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.
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????
Unfortunately for our Republic, Obama has no honor.
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?
These Obama cases are lame cases filed by people who don't know election law. After the election there is still time to determine whether Obama is a legal candidate after Tuesday. Keep in mind that the real election takes place not on Tuesday, but in December when the Electoral College casts the real votes.
I know how to file an election case so it doesn't get thrown out for technical reasons. Keep in mind that every sane judge (that means most of them) would want to make a case like this go away without having to decide it. However, there are ways to push a judge's nose to the grindstone.
Congressman Billybob
Latest article, "Brides from a War Long Ago"
The Declaration, the Constitution, parts of the Federalist, and America's Owner's Manual, here.
Unbelievable! McCain has to bump it up a notch and go after the Marxist. It's obvious that the courts are not worried if Obama is a naturalized citizen.
At this point, it looks as if the MSM is the only entity that can smoke out a BC.
And good luck with that one.
I guess someone in the House of Representatives could request the info since they may have to decide the issue in the case of an electoral tie.
This was sent to Rep Judy Biggert (R-IL-13) today:
Dear Rep Biggert:
There has been a troubling lawsuit, now dismissed, in Pennsylvania that attempted to clarify the citizenship and eligibility for the Democrat candidate who is running for President.
The courts have thusfar ruled that the US citizen who brought the case does not "have standing" in the court. The question needs to be asked 'Who has standing to challenge the eligibility of a Presidential candidate?
From what I can tell, the determination of eligibility happens at the Elector College step. In this current campaign, if the Democrat challenger wins, there will be a constitutional crisis the likes we have never seen.
In response to the lawsuit, the DNC was joined. A spokesman from the DNC to the court admitted, on the record, that if the true birth and citizenship information was made public, it would be "embarrassing to the candidate".
Maybe the data is embarrassing, but that should be far secondary to finding out if the candidate is truly eligible to serve.
Please promise that if the Democrat candidate is elected, the eligibility challenge will get a fair hearing at the Electoral College step. I believe Sen. McCain can win, but if the opponent wins, this country is in real trouble of we have a leader who is ineligible.
Many Democrats still hold a grudge saying that President Bush is STILL ineligible based on the 2000 vote. The "native born" issue is far more problematic.
Good luck in the election - you have my support.
Again, please promise to challenge eligibility at the Electoral College step if we get that far.
Best regards,
S..... ++++++++++++++++++++++++++++
This guy could not pass a simple security clearance much less pass a vetting process for the office of President. All of these "dismissed" lawsuits should be used at the Electoral College level (per the Constitution) to prevent him from taking office. Who dares to "speak truth" to this phony power?!?!?!
If a Secretary of State, who has to certify elections, has no legal standing, then who does?
That is B.S.
RCW 29A.20.010
Preservation of declarations of candidacy.
"The secretary of state and each county auditor shall preserve all declarations of candidacy filed in their respective offices for six months. All declarations of candidacy must be open to public inspection."
Sam Reed has an implied duty to insure a candidate is qualified under the U.S. Constitution if it is questioned. Failure to do so is a violation of his oath of office to uphold and defend the U.S. Constitution and a violation of:
"RCW 9A.80.010 - Official misconduct (1) A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege:
b) He intentionally refrains from performing a duty imposed upon him by law.
(2) Official misconduct is a gross misdemeanor."
This statute also references:
RCW 42.20.100 - Failure of duty by public officer a misdemeanor.
"Whenever any duty is enjoined by law upon any public officer or other person holding any public trust or employment, their willful neglect to perform such duty, except where otherwise specially provided for, shall be a misdemeanor."
These duties include implied duties.
If Obama has falsely certified that he is eligible, he has violated:
RCW 9A.72.030 - Perjury in the second degree.
"(1) A person is guilty of perjury in the second degree if, in an examination under oath under the terms of a contract of insurance, or with intent to mislead a public servant in the performance of his or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath required or authorized by law.
(2) Perjury in the second degree is a class C felony."
In the state of Washington, a public official - especially an elected executive officer - has the inherent power to take whatever action necessary to properly carry out his duties, and that can easily include requiring a candidate to prove his eligibility.
Then there is the general principle that the courts have the inherent power to formulate a resolution when no specific procedure exists. The only reason one does not exist in this case is because no other person running for President has ever had their eligibility questioned.
RCW 29A.20.021 - Qualifications for filing, appearance on ballot.
"(1) A person filing a declaration of candidacy for an office shall, at the time of filing, be a registered voter and possess the qualifications specified by law for persons who may be elected to the office.
(4) The requirements of voter registration and residence within the geographic area of a district do not apply to candidates for congressional office. Qualifications for the United States congress are specified in the United States Constitution."
It is reasonable that if qualifications to appear as a Congressional candidate are specified ion the U.S. Constitution, then the same criteria must apply to Presidential Candidates and it is therefore the responsibility of the WA SoS to require Obama to prove he is qualified when questioned.
If Obama filed a false statement, he is guilty of a violation of:
RCW 43.07.210 - Filing false statements — Penalty.
"Any person who files a false statement, which he or she knows to be false, in the articles of incorporation or in any other materials required to be filed with the secretary of state shall be guilty of a gross misdemeanor punishable under chapter 9A.20 RCW."
All one needs to do is file a criminal complaint with the WA AG, the Thurston County Sheriff and Thurston County Prosecutor; with a copy to the governor. They would all have a statutory duty to investigate, which would mean they would be required to demand Obama furnish proof of his eligibility.
This is not that complicated.
This person should file an immediate petition for a writ of mandamus with the WA SC to force Sam Reed to require Obama to prove he is qualified to be a candidate for president. While the WA SC is totally corrupt, there are likely exactly five justices who would vote to grant the petition. See RAP 16.2
If I still lived in WA, I'd do it myself.
A person could also seek post election relief as well.
ping
Thanks Brown Deer.
Ping.
Check out #24 and #72, also.
And now for something completely different....
Earlier there was a thread naming the various state election officials. I emailed the Election Commission Commissioner in the Tennessee office of the Secretary of State.
I received a reply from the Elections Commissioner attorney , a Ms Harr, saying that the candidate Barack Obama had been certified by the Democratic Party, and that a copy was available by fax.
I then provided a fax number and thanked her for helping to put this matter to bed.
Meanwhile, several other East Tennessee Freepers asked the same question and received the same answer.
Having not received the much anticipated fax, I called her and got her voice mail and asked her to please fax as per he email.
It is now 6 hours later and still no fax
I then sent a not requesting a
Another lie by the MSM to cover up for their Messiah!
What was posted on his campaign web site was an alleged "Certification of Live Birth," which is not the same as a birth certificate. That "Certification of Live Birth" had so many irregularities that it is widely believed to be a forgery. Furthermore, the DOB on the phony COLB was Aug. 4, 1961, not Aug. 6.
Memo to the MSM hack who wrote the posted story: If Obama was born in Hawaii as you imply, why hasn't he produced a bona fide Hawaii Birth Certificate "to quell rumors"?