Posted on 01/12/2010 3:25:13 PM PST by Berlin_Freeper
If Barack Obama wants to run for re-election he would need to produce proof of both his U.S. birth and citizenship to get on the ballot in Arizona, at least under a measure being pushed by a state legislator.
Rep. Judy Burges, R-Skull Valley, is crafting a measure to require anyone running for president or vice president to provide proof to the Arizona Secretary of State's Office that they are legally eligible to seek the office. The U.S. Constitution requires the president - and, by extension, the vice president - to be "a natural born citizen."
(Excerpt) Read more at eastvalleytribune.com ...
“FREE THE LONG FORM!”
I got tired of it after a while, though, and don’t use it anymore... :-)
More to the point, Burges would require the secretary of state to verify, independently, that the information is accurate.
"And if it's not certifiable, then that person's name would not go on the ballot," she said.
Seems simple enough. The candidate provides a copy of his stamped, certified birth certificate to the Secretary of State who then verifies this information with the vital records office of the state that generated the birth certificate. Not quite sure how this will keep Obama off the ballot in 2012.
Has anyone seen the text of the law?
A proper law, if well written, would be neutral and apply to all public offices in the State of Arizona (or any other state).
Ideally, it would require that a candidate submit as part of the normally required paperwork to appear on the ballot one of the following sets of documents:
1. A certified copy of a birth certificate issued by a State, Federal District, Incorporated or Inincorporated Territory, or other entity of the United States showing:
Name at birth
Date of birth
Time of birth
Place of birth
Names of parents
2. A certified copy of a birth certificate issued by a foreign government or entity with the information required in option one, combined with a report of a US citizen born abroad issued by a US Consul and such other documentation issued at the time of birth as provided by the Congress regarding a birth of an American citizen outside the United States.
3. A certified copy of a birth certificate issued by the Territory of American Samoa with the information required in option one, combined with a certificate of naturalization issued as provided by the Congress for a naturalized citizen from American Samoa.
4. A certified copy of a birth certificate issued by a foreign government or entity with the information required in option one, combined with a certificate of naturalization issued as provided by the Congress for a naturalized citizen.
This is the winning approach to the issue. If adopted in even a handful of states, it would effectively force Obama and all other candidates to prove their constitutional eligibility before they get on the ballot. Best of all, the various legal doctrines that have frustrated federal court challenges do not apply in state court.
Cannot make it retroactive. Look at the 2000 election between Bush and Gore when the rats tried to change Florida state election laws after the election to benefit their recounting efforts. The Federal Supreme Court stepped in and overruled the Florida Supreme Court preventing them from making any such changes. So such a change would be very nice, it is impossible. What would be nice if the Federal Supreme Court would simply be interested in upholding the current laws on the U.S. Constitution.
There’s already a law about it. He’ll just ignore this one, too.
The reason why this kind of state law is being proposed (and it should be proposed and passed in several states, hopefully) -- is because people soon found out (if they didn't already know it) -- that there is no legal requirement for a Presidential Candidate to produce his birth certificate, in order to run.
Basically the way they've done it for a long time now (many candidates in the past) is to sign a statement swearing that they are qualified per the Constitution. That's what Obama did, which was just like the other candidates in the past.
So, Obama did not ignore the law to show his birth certificate to someone -- because there is no such law... :-)
“FREE THE LONG FORM!”
Get a state law passed and that will happen... :-)
Is that proof going to require documentary evidence that both parents were American citizens at the time of birth???
Seems simple enough. The candidate provides a copy of his stamped, certified birth certificate to the Secretary of State who then verifies this information with the vital records office of the state that generated the birth certificate. Not quite sure how this will keep Obama off the ballot in 2012.
Well, since the State of Hawaii has officially confirmed that Obama was born in Hawaii, that sort of answers that question (of where he was born) for a lot of people who were questioning and doubting that.
So, for those people, who have already heard the official statement from the State of Hawaii that Obama was born there -- it won't help them. They already know that now.
I guess it will help those who may doubt it and want further "confirmation" from some printed and certified copy from the State of Hawaii to that effect. So, maybe that will satisfy that small segment who are holding out for a certified paper copy of the birth certificate to be delivered to someone to examine and then verify that indeed this is what the State of Hawaii did print and certify.
I just think it's a good idea for all candidates, whether it's Obama or the next candidate to come down the pike.
It sounds like we better get you in touch with those legislators then... :-)
This is the winning approach to the issue. If adopted in even a handful of states, it would effectively force Obama and all other candidates to prove their constitutional eligibility before they get on the ballot. Best of all, the various legal doctrines that have frustrated federal court challenges do not apply in state court.
That's exactly right, it will do the job and do it for anyone, whether it's Obama or the next candidate to come down the pike.
But, don't expect the ones who are of the "Obama Derangement Syndrome" to even support this kind of state law, as what I've heard directly from a few of them -- is that this is a "diversion" from their efforts to force Obama to show his birth certificate and that it's a Democrat trick to get them "off track" of what they are doing.
No..., really..., I've basically had a few tell me that, along with the fact that when I've proposed this very thing, that I was from the DU, sent over here to "sidetrack" those who want to get rid of Obama.
There's a lot of opposition to this kind of thing (i.e., a state law) -- or, at least, there has been in the past. I don't know if many of the Obama Derangement Syndrome people are still opposing it like they were right after the election... when I was proposing it.
Can’t be done... sorry...
Is that proof going to require documentary evidence that both parents were American citizens at the time of birth???
That understanding, that you're presenting here, is disputed among conservatives and others, as to whether that is a requirement. You may think so, but others think not.
As far as I can see, this kind of requirement that is spoken about here on Free Republic with a few Freepers maintaining that this is so -- is only going to be resolved by a Supreme Court decision.
You're not going to find any legislature that will pass that kind of specific requirement into law -- but -- you will find that state legislatures will have a relatively easy time of passing a law that requires a birth certificate to be shown or else the candidate cannot be on the ballot.
Well, the barn door is open and the first horse is long gone. But, this might help in the future.
It’s time to take back the country. Another 49 states doing this same thing would be a great start.
Ok, so what happens if a few states pass a law like this and Obama or whomever is running and don’t comply. Their are no votes allowed for Obama or whomever as they wont be on the ballot?
I wonder about any write in’s? Talk about voter disenfranchisement....sheesh.
And if a candidate wins w/o those states’ votes?
And of course the SCOTUS would need to rule on this ASAP...like well before any primary/general election.
Sure, I think their needs to be a way to check a candidates credentials, but this seems like a difficult way to get there.
Probably not since:
A. Parents' citizenship at time of birth is irrelevant to the eligibility of an American-born candidate and...
B. How would a candidate go about proving the citizenship status of his parents? Would a candidate have to submit his parents' birth certificates as well? His parents' naturalization paperwork? What if the candidates parents are deceased? File a FOIA request with USCIS?
Anyways, it's a moot point. See A. above.
ping
The problem with wishful thinking is the rats use it as law.
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