Tag Archives: Writ of Mandamus

Wrotnowski V Bysiewicz, US Supreme Court, December 15, 2008, Justices decide Cort Wrotnowski versus Connecticut Secretary of State Bysiewicz, Writ of Mandamus, Obama not eligible, Stay denied

The US Supreme Court today, Monday, December 15, 2008, the same day
that the Electoral College is meeting to vote for president and vice
president, has decided:

 

08A469

 

 

WROTNOWSKI, CORT V. BYSIEWICZ, CT SEC. OF STATE

 

 

The application for stay and/or injunction addressed

 

 

to Justice Scalia and referred to the Court is denied.

 

 

 

Most of the Electors believe, falsely, that they have an overriding
obligation to vote base on political party dictates and/or state laws
dictating they must vote based on the popular vote. The Electors owe
allegiance only to the US Constitution and the American public.

Electoral College Questions and Answers

Citizen Wells letter to Electoral College Electors

This is the opinion of Citizen Wells and I will stand by the following:

The US Supreme Court, on multiple occasions, in regard to several
lawsuits challenging Obama’s eligibility to be president, have not
addressed three distinct constitutional issues that need to either
be ruled on or clarified:

  • Obama’s eligibility to be president and the relevance of natural
    born citizen.
  • Clarification of state powers and duties to ensure that Electoral
    College Electors have a qualified candidate on the ballot to vote for.
  • Applicability of oaths taken to uphold and defend the Constitution
    to the election process. Marbury V Madison is clear on oaths. Why are
    the states ignoring this?

I respect the institution of the US Supreme Court. That respect does
not automatically flow to the individual Justices. Respect must be
earned. Every citizen of this country has a duty to uphold the US
Constitution. Supreme Court Justices have the highest duty to
uphold the US Constitution. They are not above the law. We will hold
them accountable.

Unless I read something soon that encourages me to believe that the
US Supreme Court is functioning as it should, I am compelled to
believe that some or all of the Supreme Court Justices are guilty of
dereliction of duty, if not “High Crimes and Misdemeanors.”

Here is the heart of the complaint

“HOLDING BY THE PLAINTIFF

 

Holding Regarding the Role of the State Supreme Court
 

The plaintiff asserts that Connecticut law is not explicit with respect to taking action against potential election fraud at the national level.  It neither authorizes nor prohibits.  In fact, it is silent on this important issue.  The only statutes providing direction are 9-323, and for Federal Election Disputes, sec. 10-13, 10-14, 10-15, and 10-17(a) (as found in  Connecticut Appellate Practice and Procedure, 3rd Edition, chapter titled:  Original Proceedings in the Supreme Court, pages 385-387.)

We do not have a federal ballot controlled by the federal government, we have Connecticut state election for electors who are pledged for a particular candidate which allows each state to determine how and in what manner they choose to project their power at the National Electoral College.

 
In the special case of individuals seeking the office of President of the United States, the US constitution prescribes a system of electors where citizens of the respective state have a state controlled election wherein electors representing the interest of the named individual on the state ballot are so elected as to represent the interests of the respective state at the Electoral College.
 

State law determines how the electors are determined and act. Since this is in actual fact a state election, our Secretary of State has prevue over certification of not just the counts of the ballots so cast for the named candidate for President, but also the veracity of the system which including publishing and promoting the ballot and for certifying or decertifying challenged candidates; in this case the electors who act as proxies for the candidate.
 

The plaintiff argues that the Connecticut constitution and statutes and enforcement should be consistent with the principles of the U.S. constitution.  When Connecticut law provides no guidance, then an electoral duty ascribed at the national level applies at the state level as well.  If there are national standards for preventing fraud in an election, then there need to be similar standards at the state level.  The state Supreme Court is responsible for ensuring that that Connecticut laws follows the U.S. Constitution.  In particular, Sec. 10-17(a) sets forth how the State Supreme Court can provide remedy.

 

Holding regarding Responsibility of the Secretary of State in National Elections
 

It is argued that the lack of language in the state law does not preclude the Secretary of State, as the Chief of Elections, from verifying national candidates for whom her constituents will vote especially so when allegations of blatant profound fraud is widely asserted.

 

She has threaded a path to inaction by her selective choice of words.  Hers is a “sin of omission” argument.  Estopple argument would say otherwise. Furthermore, without explicate legislative direction, there are still very clear “implied duties” that follow from Connecticut Statutes, Connecticut Constitution and  the U.S. Constitution that demand consideration and action from this independent branch of Government charged with action.

 

There are at least four statutes that set forth the duties of the Secretary of  State.  Plaintiff bolded passages in Sec. 9-3 for emphasis.

 

From:  Connecticut General Statutes

 

Sec. 3-77. General duties; salary. Office of Secretary full time.

…  provisions of section 11-4c. The Secretary may give certified copies of any entries in such records, files, books or other papers and of the files and records of said Superior Court and of the Supreme Court, remaining in the office, which copies shall be legal evidence. … The Secretary shall receive an annual salary of one hundred ten thousand dollars and shall devote full time to the duties of the office.

 

 Sec. 9-3. Secretary to be Commissioner of Elections. Presumption concerning rulings and opinions.

The Secretary of the State, by virtue of the office, shall be the Commissioner of Elections of the state, with such powers and duties relating to the conduct of elections as are prescribed by law and, unless otherwise provided by state statute, the secretary’s regulations, declaratory rulings, instructions and opinions, if in written form, shall be presumed as correctly interpreting and effectuating the administration of elections and primaries under this title, except for chapter 155, provided nothing in this section shall be construed to alter the right of appeal provided under the provisions of chapter 54.

 

 

The bolded language in Sec. 9-3  demonstrates that the legislature fully expected the Secretary of State to act independently and proactively to address situations germane to the task of executing elections consistent with all requirements of the constitutions and statutes.

 

The implied duty argument is vital for circumstances where questions about candidates remain, even up to Election Day.  She claims no such responsibility, yet the “national system” to which Secretary Bysiewicz refers to does not exist and/or has provided no remedy.  Despite popular misunderstanding, the FEC provides no verification whatsoever.  As the Chief of Elections, the Secretary of State is responsible for protecting Connecticut voters from fraud and unfair elections. Buck stops there.

 

Eligibility is a fundamental issue that strikes at the heart of fair elections.  Where the question of eligibility has become so obvious and clear, as in the case of Sen. Obama’s missing birth certificate, the Secretary of State must move to protect the voters, investigating the allegations of fraud or directing such agency as deemed proper such as the SEEC which would investigate and inform the Secretary of State of their findings.”

Wednesday, November 26, 2008

Citizen Wells comment

“There is apparently more chicanery going on at the US Supreme Court. First, Leo Donofrio had an unjust encounter
with clerk Danny Bickell. Now, Cort Wrotnowski has filed an emergency stay application with the US Supreme
Court and he is receiving the same unjust treatment from clerk Danny Bickell.”
Leo Donofrio

 

“US Supreme Court stay clerk Danny Bickell is guilty of obstruction of justice for the second time. Yesterday, Cort Wrotnowski filed an emergency stay application in the case WROTNOWSKI V. BYSIEWICZ, CONNECTICUT SECRETARY OF STATE, which is coming directly from a Connecticut Supreme Court order of Chief Justic Chase Rogers.

Mr. Wrotnowski was informed by Danny Bickell that Mr. Bickell denied Cort’s motion based on Rule 23.3, the same grounds Mr. Bickell had illegally improperly relied on to obstruct Donofrio v. Wells, the same case which is now going before the entire Supreme Court for Conference of Dec. 5th and to which Donofrio has pointed out Mr. Bickell was guilty of attemping to overturn Justice Powell’s holding in McCarthy v. Briscoe 429 U.S. 1317 n.1 (1976) and Justice O’Conner in Western Airlines, Inc. v. Teamsters, 480 U.S. 1301 (1987).”

“Donofrio (me) believes Mr. Wrotnowski’s case is at least as strong as his own, if not stronger. And Donofrio warned Wrotnowski that Bickell was going to try the same tactic again.”

“Courageously, Mr. Wrotnowski refused to back down and eventually Bickell said he would, reluctantly, docket the case.”

December 2, 2008

Leo Donofrio

“Cort Wrotnowski, (SCOTUS Docket No. 08A469), a day after facing the shock of his life when told by a SCOTUS clerk that his renewed application to Justice Scalia would be held back for 7 days due to anthrax screening, hand delivered 10 copies of his renewed application to the Security booth at SCOTUS this morning at 10:30 AM.  Cort was told by the Clerk’s office that the papers would “probably” be in the Clerk’s office by 2:00 PM.   Cort’s application, according to Supreme Court Rule 22.1, should be “transmitted promptly” to the Honorable Associate Justice Antonin Scalia.  Keep your eyes on that Docket to see if they will follow the Rules of Court.

James Schneller Petition, Pennsylvania Supreme Court, Writ of mandamus, Injunction, Pennsylvania Secretary of the Commonwealth, Demand proof from Senator Barack Obama, Natural born citizen, US Constitution, Prevent certification of the vote, Electors meeting, December 9, 2008

I received the following comment on this blog from James Schneller:

“Submitted on 2008/12/08 at 11:45pm
I’ve filed a petition for review No, 199 MM 2008, to the Pennsylvania Supreme Court, seeking a writ of mandamus and an immediate injunction ordering the Pennsylvania Secretary of the Commonwealth to demand proof from Senator Barack Obama of his sworn statement, filed with his application for placement on the ballot, that he is qualified as a natural born citizen under the United States Constitution.

The petition seeks urgent attention to the requested injunction and additionally requests an injunction preventing the certification of the vote and of the Pennsylvania electors ballot, by the Secretary, including any certification to Pennsylvania’s Governor, and postponing of the scheduled meeting of the electors, which by law usually occurs on the third Monday of December.

I seek in the request for injunction, a submitting of proof of birthplace and of any additional elements required to be a natural born citizen, by Senator Obama, prior to the certification of the electors’ vote by the State to the Governor, and prior to certification that would then occur to the Joint Session of Congress, which would convene for the purpose of formalizing the electoral vote in early January.

If the candidate has not shown his eligibility under the Constitution, the electors should not have their votes certified, their votes should not be tallied in the traditional meeting before the Governor, nor should the certified ballots be lodged with the President of the Senate, nor the joint session of Congress early in January.

It is astounding that no official has demanded proof of this gentleman’s eligibility under what is a most simple and basic requirement for the Presidency. A bare statement by the Hawaii Health Director that they have a valid birth certificate is completely insufficient, and the fact that Senator Obama apparently has placed a doctored “certificate of live birth” on the internet, and may have falsely sworn in his candidate affidavits in thirty or more states, should put every American on notice that the Presidency may be being sought invalidly.

Under my request, the Secretary of the Commonwealth should be ordered to quickly demand proof. If Mr. Obama’s birth certificate is as he says, he has 20 days to produce it, and the Pennsylvania officials will still have 10 days to transmit the ballot to Washington.”

Christopher Strunk lawsuit, US Supreme Court, Writ of Mandamus, NY Electoral College, Restrain, Associate Justice Ginsburg, DC District Court, State Constitutional issues, SCOTUS Rule 22, December 4, 2008

Christopher Strunk, on December 4, 2008, placed his NY lawsuit before the US Supreme Court. Strunk’s Writ of Mandamus attempts to restrain the NY Electoral College from voting on December 15, 2008.

“Christopher Strunk, being pro se in two cases (one in DC District Court and another appealing to the Supreme Court), served the Supreme Court with an application for Writ of Mandamus to Associate Justice Ginsburg yesterday and served the DC District Court with a Writ as well.

The following is an excerpt from an email I received along with associated PDF documents.

I am currently tracking eligibility lawsuits via my Current Lawsuit Listing page.
State Justice ruled on the State Consitutional issues today in the Article 78; however, left the Federal dual office holder issue unreasolved and will be part of my appeal in 2nd Circuit in 08-cv-4289.
 
Yesterday I took a bus to DC and filed the SCOTUS Applcation under Rule 22 for a Writ of Mandamus to restrain the NY Electoral Collgee and for relief in the matter of 2nd circuit review of my substantive due process request for a three judge panel instead of signle political science oriented Judge (Katzmann).
 
In addition I went into DCDC to find out if they have moved mu complaint there which although they have had it since 112608, but done nothing- I served them with a copy of the DC Circuit apopllication for a writ of mandamus kicking the DCDC ass on the poor person matter.
 
Anyway they work is in the hopper and the SCOTUS matter as per the letters of transmittal below at least Justice Thomas should have something from New York for the Conference tomorrow for the other aopplications from NJ, CT and suppose PA and CA.”

Read more here:

http://www.therightsideoflife.com/?p=1588

I would like to thank The Right Side Of Life website for the heads up on this filing.