Second Eligibility Related Action Weathers Procedural Roadblocks (Trouble for Obama, the Kenyan?)

After being denied, dismissed and otherwise turned back in the Superior Court of New Jersey, Appellate Division, and the New Jersey Supreme Court, retired lawyer and professional poker player Leo Donofrio is taking the ultimate gamble and bringing his eligibility-related action before the United States Supreme Court. Donofrio, however, alleges that he has already been dealt a poor hand.

In his action filed against New Jersey Secretary of State Nina Mitchell Wells, Donofrio contends that Wells has not fulfilled her duty as Secretary of State to independently verify the constitutional qualifications of the presidential candidates before placing them on the ballot in the Garden State. Specifically, Donofrio notes in the brief accompanying the Application for Emergency Stay filed with the U.S. Supreme Court, Wells was required by N.J.S.A. 19:13-22 to make a statement in which she certifies and signs off on the names of the candidates on the ballots. The statute, in relevant part with emphasis added:

The Secretary of State, not later than eighty-six days before any election whereat any candidates nominated in any direct petition or primary certificate of nomination or State convention certificate filed with him are to be voted for, shall make and certify, under his hand and seal of office, and forward to the clerks of the several counties of the State a statement of all such candidates for whom the voters within such county may be by law entitled to vote at such election.

Judge Souter dismissed Berg's suit solely because he lacked "standing" with respect to the damages that he implied he suffered.

What if all of the FReepers gathered signatures from as many people as possible who are willing to be part of a class-action lawsuit, filed in courts across the nation, claiming that their Civil Rights have been violated, based on the established fact that the US Constitution is a legally-binding contract between the Government of the United States and its Citizens, and that allowing a Constitutionally-ineligible person to serve as President is a Breach said of Contract, that has jeopardized the Constitution itself as the Law of the Land, and of our Civil Rights as guaranteed by Law.

We can show, quite clearly, the damages have already resulted from giving Executive Powers to a person who has no legal right to invoke them, and who has no legal authority to control the Executive Branch of Government; that such a person intends to use these Executive powers to the detriment of the Country, the Constitution, and the People.

It can be proven, in a court of law, that the Citizens of the United States have suffered damages as a direct result of these illegal actions, through the loss of their income, jobs, Happiness, and the Right to speak freely, without fear of retribution, as guaranteed by the First Amendment.

Individually, one person may not have "standing," but collectively, as We the People must have "standing" or the term ceases to have any meaning, if We the People are prevented from demanding that Justice be done in seeking injunctive relief, given that the Law of the Land speaks directly to our collective rights to Petition our Government for redress.

Not sure if this is helpful, but here are NJ statutes.

http://law.onecle.com/new-jersey/19-elections/13-15.html

New Jersey Statutes - Title 19 Elections - 19:13-15 Presidential and vice presidential electors; certificate of nomination, acceptance.

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19:13-15. Presidential and vice presidential electors; certificate of nomination, acceptance.

19:13-15. In presidential years the State committee of a political party shall meet at the call of its chairman, within 1 week following the closing of the party's national convention, for the purpose of nominating candidates for electors of President and Vice-President of the United States and shall certify such nomination in a written or printed or partly written and partly printed certificate of nomination.

The certificate of nomination shall contain the name of each person nominated, his residence and post-office address, the office for which he is named, and shall also contain in not more than 3 words the designation of the party the nominating body represents. The names of the candidates for President and Vice-President for whom such electors are to vote may be included in the certificate. The State committee may also appoint a committee to whom shall be delegated the power to fill vacancies occurring prior to the election of the electors, howsoever caused, and the names and addresses of such committee shall be included in the certificate.

The certificate shall be signed by the State chairman who shall make oath before an officer authorized to administer the same that he is the State chairman of the political party and that the certificate and statements therein contained are true to the best of his knowledge and belief. A certificate that such oath has been taken shall be made and signed by the officer administering the same and indorsed upon or attached to the certificate of nomination. Inclosed upon or attached to the certificate shall be statements in writing that the persons named therein accept such nominations and the oath of allegiance prescribed in section 41:1-1 of the Revised Statutes duly taken and subscribed by each or all of them before an officer or officers authorized to take oaths in this State.

The certificate of nomination and the acceptance thereof shall be filed with the Secretary of State not later than 1 week after the nomination of such electors of President and Vice-President of the United States.

The procedure for all objections to the certificates of nomination, the determination of the validity of such objections, the correction of defective certificates, and the presentation of such certificates and any documents attached thereto, shall be the same as herein provided for direct petitions of nominations.

Amended 1944, c.157; 1949, c.24, ss.3,12; 1968, c.87, s.1; 2007, c.334, s.2.

http://law.justia.com/newjersey/codes/10f1a/10f1c.html

41:1-1. Oath of allegiance; form
Every person who is or shall be required by law to give assurance of fidelity and attachment to the Government of this State shall take the following oath of allegiance:

“I, , do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of New Jersey, and that I will bear true faith and allegiance to the same and to the Governments established in the United States and in this State, under the authority of the people So help me God.”

Amended by L.1949, c. 21, p. 67, s. 1, eff. April 12, 1949; L.1971, c. 217, s. 6.

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