[rolling_stone]

defacto officer does not apply in this case, Obama’s eligibility has been repeatedly challenged since before he took office...

[DiogenesLamp]

defacto officer does not apply in this case, Obama’s eligibility has been repeatedly challenged since before he took office...

I would like to believe you are right, but it is my experience you can't go too far wrong by always assuming that the worst possible outcome is the one which will happen.

[9YearLurker]

Sure looks like it would apply according to the link Ray76 provided:

http://definitions.uslegal.com/d/de-facto-officer/