Rather, his case against Obama was premised on the argument that Obama might have been born overseas and that the New Jersey SoS hadn't conducted any independent verification of a Hawaiian birth. Nothing about his father's citizenship being a disqualifying factor in-and-of itself.
While raising it as an ancillary issue, Plaintiff in this case didn't rely upon questioning Obamas birth certificate as the core Constitutional dilemma. Rather, he alleges that even if Obama was born in Hawaii, he was born to a Kenyan national father and is therefore not eligible to be President due to having dual loyalties at birth and split jurisdiction at the time of his birth.
The cause of action first accrued on September 22, 2008, when Secretary Wells certified to county clerks, for ballot preparation, a written "statement", prepared under her seal of office, that was required by statute to contain names of only those candidates who were "by law entitled" to be listed on ballots in New Jersey. The statement is demanded by N.J.S.A. 19:13-22.
Rather, his case against Obama was premised on the argument that Obama might have been born overseas and that the New Jersey SoS hadn't conducted any independent verification of a Hawaiian birth. Nothing about his father's citizenship being a disqualifying factor in-and-of itself.
BS. Donofrio case had everything to do with Obama admitting he had a Kenyan citizenship at birth in October of 2008. His case was solely challenging Obama on his citizenship that he inherited from his Kenyan father.