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Posted on 01/03/2012 10:17:53 AM PST by Elderberry
ORDER ON MOTION TO DISMISS
On December 15, 2011, Defendant, President Barack Obama, moved for dismissal of Plaintiffs' challenge to his qualifications for office. The Court has jurisdiction to hear this contested case pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
For the reasons indicated below, Defendant's Motion to Dismiss is DENIED. 1
I. Discussion 1. The Georgia Election Code (the "Code") mandates that "[e]very 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." O.C.G.A. § 21-2-5(a).
2. Both the Secretary of State and the electors of Georgia are granted the authority under the Code to challenge the qualifications of a candidate. The challenge procedures are defined in Code Section 21-2-5(b), which authorizes any elector who is eligible to vote for a candidate to challenge the qualifications of the candidate by filing a written complaint with the Secretary of State within two weeks after the deadline for qualifying. O.C.G.A. § 21-2-5(b).
3. The Georgia law governing presidential preference primaries mandates that "[o]n a date set by the Secretary of State . . . 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." O.C.G.A. § 21- 2-193. On October 6, 2011, Secretary Kemp issued a notice to the chairman of each political
1 Because Defendant's Motion to Dismiss is denied, in the interest of efficiency, the Court finds it unnecessary to wait for the Plaintiffs' responses before denying the motion.
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party to notify them that the deadline for submitting the list of candidate names for the 2012 presidential preference primary was November 15, 2011. On November 1, 2011, the Executive Committee of the Democratic Party submitted President Barack Obama's name as the sole candidate for the Democratic Party. To be timely, complaints challenging a presidential candidate's qualifications in the presidential preference primary had to be filed no later than November 29, 2011. Plaintiffs, as electors eligible to vote for Defendant, timely filed challenges with the Secretary of State before the deadline of November 29, 2011.
4. In the instant motion, Defendant contends that Georgia law does not give Plaintiffs authority to challenge a political party's nominee for president in a presidential preference primary because Code Section 21-2-5 does not apply to the presidential preference primary.
5. Statutory provisions must be read as they are written, and this Court finds that the cases cited by Defendant are not controlling. When the Court construes a constitutional or statutory provision, the "first step . . . is to examine the plain statutory language." Morrison v. Claborn, 294 Ga. App. 508, 512 (2008). "Where the language of a statute is plain and unambiguous, judicial construction is not only unnecessary but forbidden. In the absence of words of limitation, words in a statute should be given their ordinary and everyday meaning." Six Flags Over Ga. v. Kull, 276 Ga. 210, 211 (2003) (citations and quotation marks omitted). Because there is no other "natural and reasonable construction" of the statutory language, this Court is "not authorized either to read into or to read out that which would add to or change its meaning." Blum v. Schrader, 281 Ga. 238, 240 (2006) (quotation marks omitted).
6. Code Section 21-2-5(a) states that "every candidate for federal and state office" must meet the qualifications for holding that particular office, and this Court has seen no case law limiting this provision, nor found any language that contains an exception for the office of president or stating that the provision does not apply to the presidential preference primary.
O.C.G.A. 21-2-5(a) (emphasis added). Although the word "candidate" is not explicitly defined in the Code, Section 21-2-193 states that the political party for the presidential preference Page 3 of 4
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." O.C.G.A. 21-2-193 (emphasis added). Accordingly, this Court finds that Defendant is a candidate for federal office.
7. Code Sections 21-2-190 to 21-2-200 set out the procedures of the presidential preference primary and also provide no exception to the Section 21-2-5 qualification requirement. This Court finds no basis under Georgia law why the qualification requirements in Section 21-2-5 would not apply to a candidate for the office of the president in the presidential preference primary.
8. Accordingly, this Court finds that Defendant is a candidate for federal office who has been certified by the state executive committee of a political party, and therefore must, under Code Section 21-2-5, meet the constitutional and statutory qualifications for holding the office being sought.
II. Decision Based on the foregoing, the motion to dismiss is DENIED.
SO ORDERED, this the 3 rd day of January, 2012.
MICHAEL M. MALIHI, Judge
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I hate to point this out, but the Hawaiian Documents are IRRELEVANT. But I will say this about it, Obama HAS Hawaiian documents. He didn’t get them on accident, and he has had them all his life. How they were originally generated is a curiosity, NOT an issue. I have Hawaiian documents, and they are all over the internet. They are ALSO consistantly the same, whereas Obama’s seem to vary, but be that as it may, he has something from the state.
It is still irrelevant.
No matter WHERE Obama was born, he was born BRITISH, and by SCOTUS definition in 1875 in Minor v Happersett, Obama is NOT a Natural Born Citizen. born to two parents who were American Citizens. because of his dual birth status, Obama never was, never could have been. a Natural Born Citizen. From the instant of conception, Obama could not have been anything other than an ordinary citizen - Of America and a subject of Great Britain.
Where he was born in irrelevant. Hawaii, Georgia, Kansas, Washington St., nowhere in any state does it matter. his father was British. That’s IT.
Obama has been hiding all that by distracting a gullible and bought press with the Certificate of Live Birth and his birth records, because THEY DO NOT MATTER AT ALL. So he waves ‘em in your face to KEEP you distracted. The REAL issue is Minor v Happersett!!!!
The man is an usurper and should be in CHAINS in a federal penitentiary, and his hag of a wife under arrest for misappropriating public funds, and for conspiracy because the *itch is in on the fix and has been since the beginning.
But then I am one of those crazy right wingers who think that the punishment should fit the crime. I believe that should include permanent and everlasting humiliation on Obama and his ENTIRE family and all his extended supporters. If that means arresting half the democrat party and a bunch of obliging GOP’ers including the McCain campaign which had the same problem for the same reasons, SO BE IT. That works for me. They DESERVE it for what they have done.
I’m so tired that I could cry me a river. I’m afraid to believe.
You may be right that they’re trying to get the originals to keep them from Sheriff Joe.
I want to believe this denial of the motion to dismiss is a good sign, but I’m afraid to believe. So much corruption. All around. Can we believe this judge is doing the right thing?
Pray. It’s all I can think to do at this point.
This jusge has more cojones than the “Marine”(???) judge Carter vs. Orly has!!!
http://www.wnd.com/2012/01/court-obama-must-be-constitutionally-eligible/
It won’t be the first time. Justice Gray - the SCOTUS justice who wrote the opinion in Wong Kim Ark, was appointed by Chester Arthur. I believe that Gray wrote as he did to protect his own appointment, because if Arthur was unconstitutional, SO WAS GRAY.
This perfectly describes Sotomayor and Kagan.
Thank the Georgia legislature for having the good sense to pass the law that makes this judges order possible. Too many states rely on the Party to vet the candidate.
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Say, Mom, what's that all about?
True praying freepers remember this judge in your prayers. She needs divine protection, may The LORD give it to her in Jesus Holy Name.
The whole issue of citizenship in our Republic is up for grabs. By law, a child born here of two aliens, legal or otherwise CANNOT be a citizen. If and when the parents are naturalized, so is the child. The granting of citizenship to the whelps of illegal aliens, or visitors here on a birth tour is an abomination.
Time to get this squared away. Unlike Natural Born Citizens, Obama had a choice of UK, Kenyan, Indonesian, or American citizenship. We just got lucky that this most unaturally born individual chose us, I guess.
One of the possibilities on how he got the 999 social security numbers. How he got back from Indonesia?
I hear you. I have stated many places that I will NEVER vote for Jindall or Rubio for POTUS or VEEP regardless of what year it is, or on which ticket. If either one ends up on the ticket this year, I WILL NOT VOTE FOR THAT TICKET. I will either go third party or write in. I will NOT vote for an unconstitutional candidate, and neither Rubio nor Jindall is a Natural Born Citizen - they are not constitutionally qualified to hold the office.
For all those who do not recognize it, Minor v. Happersett has NEVER been overturned. just like Roe v Wade, it is STILL the law. Obama should be in prison. Rubio and Jindall cannot run for POTUS.
999-99-xxxx SS numbers are actually ‘invalid’ SS numbers.
So where are they used?
By colleges.
What do colleges use them for?
Answer:
For FOREIGN NATIONALS to fill in when a form requires a social security number - that they do not have since....they are FOREIGN NATIONALS.
Examples:
http://www.tc.columbia.edu/i/a/document/13494_TESOLWorkshop4.pdf
“(If you are an international applicant, please enter 999-99-9999.)”
http://www.continuetolearn.uiowa.edu/lakesidelab/registration-form.html
“(If you are an international student and do not have a valid US SSN, please enter 999-99-9999)”
http://www.ehow.com/facts_5824814_gets-999-social-security-numbers_.html
“Some universities have assigned nine-digit “temporary” Social Security numbers to post-graduate foreign nationals beginning with 999. The temporary number is designed to be replaced once the graduate student has received a valid SSN.”
http://math.mst.edu/graduatedegreeprograms/index.html
“International students should enter 999-99-9999 for SSN.”
“For international students enter all nines: 999-99-9999”
http://www.shu.edu/applying/graduate/upload/Graduate-Assistantship-Handbook-Revised-2009-04.pdf
“7. International Students. International students who have 999 identification numbers
in Seton Hall’s student system cannot be paid until they obtain a Social Security Card. Information on how to obtain a Social Security Card is available from Office of International Programs, Fahy Hall, Room 128.”
Why would Obama use a 999-99-xxxx and have multiple of them? Especially when he was at Oxy and known as Barry?
Why would he need a Connecticut based number later? Because he considered himself a foreign national while in California.
Remember the internet rumor that Obama was on a scholarship reserved only for foreign students?
Debunked, right? No source for such a rumor, right? And Obama was never known as Barry in college, right?
Well....
LA Times - at least they leak out the truth sometimes:
http://articles.latimes.com/2007/jan/29/local/me-oxy29
“But the Illinois Democrat began his undergraduate education at Occidental, and the 1,825-student liberal arts college in the Eagle Rock neighborhood of Los Angeles isn’t shy about claiming him as an alumnus for his two years there (1979-81) on full scholarship.”
“...ON FULL SCHOLARSHIP.”
“A woman who knew Obama at Occidental but did not want to be identified said she remains surprised that “Barry” might run for president.”
“...BARRY...”
Keep me posted!
BTW has anyone noticed the latest BO pictures on Drudge? Yesterday there was a picture of his hand signing some document, and that ring on his finger looked awfully loose, in severe need of resizing.
Today’s picture up on Drudge showed a BO desperately in need of some Miss Clairol or something. Someone on another thread pointed out how he “goes gray” every now and then to add “gravitas” and will on occasion even use darker makeup as well as hair dye.
Anyone else notice this?
Elderberry, you make mighty fine wine!
Judge Michael M. Malihi showed such courage, that he should be at the top of the short list for the next replacement to the next retiring member of our NINE SUPREMES.
"YEAH, YOU! the big guy! What's the matter, you don't like loud little girls?!"
"Ya know, a freeper named Sven something says you got your SS# thru Catholic Charities in CT because you were a ward of the gov't returned to the USA from Indonesia."
"I'm gonna tell KB to find his threads".
great info - keep me on your pings!
Know them well. They are the people who thought it would be a great idea to dump a 100,000 or so Somali Border Bandits in Maine.
They are refugees. Refugees from any attempt to enforce law and order upon their activities in the fields of camel and goat rustling, female mutilation, polygamy, and jihadist activity. A perfect burden for the 2d poorest state in the union's welfare departments.
Though it's certainly true that something is very much amiss, that's clearly long been the case. It is apparently Fuddy's attorney's representation (See reply #64), that Fuddy will not comply with e GA-generated subpoena.
That HIDOH would disrespect a GA subpoena indeed suggests the integrity of HIDOH if not the integrity of the entire HI judicial system is compromised.
I suspect elements of both are compromised and that's the horserace we'll see played out. Corruption or the rule of law? What rules the day in the U. S. of A?
When I look at the nearly a half billion going to Planned Parenthood, around the Hyde Amendment, billions to BHO's friends and contributors in all manner of green-energy companies, etc., I think I know how US taxpayer money in the hands of the corrupt will speak.
HF
They will be given an opportunity to explain why they can't produce the materials subpoenaed. (should be interesting)
Just covered on FOX news. Bret Baier show. Last thing he said was “some people don’t the BO is a Natural Born Citizen....Someone should enlighten him.
Pass the word.
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