Update: Attorney Larry Klayman Files Final Opposition To Obama's Motion To Dismiss Florida Election Challenge; Sheriff Joe Arpaio Affidavit Included
Excerpt Via: Voeltz v. Obama - Final Opposition to Defendants Motion to Dismiss - Florida Election Challenge - 12/13/2012
STATEMENT OF FACTS
On or about April 2011, only after years into his presidency, and under media and political pressure, Defendant Obama published on the internet an electronic version of a purported birth certificate alleging his birth in Honolulu, Hawaii on August 4, 1961 to American citizen mother, Stanley Ann Dunham, and Kenyan British subject father, Barack Obama, Sr.
No physical, paper copy of the actual long form birth certificate has been produced in order to definitively establish Defendant Obama's birth within the United States. Instead, there is credible evidence that the "birth certificate" published on the internet was altered or otherwise fraudulent. Exhibit 1.
Even if this birth certificate is authentic, it would only establish that Defendant Obama was born to a U.S. citizen mother, Stanley Ann Dunham, and a father who was a British subject. In fact, Barack Hussein Obama Sr, Defendant Obama's father, was never a citizen of the United States, was only in the United States on a student visa, and was later deported from the United States.
The judiciary has the power to determine eligibility. See State ex rel. Cherry v. Stone, 265 So. 2d 56, 58 (Fla. Dist. Ct. App. 1st Dist. 1972); Shevin v. Stone 279 So. 2d. 17, 22 (1972). The Contest of Election statute specifically created a cause of action to enable Plaintiff, a registered elector and taxpayer, to bring this lawsuit in order for this Court to determine the eligibility of Defendant Obama.
Under Florida Election Code section 102.168(1), "the certification of election or nomination of any person to office... may be contested in the circuit court... by any elector qualified to vote in the election related to such candidacy, or by any taxpayer, respectively." Under Section 97.021(14), Florida Statutes (2011), "Elector" is defined as "synonymous with the word 'voter' or 'qualified elector or voter". Plaintiff is a registered voter in the State of Florida, having met the qualifications of Section 97.041(1)(a), Florida Statutes (2011); a member of the Democratic Party; and a taxpayer. Compl. ¶3. Thus, Plaintiff has standing under Section 102.168(1) to contest the certification of a nomination of a person to office.
Under Section 102.168(3), the Plaintiff "must set forth the grounds" on which the contest challenge is based upon. Section 102.168(3), Florida Statutes (2011). The statute goes on provide the grounds on which a challenge may occur: a) misconduct, fraud, or corruption; b) ineligibility of the successful candidate for the nomination or office in dispute; c) receipt of a number of illegal votes; or d) proof that any elector, official, etc. was given or offered a bribe. Section 102.168(3)(a)-(d), Florida Statutes (2011). Plaintiff's complaint alleged that Defendant Obama is ineligible for the office of the presidency of the United States. Compl. ¶ 27.
Judge Terry Lewis' decision in Voeltz v. Obama, et. al, No. 2012-CA-00467 (June 29, 2012), currently on appeal, was simply that there was no cause of action prior to the 2012 Florida General Election. No other issues were resolved as a result of his decision, and none of the issues to be decided in this case were resolved previously. Judge Lewis even stated in his decision that he was not deciding whether Plaintiff would have a lawsuit after the 2012 Florida General Election.
CONTINUED BELOW OR HERE(w/exhibits): http://www.scribd.com/doc/116782611/Voeltz-v-Obama-Final-Opposition-to-Defendants-Motion-to-Dismiss-Florida-Electoral-Challenge-12-13-2012
Previous reports on the Voeltz v. Obama lawsuit here. Hat tip George Miller @ Obama Ballot Challenge.
Voeltz v. Obama - Final Opposition to Defendants Motion to Dismiss(w/exhibits) - Florida Electoral Challenge - 12/13/20...
WATCH SHERIFF OBAMA INVESTIGATION PRESS CONFERENCE HERE: CLICK HERE.
-ARTICLE II ELIGIBILITY FACTS HERE: http://www.art2superpac.com/issues.html
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