I don’t think that any section REQUIRES that action. The three members of the board voted unanimously that they had enough information to act and then to adjourn.
Here’s one audience member’s account of the proceeding. While I can’t confirm its accuracy, it does lay out a logical flow of events from an eyewitness perspective.
“I called the SoS office early to confirm date and location; the gentleman gave me that info and then started to lecture (“the meeting is open to the public, but we are not anticipating that the public will be able to speak …”). I reassured him that I knew how to behave, but it sounded like they were anticipating trouble.
The venue was the same as Thursday. At 9:30, a handful of protesters were outside Memorial Hall; three had signs (“Occupy the Hood”, “Happy Birthday Occupy,” “Kris and Jee, stop the ‘ish’ stop hating”) and the remainder were mostly wearing Obama/Biden tees or hats. The setup in the auditorium was pretty much the same except no witness table at all. At 9:45 there were only a couple of cameramen talking about how few people and press had arrived, plus maybe two others already in their seats, but others started trickling in, and there were eventually 35-40 in the audience. Some I recognized as staffers, some reporters, some in Obama/Biden garb; there were none who appeared to be Taitz supporters, and Montgomery was NOT there.
Taitz entered at 9:56 and went straight to the front to introduce herself. John Campbell of the Atty Gen’l’s office asked her if she was admitted in Kansas; she said something about trying to get herself in, and she would be a witness [sorry, I didn’t catch everything here]. Campbell said, “No, no, no, there are rules.” They briefly discussed, and she went over to introduce herself to Kobach before taking a seat front and center.
Kobach called meeting to order at 9:59, introducing Mark Dugan as stand-in for the Lt Governor and Campbell as stand-in for the Atty Genl. He briefly recounted Thursday’s meeting and what the motion there had been. After that meeting, staff contacted Hawai’i, Arizona, and the federal court in Mississippi as requested, and all three responded.
Dugan then moved that the responsive documents be admitted into evidence, the objection was overruled, and the meeting adjourned. Kobach seemed taken aback, and wanted to read something into record first. Brief discussion of whether they needed separate motions for each point. Taitz requested to speak. She was ignored, and Kobach read from paragraph 3 of Hawai’i’s response: the information on the COLB posted at whitehouse.gov matched the records on file in Honolulu. Taitz requested to speak. She was ignored, and Kobach recounted that Montgomery had notified their office at 1:02 pm Friday that he was withdrawing his objection effective immediately. Therefore, at this point the board was without jurisdiction. Dugan asked if they needed to formally accept his withdrawal; Kobach said no, they’d never done that before. Taitz requested to speak. She was allowed, but just as she started Dugan interrupted to ask if this was in order, and Campbell called point of order. Kobach did allow her to speak: this was matter of national security, forged documents, she’d submitted additional evidence already, Montgomery had withdrawn under duress so that made it invalid. Kobach said the board had no authority to allow others to continue a withdrawn objection. There were multiple rounds of the two of them talking over top of each other: Taitz said the board had 10 days to consider qualifications, Obama using stolen SSN, Connecticut, forged selective service. Kobach repeated the board didn’t have jurisdiction, there were 3 days, not ten, and those days were up on 9/11. If Orly had wanted to, she could have filed her own objection, even as out-of-state resident, but she didn’t do so. She demanded he read the statute 25-208; a staffer eventually read it, noting that Obama’s filing was not a petition or declaration, and this wasn’t a state office, so the statute didn’t apply. Kobach repeated she could have filed, and if she had the board would have listened, but she didn’t. Her objection was not timely now. Taitz repeated about withdrawal under duress; Kobach said nobody had provided the board evidence of duress; Taitz was free to pursue this in court. The board had been very gracious in allowing her to speak, but they had no jurisdiction and no statutory authority to accept a new objection. On 2nd by Campbell, the motion to enter the Hawai’ian documents and adjourn the meeting carried, and it was over at 10:10.”
Here is the transcript.
SoS Kobach didn’t buy the two citizen parent theory. SoS Kobach told Montgomery that he had misread the Minor decision and that there are only two types of citizens born and naturalized (no 14th amendment citizen). Kobach is a Constitutional Law Professor and an expert in immigration law (he drafted both the Arizona and Alabama immigration laws). He wanted to contact Hawaii to get Kansas their very own verification. Which he did get.
IMO, Montgomery bailed because he knew he was going to lose and he didn’t want an adverse ruling on the record. Especially from someone with Kris Kobach’s credentials.
... Kobach recounted that Montgomery had notified their office at 1:02 pm Friday that he was withdrawing his objection effective immediately. Therefore, at this point the board was without jurisdiction.