David Farrar V Barack Obama, Georgia ballot, Obama not natural born citizen, Obama attorney Michael Jablonski motion, GA election laws
“Why did Obama, prior to occupying the White House, employ Robert Bauer of Perkins Coie, to assist him in avoiding the presentation of a legitimate birth certificate and college records?”…Citizen Wells
“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense, to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells
“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells
Obama has engaged private attorney Michael Jablonski to respond to the Pre Trial order filed by David Farrar. The order requests that Barack Obama’s name be removed from the Georgia State ballot because Obama is not a natural born citizen and therefore not qualified for the office of the president.
Some information on Attorney Michael Jablonski.
“Michael Jablonski represents select clients in matters related to politics: campaigns with contract problems; candidates facing ethics charges; political consultants charged with trademark and copyright violations; media buyers and candidates confused by the FCC’s lowest unit charge rules; businesses with campaign contribution problems; citizens using the Georgia Open Records Act or the Federal Freedom of Information Act; and others that have been caught in the mire of campaign finance and ethics law.”
Looks like Obama has picked the right attorney.
From David Farrar V Barack Obama.
“(4) The issues for determination by the Court are as follows:
A. Is the candidate’s proffered birth certificates, authentic state-issued documents that verify his actual, physical birth in Hawaii?
B. Is the candidate an Article II natural born citizen of the United States as established in US. Supreme Court case: Minor vs Happersett 1875 Page 88 U. S. 163
C. O.C.G.A. § 21-2-560 Making of False Statements Generally. Is the candidate’s Social Security number, authentic?”
Two segments from Mr. Jablonski’s motion.
“The Democratic Party of Georgia determines names to include on its Presidential Preference Primary ballot at its sole discretion. O.C.G.A. 21 -2-193. A state political party “enjoys a constitutionally protected freedom which includes the right to identify the people who constitute this association to those people only.”
“Furthermore, the citizenship issue the plaintiff seeks to raise was soundly rejected by 69,456,897 Americans in the 2008 elections, as it has been by every judicial body ever to have considered it.”
The GA Democratic Party may put anyone they want on the ballot. However, that right does not trump the US Constitution dictate that the president must be a natural born citizen. GA election law clearly provides the Secretary of State and electors the power to challenge the qualifications of candidates. Also, to my knowledge, no court in this country has ruled that Obama is a natural born citizen.
I was born and raised in NC, have some experience reading legal documents and we also have some good dictionaries in NC. I have read the motion from Mr. Jablonski as well as the 2008 and 2011 versions of Georgia election laws. I will leave it for the reader to evaluate the accuracy of the following statements by Michael Jablonski in the hope that good dictionaries and logical thought capabilities exist in other parts of the country.
From the motion filed December 16, 2011 by attorney Michael Jablonski.
“President Obama asks for dismissal of this attempt to deprive the Democratic Party of Georgia of its statutory right to name candidates to the Presidential Preference Party held to apportion Gerogia’s delegates to the Democratic National Convention. No provision of Georgia law authorizes a challenge to a political party’s identification of names it wishes its members to consider in a preference primary for purposes of apportioning delegates to its National Convention.The Democratic Party of Georgia properly identified Barack Obama as a candidate to whom National Convention delegates will be pledged based upon votes in the preference poll. Georgia law does not authorize the Secretary of State to exercise any discretion or oversight over the actions of a political party participating in a preference primary. Indeed, any review by the Secretary of State would interfere with associational rights of the Democratic Party guaranteed by the First Amendment to the United States Constitution.”
“The Time Limit for filing any challenge under O.C.G.A. 21-2-5 (if it appplies) specifies a two week period after qualifying in which a challenge can be filed.”
“The Secretary of State’s involvement in the Presidential Preference Primary process, other than conducting balloting, is limited to receiving names submitted by political parties for inclusion in the preference primary, publishing the submitted names on a website, and including the names on the ballot.”
“O.C.G.A. 21-2-193. The Presidential Preference Primary statute does not empower the Secretary of State to review submissions of names by political parties.”
“O.C.G.A. 21-2-5 does not apply to the Presidential Preference Primary because the preference primary is not an election”
“Nothing in the context of O.C.G.A. 21-2-5 “clearly requires” applicability to the preference primary.”
From the Georgia Election Statutes.
“O.C.G.A. § 21-2-193 (2011)
§ 21-2-193. List of names of candidates to appear on ballot; publication of list
On a date set by the Secretary of State, but not later than 60 days preceding the date on which a presidential preference primary is to be held, the state executive committee of each party which is to conduct a presidential preference primary shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference primary ballot. Such lists shall be published on the website of the Secretary of State during the fourth week immediately preceding the date on which the presidential preference primary is to be held.”
“O.C.G.A. § 21-2-200 (2011)
§ 21-2-200. Applicability of general primary provisions; form of ballot
A presidential preference primary shall be conducted, insofar as practicable, pursuant to this chapter respecting general primaries, except as otherwise provided in this article. In setting up the form of the ballot, the Secretary of State shall provide for designating the name of the candidate to whom a candidate for delegate or delegate alternate is pledged, if any.”
“TITLE 21. ELECTIONS
CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY
ARTICLE 1. GENERAL PROVISIONS
O.C.G.A. § 21-2-5 (2011)
§ 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.
(c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike such candidate’s name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate’s name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted.”
“TITLE 21. ELECTIONS
CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY
ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
O.C.G.A. § 21-2-191 (2011)
§ 21-2-191. Parties entitled to hold primaries; dates; decision to elect delegates to presidential nominating convention in primary; qualifying periods for candidates for delegate
As provided in this article, a presidential preference primary shall be held in 2012 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in this state, so that the electors may express their preference for one person to be the candidate for nomination by such person’s party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held in each year in which a presidential election is to be conducted on a date selected by the Secretary of State which shall not be later than the second Tuesday in June in such year. The Secretary of State shall select such date no later than December 1 of the year immediately preceding such primary. A state political party or body may by rule choose to elect any portion of its delegates to that party’s or body’s presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary; provided, however, that such dates shall not be later than 60 days preceding the date on which the presidential preference primary is to be held.”
“O.C.G.A. § 21-2-521 (2011)
§ 21-2-521. Primaries and elections which are subject to contest; persons who may bring contest
The nomination of any person who is declared nominated at a primary as a candidate for any federal, state, county, or municipal office; the election of any person who is declared elected to any such office (except when otherwise prescribed by the federal Constitution or the Constitution of Georgia); the eligibility of any person declared eligible to seek any such nomination or office in a run-off primary or election; or the approval or disapproval of any question submitted to electors at an election may be contested by any person who was a candidate at such primary or election for such nomination or office, or by any aggrieved elector who was entitled to vote for such person or for or against such question.”
“O.C.G.A. § 21-2-522 (2011)
§ 21-2-522. Grounds for contest
A result of a primary or election may be contested on one or more of the following grounds:
(1) Misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result;
(2) When the defendant is ineligible for the nomination or office in dispute;
(3) When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result;
(4) For any error in counting the votes or declaring the result of the primary or election, if such error would change the result; or
(5) For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election.”
David Farrar filing:
Attorney Michael Jablonski filing