors in all 50 states and DC will be held
accountable to uphold the US Constitution
.

The Philip J Berg lawsuit will be taken to the Supreme court if necessary. Lawsuits are constrained by the level of proof placed on the plaintiff.
However, there is no such standard for those bound to uphold the
Constitution. Those swearing an oath of allegiance to the Constitution are being forewarned that with the oath comes a responsibility  and a higher level of recourse for violation of that oath. Consider the following:

High Crimes and Misdemeanors

Citizen Wells will be contacting the secretary of state or commonwealth
in all states and will email the following article that reveals the duties to uphold the Constitution:

US Constitution, Federal Election Laws, State Election Laws 

Each state will be notified of the article and the fact that they will be
held accountable. Taking their cue from the Democratic party or other
excuses will not be accepted. Each person sworn to uphold the Constitution will be personally held accountable. Citizen Wells also urges the citizens of each state to make known their desire to uphold the Constitution.

Below is a list of the 50 states and DC. As each state is contacted, this
article will be updated. Please comment with your information and concerns
about your state election officials and electors.

Alabama Emailed 10/27/08

Alaska Email 10/27/08

Arizona Email 10/28/08

Arkansas Email 10/27/08

California Email 10/27/08

Colorado Email 10/27/08

Connecticut Email 10/27/08

Delaware Email 10/28/08

Florida Telephone/email 10/27/08, Florida response – see comment below

Georgia Email 10/28/08

Hawaii Email 10/27/08

Idaho Email 10/27/08

Illinois

Indiana Email 10/28/08

Iowa Email 10/28/08

Kansas Email 10/28/08

Kentucky Email 10/28/08

Louisiana Email 10/28/08

Maine Email 10/28/08

Maryland Email 10/28/08

Massachusetts Email 10/28/08

Michigan Email 10/28/08

Minnesota Email 10/27/08

Mississippi Email 10/28/08

Missouri Email 10/27/08

Montana Email 10/28/08

Nebraska Email 10/28/08

Nevada Email 10/28/08

New Hampshire Email 10/28/08

New Jersey Email 10/28/08

New Mexico Email 10/27/08

New York Email 10/28/08

North Carolina Telephone/email 10/27/08

North Dakota Email 10/28/08

Ohio Email 10/28/08

Oklahoma Email 10/28/08

Oregon Email 10/28/08

Pennsylvania Telephone/email 10/27/08

Rhode Island Email 10/28/08

South Carolina Email 10/28/08

South Dakota Email 10/28/08

Tennessee Email 10/28/08

Texas Email 10/28/08

Utah Email 10/28/08

Vermont Email 10/28/08

Virginia    

Washington Email 10/28/08

West Virginia Email 10/28/08

Wisconsin Email 10/27/08

Wyoming Email 10/28/08

Dictrict of Columbia

 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

 

 

Obama not eligible to be president, US Constitution, Obama born in Kenya, Obama is Indonesian, Secretary of State, Board of elections, Electors, Accountable, Uphold Constitution, Citizen Wells to American public

“Our Constitution is in actual operation; everything appears to promise
that it will last; but nothing in this world is certain but death and
taxes.”

Benjamin Franklin

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

Thomas Jefferson

“The ballot is stronger than the bullet.”

Abraham Lincoln

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

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

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

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

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

UNITED STATES ELECTION LAW

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

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

Pennsylvania Law

“§ 3192. Meeting of electors; duties.
The electors chosen, as aforesaid, shall assemble at the seat of government of this Commonwealth, at 12 o’clock noon of the day which is, or may be, directed by the Congress of the United States, and shall then and there perform the duties enjoined upon them by the Constitution and laws of the United States.”

NC Law

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

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

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

President 

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

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

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

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

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

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

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

Philip J Berg lawsuit, Berg appealing to US Supreme Court, October 25, 2008, Obama not qualified to be president, Standing challenged

Philip J Berg is appealing his lawsuit dismissal to the US Supreme Court. Here is Mr. Berg’s news release:

“Press Release: Berg v. Obama dismissed – Berg appealing to U. S. Supreme Court
Saturday, 25 October 2008 16:51 administrator Main – News    Philip J. Berg is Appealing to the U.S. Supreme Court as Obama is “NOT” qualified to be President of the United States Lawsuit Against Obama Dismissed from Philadelphia Federal Court

For Immediate Release: – 10/25/08 – Contact Info at end.
UPDATE: Ruling attached at end. It’s a really poor copy, but it is all we have for the moment. Willl put up a better copy when we get one.

(Lafayette Hill, Pennsylvania – 10/25/08) – Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced today that he is immediately appealing the dismissal of his case to the United States Supreme Court. The case is Berg v. Obama, No. 08-cv-04083.

Berg said, “I am totally disappointed by Judge Surrick’s decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court.

This is a question of who has standing to uphold our Constitution. If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to question the eligibility of an individual to be President of the United States – the Commander-in-Chief, the most powerful person in the world – then who does?

So, anyone can just claim to be eligible for congress or the presidency without having their legal status, age or citizenship questioned.

According to Judge Surrick, we the people have no right to police the eligibility requirements under the U.S. Constitution.

What happened to ‘…Government of the people, by the people, for the people,…’ Abraham Lincoln in his Gettysburg Address 1863.

We must legally prevent Obama, the unqualified candidate, from taking the Office of the Presidency of the United States,” Berg said.

Our website obamacrimes.com now has 71.8 + million hits. We are urging all to spread the word of our website – and forward to your local newspapers and radio and TV stations.

Berg again stressed his position regarding the urgency of this case as, “we” the people, are heading to a “Constitutional Crisis” if this case is not resolved forthwith.

* * For copies of all Court Pleadings, go to obamacrimes.com

# # #

Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 19444-2531
Cell (610) 662-3005
(610) 825-3134
(800) 993-PHIL [7445]
Fax (610) 834-7659
philjberg@obamacrimes.com  This e-mail address is being protected from spambots. You need JavaScript enabled to view it”

Read more here:

http://obamacrimes.com

Judge Surrick Dismisses Berg lawsuit, Philip J Berg, Jeff Schreiber analysis

Judge Surrick dismissed the Philip J Berg lawsuit that states that Obama is Indonesian and not eligible to be president. Jeff Schreiber has provided some information on Judge Surrick’s ruling:

“Saturday, October 25, 2008
Lawsuit Against Obama Dismissed from Philadelphia Federal Court
 
The order came down at approximately 6:15 p.m. on Friday. Philip Berg’s lawsuit challenging Illinois Sen. Barack Obama’s constitutional eligibility to serve as president of the United States had been dismissed by the Hon. R. Barclay Surrick on grounds that the Philadelphia attorney and former Deputy Attorney General for the Commonwealth of Pennsylvania lacked standing.

Surrick, it seemed, was not satisfied with the nature of evidence provided by Berg to support his allegations.
Various accounts, details and ambiguities from Obama’s childhood form the basis of Plaintiff’s allegation that Obama is not a natural born citizen of the United States. To support his contention, Plaintiff cites sources as varied as the Rainbow Edition News Letter … and the television news tabloid Inside Edition. These sources and others lead Plaintiff to conclude that Obama is either a citizen of his father’s native Kenya, by birth there or through operation of U.S. law; or that Obama became a citizen of Indonesia by relinquishing his prior citizenship (American or Kenyan) when he moved there with his mother in 1967. Either way, in Plaintiff’s opinion, Obama does not have the requisite qualifications for the Presidency that the Natural Born Citizen Clause mandates. The Amended Complaint alleges that Obama has actively covered up this information and that the other named Defendants are complicit in Obama’s cover-up.”

 

“So, who does have standing? According to the Hon. R. Barclay Surrick, that’s completely up to Congress to decide.

If, through the political process, Congress determines that citizens, voters, or party members should police the Constitution’s eligibility requirements for the Presidency, then it is free to pass laws conferring standing on individuals like Plaintiff. Until that time, voters do not have standing to bring the sort of challenge that Plaintiff attempts to bring in the Amended Complaint.”

 

“Berg’s attempts to distinguish his own case from Hollander were deemed by Judge Surrick to be “[h]is most reasonable arguments,” but his arguments citing statutory authority were said by the judge to be a venture “into the unreasonable” and were “frivolous and not worthy of discussion.” All in all, the judge wrote, it was the satisfaction of the injury-in-fact requirement which was the problem. Berg’s harm was simply too intangible.

…regardless of questions of causation, the grievance remains too generalized to establish the existence of an injury in fact. To reiterate: a candidate’s ineligibility under the Natural Born Citizen Clause does not result in an injury in fact to voters. By extension, the theoretical constitutional harm experienced by voters does not change as the candidacy of an allegedly ineligible candidate progresses from the primaries to the general election.

Berg, disappointed by the decision, plans to appeal to the Third Circuit Court of Appeals and then to the United States Supreme Court.

“This is a question of who has standing to stand up for our Constitution,” Berg said. “If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to ask whether or not the likely next president of the United States–the most powerful man in the entire world–is eligible to be in that office in the first place, then who does?””

Read more here:

http://www.americasright.com/

The Constitution must be upheld.

Citizen Wells will post an article in the next 48 hours with an action plan.