Posted on 10/28/2008 12:29:53 PM PDT by SirJohnBarleycorn
SEATTLE — A King County judge said Monday that a lawsuit challenging Sen. Barack Obama's qualifications to be president "may be a positive idea," but threw it out because the law clearly prevents the secretary of state from getting involved.
Washington's Secretary of State Sam Reed does not have the authority to inquire into Obama's birth certificate and determine if it is valid or not, said Superior Court Judge John Erlick. Therefore, Reed is obliged to accept the nomination and keep Obama's name on the state ballot, Erlick said.
Doing any external fact-finding "is not authorized by the state constitution or state law or administrative rule," he said.
Erlick dismissed the lawsuit, noting that plaintiff Steven Marquis failed to name Obama as a party to the lawsuit.
"The 2008 general election is already in progress; ballots have been issued and a substantial number of voters have voted," said the order signed by Erlick.
snip
Erlick asked Marquis just what he wanted the court to do.
"Make a request that the court can actually deal with," he said.
"I would like you, the judge, to direct Sam Reed to develop a process for revealing the credentials for Obama to be a candidate," Marquis responded.
The only opposition in the courtroom came from Deputy Solicitor General Jeffrey T. Even, who represented Reed.
Addressing Marquis' proposal that Reed get involved, Even said, "I'd much rather have Mr. Obama here to say, 'Here's the proof.' Then it could be decided on merit."
(Excerpt) Read more at tri-cityherald.com ...
I find it hard to believe that, if a legitimate question arises as to the qualification of a person who has submitted an official application to the state of Washington to appear on the ballot, that the Secretary of State does not have any authority to require the submission of supplemental materials.
If the Secretary of State decided in its discretion that there was not a serious question raised or not to require supplemental support, that would be one thing.
But to say there is no legal authority to require an applicant to support his qualification to appear on the ballot would mean anyone, no matter how patently unqualified (for example, Arnold Schwarzenegger) could have his name placed on the ballot as a presidential candidate, and the Secretary of State would be legally unable to challenge it.
Does anyone know who, or what government agency, is responsible for making sure that someone running for president is a U.S. citizen and 35 years of age? I find it extremely frustrating that it appears as though the answer is, “no one”! How can that be?
Besides, the Anti-Christ....Ummmm I mean Sen. Obama, would just wave his spindly fingers and make the SOS disappear.
I guess there’s “no controlling legal authority”.
Obama has found a hole and no one has the guts to do anything about it.
Must be above his pay grade.
Now just who the F*** is IN CHARGE OF VERIFICATION. Apparently the “people” have no standing, according the the philly courts, and now state Sec. Of States - in charge of elections - don’t either?
Doe ANYONE know who IS responsible? Are we to take the word of the parties themselves????
i thought it was “WE THE PEOPLE” who were responsible.
guess this judge doesn’t accept that.
So the US Senate should have the controlling legal authority to demand proof of his qualifications.
Perhaps the valid suit would be one by the US Senate, that challenges him as a US Senator, not a Presidential candidate.
“Obama has found a hole and no one has the guts to do anything about it.”
I wish we could get billboards across this country, and signs in yards, asking Obama, “Barack Obama, why are you refusing to release your birth certificate that would prove that you are eligible to run for the office of President of the United States of America? What are you hiding, and why?”
Unfortunately for our Republic, Obama has no honor.
the judge in the Berg case already ruled that “we the people” have no standing because we cannot prove we would be damaged by the election of this fraud
I guess there’s “no controlling legal authority”.
Obama has found a hole and no one has the guts to do anything about it.
And like I said on an earlier post today - he will acknowledge that after the election then will fully exploit that hole into a double-wide doorway. If elected the USA will cease to exist as we know it.
That's it.
It’s insane! He could not serve in our military without showing proper documentation, and that includes an original copy of his birth certificate! The only reason someone, anyone, would refuse to show their birth certificate is if they don’t have one, or have something to hide.
In Pennsylvania Berg, a voter, lacked standing. In Washington the Secretary of State, who has the duty of regulating elections, does not have standing. Are we to believe that there is no one who can challenge the Constitutional qualifications of a candidate?
I go you one further, you have to show ID just to get a library card.
Excellent, concise post and it was exactly what I was going to say. Ya beat me to it. Keep up the good work.
Surely there is a brilliant attorney out there somewhere who knows exactly how to word the lawsuit in a way that is acceptable to the court. Can they file a class-action lawsuit for “WE THE PEOPLE”?
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