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Malihi overruled by Georgia Secretary of State [extrapolation from 2000 press release]
Georgia Secretary of State ^ | 02-06-2012 | edge919

Posted on 02/05/2012 11:36:44 PM PST by edge919

I just discovered this news release and hadn't seen it reported elsewhere. Our honorable Judge Malihi evidently has a tradition of being overruled by the Secretary of State. Could history repeat itself ... or maybe like the Obots have claimed, this judge is incompetent???

June 7, 2000: Georgia Secretary of State Cathy Cox today ruled that House District 29 candidate Randy Sauder will remain on the ballot as a Democratic candidate in the 2000 General Primary and General Elections. In an order signed today Ms. Cox ruled against a challenge to Rep. Sauder’s candidacy brought by petitioner Marston H. Tuck.

Secretary of State Cox rejected state administrative law judge (ALJ) Michael Malihi’s initial decision in the Sauder matter, which procedurally serves as a recommendation to Secretary Cox, the state’s chief elections official. Ms. Cox found flawed the ALJ’s interpretation of Georgia election law governing the qualification process for candidates, and endorsed the opinion and guidance of Georgia Attorney General Thurbert Baker.

She gives several points of law as to why she rejected the ALJ's decision. This one really stood out:

"First, accepting the view of the ALJ would mean that a candidate can determine his or her own qualifications ... "

Is this not deja vu all over again??


TOPICS:
KEYWORDS: birthcertificate; certifigate; naturalborncitizen; statesos
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To: ~Vor~

The source is a press release from the Georgia Sec. of State (and its title doesn’t relate well to the point the OP is trying to make)...

“Secretary Cox Rules to Keep Randy Sauder on Ballot in State House District 29 Race”

Since most articles posted on the “Latest Articles” page are current, the moderator may wish to add “(in 2000)” to the title the OP made up, as a clarification.


21 posted on 02/06/2012 4:08:14 AM PST by deks ("...the battle of our time is the battle of liberty against the overreach of the federal government")
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To: null and void
"This refers to prior cases, NOT the current Obama case."

Yep...I read the article not just the title.

22 posted on 02/06/2012 4:39:18 AM PST by ~Vor~ (Freeper since 10/98)
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To: ~Vor~

The note was for the ping list, didn’t want them to pop the champagne corks just yet.


23 posted on 02/06/2012 4:43:21 AM PST by null and void (Day 1113 of America's ObamaVacation from reality [Heroes aren't made, Frank, they're cornered...])
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To: Pontiac

Perhaps after he is beaten in a landslide in November the truth will come out.

I have no doubt that Romany will fold half way through the campaign. Just like Dole and McCain. (I hope I am completely wrong.)


24 posted on 02/06/2012 5:09:15 AM PST by chainsaw (Sarah Palin is still my first choice to save the USA. . .)
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To: Pontiac

Perhaps after he is beaten in a landslide in November the truth will come out.

I have no doubt that Romany will fold half way through the campaign. Just like Dole and McCain. (I hope I am completely wrong.)


25 posted on 02/06/2012 5:09:44 AM PST by chainsaw (Sarah Palin is still my first choice to save the USA. . .)
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To: cynwoody; edge919
Agree as well. Different SOS, Cathy Cox.

For the sake of clarity, perhaps the headline should read “...has history of being overruled...”

26 posted on 02/06/2012 5:23:04 AM PST by Protect the Bill of Rights
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To: edge919

Isn’t this SOS (Kemp?) one of Soros’ lefties?


27 posted on 02/06/2012 6:59:02 AM PST by Scanian
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To: null and void
This refers to prior cases, NOT the current Obama case.

It was shared to show that the ALJ's opinion on the current case may not automatically be accepted as binding.

28 posted on 02/06/2012 8:09:05 AM PST by edge919
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To: Scanian

He’s a Republican.


29 posted on 02/06/2012 8:10:42 AM PST by edge919
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To: edge919; philman_36; SvenMagnussen; LucyT
“Ms. Cox found flawed the ALJ’s interpretation of Georgia election law governing the qualification process for candidates, and endorsed the opinion and guidance of Georgia Attorney General Thurbert Baker.”

Very interesting!

This case shows:

1. That Malihi has been the go-to guy in the admin law courts since at least 2000.

2. That the SOS left the finding of fact undisturbed, as would the appeals court, IMO, but the Malihi conclusions of law have been disputed and reversed.

3. The SOS deferred to the recommendation of the GA AG.

This begs the question of what the GA AG has recommended or will recommend regarding Obama. I haven't seen that yet.

30 posted on 02/06/2012 10:08:11 AM PST by Seizethecarp
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To: Pontiac
I wish that the people of this country more knowledgeable of and had more respect for the Constitution but I am afraid that it has been bred out of most of us.
Well isn't it fortunate that there are only a few people who have to make such decisions for the people. Fewer palms to grease that way.

We have no choice but to beat the Kenyan at the ballot box.
There is another choice and it's the one going on right now...keep him off of the ballot in the first place!

31 posted on 02/06/2012 10:29:20 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Seizethecarp
Oy vey!

@Atlanta Forward: Sam Olens, Republican for attorney general
One thing I think is literally the management ability to keep people on the same page, form a consensus and do so in a very efficient manner.

32 posted on 02/06/2012 10:39:20 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Pontiac
@No celebrations quite yet. Just more of the same...continue to distract, continue to try and convince everyone it's pointless and useless to continue 'cause a decision has been rendered.

I guess I'm going to have to add something to that with your comments as the insipration.

No celebrations quite yet. Just more of the same...continue to distract, continue to try and convince everyone it's pointless and useless to continue 'cause a decision has been rendered and we'll just have to beat him at the election instead of stopping him from getting on the ballot in the first place.

33 posted on 02/06/2012 10:49:26 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: edge919

I wonder: if the SOS deos not allow little barry bassturd onto the Georgia ballot despite the ALJ ruling in barry’s fabor, albeit a screwy ruling, would little barry dare appeal that decision since it would mean having to expose his criminality in a real courtroom? Not likely. But then we are giving the current SOS the benefit of a doubt perhaps not deserved, since barry’s henchgoons can reach out and touch even a retired marine judge to make him rule ignorantly.


34 posted on 02/06/2012 10:55:38 AM PST by MHGinTN (Being deceived can be cured.)
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Missed it by that much. (6 seconds) /Maxwell Smart


35 posted on 02/06/2012 10:57:40 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: All
@Using the Delphi Technique to Achieve Consensus
The Delphi Technique and consensus building are both founded in the same principle - the Hegelian dialectic of thesis, antithesis, and synthesis, with synthesis becoming the new thesis.
36 posted on 02/06/2012 11:08:09 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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37 posted on 02/06/2012 11:14:01 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: vanilla swirl; null and void

IMPORTANT LINK - thanks for posting, hope everyone reads this -

http://intangiblesoul.wordpress.com/2012/02/04/who-is-judge-michael-malihi/

Who is Judge Michael #Malihi?

Immediately after hearing that Georgia Judge Michael Malihi ruled against the Plaintiffs in the case regarding Obama’s eligibility to be on the 2012 presidential ballot, and hearing that Malihi was a Muslim Iranian, I decided to find out all I could about him. I set out to find all the details I could...

What I found was precious little...


38 posted on 02/06/2012 1:00:04 PM PST by Fred Nerks (FAIR DINKUM!)
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To: Fred Nerks
It sure is good seeing @something that I originally linked to getting such attention.
39 posted on 02/06/2012 2:04:37 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36

Incredible? Well, not really, ‘they’ must have started scrubbing his background immediately. (If there ever was one!)
And THAT suggests there’s something there we shouldn’t know, correct?


40 posted on 02/06/2012 2:19:09 PM PST by Fred Nerks (FAIR DINKUM!)
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