Tag Archives: Board of Elections

NC lawsuit, Obama is not eligible, Donald Sullivan, Lt Col, North Carolina Secretary of State, Elaine Marshall, Board of Elections, Class Action, Notice and Demand for Injunctive Relief, Case #08CV1153, Update November 27, 2008

We received an update from Lt Col Donald Sullivan last night regarding his class action lawsuit in North Carolina against Secretary of State Elaine Marshall and the NC State Board of Elections.

“On another subject, as you know I filed a Demand for Injunctive Relief, Case #08CV1076, on October 20th, against the NC Secretary of State to have Obama’s eligibility for the office of President validated.  The Attorney General’s office filed a motion to dismiss on the 27th.  It was a very good motion to dismiss, and on October 29th, my Demand was dismissed for cause, but not “with prejudice”.  What they didn’t know was that I had filed the case without any legal research just to get it on the record before the election.  The result was that the three assistant attorney generals did a great deal of legal research for me in their brief on their motion to dismiss; so I could easily file my follow-up case, with corrections, after the election.  On November 7th, I filed a “class action” Notice and Demand for Injunctive Relief with the Superior Court of North Carolina, Case #08CV1153, with the Board of Elections and the Secretary of State as Defendants.  I have not yet been notified of a hearing date.  I did receive the order from the first case on November 20th.  In it, the judge had added “with prejudice” to his ruling.  I have moved to amend that order and will be heard December 1st.
      I have received numerous phone calls and e-mails from people from all over the country who are either interested in my lawsuit, or who have information to share in its regard.  I was also contacted by the attorney for Presidential candidate and former ambassador to the UN, Allen Keyes, who has filed a similar lawsuit this past week against Obama’s candidacy.  Maybe we have something on this Obama fellow, since there are, at last count, at least 18 similar actions in several states and in the federal courts.  In any event, I am of the opinion that our next president, be he Obama or some other ne’er do well, shall be our last, for all practical purposes.  I am attaching my new Obama bumper sticker for your perusal.
      My next day in court, unless the Obama suit gets there quicker, is on December 1st.  It will be a hearing on my Notice and Demand to Amend Order in the permit case where the county and the court are threatening to destroy my house if I don’t get permits, and charge me almost $40,000.00 in fines, as of this month, for building it without permission.  The Obama motion is also calendared for that date.  Following that, I have a trial on December 15th in my appeal of a conviction in the second right to travel case.  It is, after all, a target-rich environment.”

Lt Col Donald Sullivan NC lawsuit

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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.