Tuesday, November 29, 2011


Another Challenge Filed Against Obama Being Placed on Georgia Primary Ballot

Sent: Monday, November 28, 2011 11:59 PM
Subject: Formal Complaint

Dear Mr. Kemp,

As the Secretary of State for the Great State of Georgia in accordance with the Constitution of the State of Georgia; you had to qualify for the position you now hold. For the record I will respectfully remind you it can be found in the State Constitution:

Article V, Section III, Paragraph II
Qualifications. (a) No person shall be eligible to the office of the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor unless such person shall have been a citizen of the United States for ten years and a legal resident of the state for four years immediately preceding election or appointment and shall have attained the age of 25 years by the date of assuming office.

And just as you had to qualify for office before you could be elected, so too does the President of the United States. The qualifications for the Office of the President of the United States are in Article II of the U.S. Constitution:

Article II, Section I, Clause V
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

As the Chief Elections Official for the State of Georgia it is your responsibility to
Supervise the elections process and guarantee the sanctity of the ballot.

In order to assure that you comply with this responsibility, the Georgia State Constitution stipulates that you had to take an oath to faithfully discharge your duties.

And might I also respectfully remind you that the United States Constitution, which is the law of the land; affirms that you are bound by that oath to support the U.S. Constitution:

U.S. Const. Article 6 Clause 3
Clause 3: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.


Nowhere in the Constitution does it grant you the discretion to pick and choose which parts to uphold and which parts to ignore.

I would like to refer to a statement by The Honorable Sean Jerguson, Georgia Representative Dist. 22:

I think we can all agree that we are a nation of laws, and we are governed by a nation of laws, and those laws are based on a framework and a foundation called the Constitution.”

Mr. Kemp, you are duty bound to guarantee that only a natural born Citizen as enumerated in Article II of the U.S. Constitution be allowed on the ballot in the Presidential election in 2012.

John Jay, our nation’s first Chief Justice in a letter on July 25, 1787 to George Washington; who at the time was presiding over the Constitutional Convention; said:

Permit me to hint whether it would not be wise and seasonable to provide a strong check to the admission of foreigners into the administration of our national government; and to declare expressly that the command in chief of the American army shall not be given to, nor devolve on any but a natural born citizen.”

And The U.S. Supreme Court in 1874 defined “Natural Born Citizen” in Minor v. Happersett as children born of two parents who are United States citizens:

"The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners."

The findings of the Supreme Court in 1874 was unanimous; with no dissention or opposition among the Justices as to the findings, and the definition has not changed.

Barack Hussein Obama II has publicly admitted his father Barack Obama Sr. was a Kenyan native and a British subject whose citizenship status was governed by The British Nationality Act of 1948. Barack Obama Sr. never became a U.S citizen. Therefore, Barack Hussein Obama II is not now and never can be a natural born Citizen of the United States by virtue of his recognized allegiance to a sovereign foreign nation inherited from his father precluding him from eligibility for the Office of the President of the United States. Therefore, according to Article II Section 1 Clause 5 of the United States Constitution as defined in the United States Supreme Court case of Minor v. Happerset 88 U.S. 162 (1874) which set binding precedent, the Office of the President of the United States was usurped by an ineligible candidate.

Therefore I am officially filing a formal complaint as to Barack Hussein Obama’s eligibility and request you remove him from the ballot.

Respectfully,

Kevin R. Powell

Previous challenge: Official Challenge Filed Against Barack Obama Being Placed on the Georgia Primary Ballot - DETAILS HERE

Another Challenge Filed Against Barack Obama Being Placed on the Georgia Primary Ballot

Obama's SSN Fails E-Verify System - 17 Oct 2011 Wash Times National Wkly edition - pg 5

22 comments:

  1. I just talked to a representative of the Georgia secretary of state and also directly with 2 members of their election committee. Told them birther's were threatening to hang the members of the NH committee. They assured me they would be upping their security levels and also that they would be handing down the same decision that NH did.

    Mark my words, you'll be going to JAIL in a HEARTBEAT if you act the same way you did at the NH hearing. They are on to you.

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  2. What a clear laying out of the case against Obama's eligibility based on his lack of natural born citizen status.... This should be sent to every Secretary of State in our Union.

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  3. most definitely. New Hampshire State has some major explaining to do on their latest violation of the Constitution. Georgia,it is your time to uphold our Constitution. Governor Deal,also had a question for aka obama,that was ignored and never answered.Stand up America.

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  4. Hats off to the great state of Georgia! Go get em boys!!

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  5. That is the best challenge letter I have ever read. It is concise and to the point and leaves no "wiggle room."

    The citing of Minor v. Happersett and Obama's British citizenhsip is particularly important.

    I have been working on a draft letter to the Secretary of State of Arizona and have been struggling with what to include and not include. I have started a search to find the oath of office for the Secretary of State.

    This letter has provided me with an excellent template. I hope that I can be forgiven for using some of the ideas presented in this letter.

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  6. let just hope we have one person left in this nation willing to follow the constitution and the laws of this nation. all its going to take is one state to question Obamas qualifications then the domino's will fall. Obama needs to be held to account for his crimes and the rest of the crooks who allowed him to be seated need to follow him to jail. Obama must not be allowed to con his way into a second term. its time to expose all these subversives in this nation and bring them all down. its time Obama was arrested and jailed.

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  7. Could someone please ask Kevin to cite the Georgia statute that authorizes a ballot challenge and puts the onus on the SOS, please?

    We need to review it before Orly goes off half- cocked on a tangent at the hearing.

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  8. Say, y'all know that the statute in Georgia makes the ballot challenger pay the candidate's legal fees if he is unsuccessful in removing the candidate from the ballot.

    So the more of you amateurs who dogpile onto this, the better. If you don't know WTF you are doing from a legal/ procedural standpoint you could end up financing Obama's campaign. Go get 'em Helen Tancy!

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  9. This letter is outstanding, Mr. Powell! I applaud your succinct articulation of this extremely serious constitutional matter and your forthrightness to ensure any Presidential/Vice Presidential nominee, including Obama, who does not meet Article II qualifications must not gain access to voters via state ballots.

    Neither the members of congress nor the two Parties have been bestowed the right to ignore the laws of this land by ignoring and trampling on the the constitution. If these leaders wish to change Article II then they must do what the constitution requires, that is propose an amendment and secure her passage.

    None have done this and instead have elected to "pretend" there is no legal definition or precedent that clearly and succinctly articulates natural born citizen. Instead, they have employed smoke and mirrors and have attempted in vain to muddy the definitive definition by throwing 14th amd language into the mix. Their tactic has failed, miserably I might add.

    Obama just like Rubio just like Jindal just like Schwarzengger and just like countless others can serve as Sen's, Rep's, Governor's, state rep's and judges, but b/c they do not meet the qualifications of natural born they are forbidden, by law, to seek the office of the Presidency.

    If folks don't like this, well then, change the law. Until such time, learn to live within just like the majority of Americans have learned to do.

    btw, this comment was also posted at Pixel Patriot.

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  10. California birther/dualer/doubterNovember 29, 2011 at 11:16 AM

    Mr. Powell's letter is just peachy to behold. I just love this wicked one-two combination that has been rocking the usurper -- one that challenges his citizenship status (natural born or otherwise) and the other his papers (or the lack of it) to back that up.

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  11. {http://www.unionleader.com/​article/20111128/NEWS0605/​711299963/-1/news




    Obama ballot complaint rejected | New Hampshire NEWS0605
    www.unionleader.com
    CONCORD — For a second time this month, the state Ballot Law Commission on Monday rejected a complaint that challenges whether President Obama’s name should appear on the Democratic Party primary ballot.

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  12. @Doublee

    "The citing of Minor v. Happersett and Obama's British citizenhsip is particularly important."

    The problem with his citation of Minor is he cut the paragraph off. Now when the SOS goes to the decision and sees the part about doubts and other authorities, Mr. Powell will look like someone who is hiding the whole story. Never a good idea to look like you are trying to hide something.

    Mr. Powell has essential given Mr. Kemp an out. Better to have quoted the whole passage and let the chips fall where they may.

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  13. Bob Coster, your threats will not stop the truth about Obama.

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  14. "Doublee said...[Reply]

    I have been working on a draft letter to the Secretary of State of Arizona and have been struggling with what to include and not include. I have started a search to find the oath of office for the Secretary of State.

    This letter has provided me with an excellent template. I hope that I can be forgiven for using some of the ideas presented in this letter.
    November 29, 2011 7:51 AM "

    I doubt if he minds at all, but if I may humbly make a suggestion.

    The first thing you should do is look up the statutes and admin rules that govern the SoS' duties and responsibilities as it relates to placing a presidential candidate on the state ballot, then draft your challenge based on those and those alone... not throwing in the kitchen sink of BS that all the others are and that is totally irrelevant to the duties of the SoS in that regard.

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  15. Our Georgia elections codes are contained in Title 21. OCGA 21-2-130 is the "qualifications for candidates generally" where in (4) the SOS defers to the party for providing qualifications. I have submitted an FOIA request for this qualification paper. It does not exist, of course, because the DNC no longer certifies its presidential candidates, but this will be the basis of my complaint. OCGA 21-2-50 (a)(4) calls for the SOS to provide a list of all the candidates who have been certified. I will ask here for PBO to be removed for lack of certification but will show cause why he can't be certified as back up to my request for his removal from the ballot.
    I think the question of the libtard challenge to Minor via A14 should be addressed in order to deflect the SOS from using that as an excuse. I found that in the SCOTUS decision Schneider v. Rusk 377 U. S. 163 (1964)on an A14 issue whereby "only the "natural born" citizen is eligible to be President."
    MY strategy is to verify by FOIA that PBO was
    not certified, show by Minor etc, that he is not certifiable (for being on the ballot) because FactCheck and Fight the Smears verify his reputed father was a Brit/Kenyan.
    Comments, suggestions, direction, appreciated.
    Zeb Blanchard
    Blairsville, GA

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  16. @Anonymous

    Your reading of Schneider v. Rusk is wrong. Read the cases that Justice Douglas references. He wrote Schneider and he also wrote Knauer v. United States. In Knauer, he says that native-born and naturalized are the same except native-born can be President.

    Also read Luria v. United States which says the same thing.

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  17. @Anonymous

    Zeb, sounds like a good plan. How are you going to get around the hearsay problem? Give some thought to that.

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  18. California birther/dualer/doubterNovember 29, 2011 at 4:51 PM

    @ Anon at 2:47 p.m.: Not true. As John Doe Sr. astutely points out in the previous blog posting:

    A person can be native born and not natural born, (anchor baby or Obama if he was born in the U.S.A. with his non-American citizen father), or native born and natural born,(born of citizen parents). A person cannot be naturalized and natural born.

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  19. @California birther/dualer/doubter

    Well, tell that to the Supreme Court obviously their position is that a native born can be President, they make no qualification that only some native borns can be President.

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  20. Here's the excerpt from Schneider that I will be using:
    “We start from the premise that the rights of citizenship of the native born and of the naturalized person are of the same dignity, and are coextensive. The only difference drawn by the Constitution is that only the "natural born" citizen is eligible to be President. Art. II, § 1.
    While the rights of citizenship of the native born derive from § 1 of the Fourteenth Amendment and the rights of the naturalized citizen derive from satisfying, free of fraud, the requirements set by Congress, the latter, apart from the exception noted, "becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the constitution, on the footing of a native. The constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the national Legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual."
    I don't understand about hearsay. Is it about PBO's father? There is no valid BC to positively I.D. his father so I went to FactCheck, an Annenberg outfit that PBO and Ayers ran in Chicago, and then PBO's website for confirmation.
    I am worried about the new report out that continues to defame Minor. Those kind of reports, right or wrong, have whole orders of magnitude more credibility than those coming from pissants. Those kind of things are why we have got to be smash up with our challenges; first to get a shot at being heard and then if we do get an audience to make sure we win.
    Zeb

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  21. Why is the complaint above in the scribd section written in Japanese? Has this site been hacked?

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  22. It is in English on my.

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