Replies

As of Obama v. McCain in 2008, both major parties deliberately simultaneously fielded non-NBC candidates for POTUS.
By doing this, both major parties showed without shame that they equally revile the Constitution of the United States.
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New Jersey’s Fall 2008 ballot (which had three, count-’em, three ineligible candidates on it) was challenged in court by a NJ citizen/voter Mr. Donofrio without the insuperable obstacle of a failure to demonstrate initial standing to sue, due to the relatively lenient state-level standing requirements more or less unique to New Jersey. The case was never addressed substantively but at least it wasn’t thrown out based on standing.

The Court noted that the Donofrio pro se petition for an injunction was untimely filed, that Donofrio misinterpreted the cited statute to apply to candidates rather than electors, that both the McCain and Obama campaigns were so dismissive of the Petition that they declined to seek to intervene or appear as amici, that Donofrio failed to demonstrate a likelihood of success on the merits of his claims, including his interpretation of the Secretary's functions; and that similar litigation in the federal courts challenging the respective qualifications for office of McCain and Obama had been uniformly unsuccessful.

Your claim that "both major parties deliberately simultaneously fielded non-NBC candidates for POTUS" is without legal support. In Elliott v. Cruz, the Court stated, "Having extensively reviewed all articles cited in this opinion, as well as many others, this Court holds, consistent with the common law precedent and statutory history, that a 'natural born citizen' includes any person who is a United States citizen from birth."

https://www.scribd.com/fullscreen/22677941?access_key=key-1xz5n7vg96tywp2ukwsc

Donofrio v. Wells, No. AM-0153-08T2 (N.J. Super. Ct. App. Div. Oct. 30, 2008) (denying application for emergent relief challenging eligibility of McCain and Obama), aff’d, No. _____ (N.J. Oct. 31, 2008), application for stay denied, 129 S. Ct. 752 (2008)

ORDER ON EMERGENT APPLICATION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-
MOTION NO. AN-0153-08T2
BEFORE PART: F
JUDGE(S): CARCHMAN; SABATINO
LEO C. DONIFRIO
Plaintiff v. NINA MITCHELL WELLS
Secretary of State of the State of New Jersey
Respondent
EMERGENT APPLICATION
Filed: 10/27/08
By: Leo C. Donifrio, Pro se,
Plaintiff
ANSWER
Filed: 10/29/08
By: Attorney General, for Respondent Secretary of State
ORDER
THIS MATTER HAVING BEEN DULY PRESENTED TO THE COURT, IT IS ON THIS 30TH OF DAY OF OCTOBER, 2008, HEREBY ORDERED AS FOLLOWS:
EMERGENT APPLICATION FOR AN ORDER COMPELLING TJHE SECRETARY OF STATE TO DETERMINE BALLOT ELIGIBILITY OF CANDIDATES PURSUANT TO N.J.S.A. 19:13-22
SUPPLEMENTAL
Appellant, pro se, Leo C. Donofrio, a New Jersey resident, presents as emergent application that, in essence, is an action
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in lieu of prerogative writs against the Secretary of State, Nina Mitchell Wells ("the Secretary") regarding the ballots to be used statewide in the forthcoming General Election to be held next Tuesday, November 4, 2008. Appellant seeks an order compelling the Secretary to fulfill what he contends is her alleged duty under N.J.S.A. 19:13-22 to conduct an independent verification of the qualifications for office of the two major party candidates for President of the United States, John Sidney McCain, III ("McCain") and Barack Hussein Obama ("Obama"), in order for the name of those candidates and their respective slates of electors to appear on the ballot in this State.¹
Specifically, points to the following underscored portion of the statute:
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. This statement, in addition to the names of the candidates for President and Vice-President of the United States, if any such have been included in any such certificates or petition filed with him, shall contain the names and residences, the offices for which they are respectively nominated, and the names of the parties by which or the political appellation under which they are respectively nominated. Candidates nominated directly by petition without distinctive political appellation, shall be certified as independent candidates. Similar statements shall be made, certified and forwarded, when
____________________
¹ Counsel for the McCain and Obama campaigns were notified of the pendency of this emergent application, and were supplied with copies of appellant's papers through the office of the Attorney General. Both campaigns declined to seek to intervene or appear as amici in this matter.
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vacancies are filled subsequently, according to law.
[N.J.S.A. 19:13-22 (emphasis added).]
Appellant contends that the phrase "by law entitled" in N.J.S.A. 19:13-22 refers to the Presidential candidates themselves and not to their electors or voters, and that the statute thereby requires the Secretary to verify the legal qualifications of McCain and Obama to serve as President.
In particular, appellant raises questions about whether under Article II, Section 1 of the United States Constitution, McCain and Obama are each "a natural born Citizen, or a citizen of the United States at the time of the adoption of [the federal] Constitution." Appellant notes that McCain was born, albeit to parents who were both United States citizens, on a federal military base in the Panama Canal Zone in 1936, territory which was not a part of the United States when the Constitution was first adopted. Appellant further notes publicized allegations that Obama, whose father was not an American citizen, was born in Kenya or Indonesia, rather than the State of Hawaii, and that Obama allegedly has not presented his original birth certificate to document his citizenship. Although appellant does not adopt these accusations of disqualification, he contends that they require independent investigation by the Secretary, notwithstanding that McCain and Obama have been nominated at the respective national conventions of both major political parties and are on the general election ballots of the other forty-nine states.
Having reviewed appellant's claim, and the written opposition of the Attorney General, we are satisfied that Appellant has failed to demonstrate a likelihood of success on the merits of his claims, including his interpretation of the Secretary's functions under N.J.S.A. 19:13-22, and thus his request for extraordinary injunctive relief on the eve of a national election must be rejected. Crowe v. DeGioia 90 N.J. 126, 132 (1982). Moreover, appellant has unreasonably delayed in filing the present litigation on October 27, 2008, which arises out of the Secretary's action in certifying electors for McCain and Obama on September 22, 2008. See N.J.S.A. 19:13-10 (requiring objection to the certificates of nomination for Presidential electors to be filed within four days of the filing deadline). See also McKenzie v. Corzine, 396 N.J. Super. 405, 414 (App. Div. 2007). We also note that there is no demonstration of immediate and irreparable harm, inasmuch as any challenge to the election results can await the completion of
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the election, and the election will not convene at the Electoral College until December 15, 2008. See U.S. Const. art. II, § 1; see also 3 U.S.C.A. § 7("The electors of the President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment at such place in each State as the legislature of such State shall direct.").
The public interest in an orderly election and the balance of equities, given the imminence of the election (and the printing of millions of ballots and the submission of numerous absentee ballots already), overwhelmingly weigh against appellant's claims for relief.
Finally, we note in passing that similar litigation in the federal courts challenging the respective qualifications for office of McCain and Obama has been uniformly unsuccessful. See Berg v. Obama, ___ F. Supp. 2d ___, Civil Action No. 08-4083, 2008 WL 4691981 (E.D. Pa. Oct. 24, 2004;) Hollander v. McCain, 566 F. Supp. 2d 63 (D.N.H. 2008)]; See also U.S. S. Res. 511, 110th Congress (as passed by Senate, April 10, 2008; (declaring that McCain is a "natural born Citizen" under Article II, Section 1 of the United States Constitution)(co-sponsored, inter alia, by Senator Obama).
Appellant's motion for leave to appeal the Secretary's alleged inaction is denied and his emergent application is consequently dismissed.
FOR THE COURT,
/s/ ____________________________
JACK M. SABATINO

The New Jersey Supreme Court dismissed a Donofrio appeal with one sentence:

This matter having come before the Court on application for emergent relief pursuant to Rule 2:9-8, and the undersigned having reviewed the movant's papers and the papers filed by the defendant in the Superior Court, Appellant Division, it is hereby Ordered that the application for emergent relief is denied.

Application to the U.S. Supreme Court was denied in a few words.

Dec 8 2008 Application (08A407) denied by the Court.