One of the first articles I read about the birth certificate issue was on American Thinker - it brought up this issue and quoted as evidence hawaiian law - specifically §338-17.8. I found the law online, and here is what it say:
Certificates for children born out of State. (a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child… [L 1982, c 182, §1]
The idea goes that the parents/grandparents lied, the certificate was ammended and/or granted to indicate that he was born in Hawaii.
Another argument I came across is that it is possible to get a hawaiian birth certificate if a foreign born child was adopted through legal means by the parents who reside in hawaiian.
However - both laws weren't in existance when obama was born. The first was adopted in the 1980s. The second in the 1970s.
Neither reflect any light on the issue at all.
The second question - who validates presidential eligibility - I don't have an answer for. I don't know - because like y'all, I have always assumed each secretary of state did. That's a good question - and one of the loopholes that people like Congressman Campbell are trying to sew up.
Thanks Rudman, but.. you're right. Since both laws were enacted later, they don't mean anything.
I have read, in several places... that in 1961 (2 years after becoming a state)... in Hawaii, it was common for people in various islands to get a COLB in Hawaii. If so....then it was possible to get a COLB, without having been actually born on state territory.
If this is true... then, the COLB is, indeed, NOT PROOF. It's evidence, but... not conclusive. Supposedly, a long form birth certificate would contain the actual birth location... Which, I think... is why we should all have a right to see it.... to KNOW that our President in qualified to hold the office.
I think I can answer #2... and, the answer is: No one. It's strictly the candidate's word... and, a required signature from the Party chair.