Sunday, June 17, 2012

Anatomy of a Florida Ballot Challenge

Posted by By at 16 June, at 23 : 46 PM Print
Anatomy of a Florida Ballot Challenge
Anatomy of a Florida Ballot Challenge
By George Miller, Obama State Ballot Challenge
June 16, 2012

The Voeltz v Obama case is finally getting its first day in court Monday, June 18. Like all such cases, it challenges the right of the man who calls himself “Barack Hussein Obama” to be on the state ballot, because he hasn’t established that he is a natural born Citizen. The U.S. Constitution and Florida law require that, although they don’t specify how that is to be verified. To make it even more problematic, natural born Citizen isn’t defined in the constitutional requirement, so it is necessary to delve into statutory and settled law, even into the words of the founders, to do so. I’ll try to summarize the what, who and why of the case.
Voeltz v Obama Goes to Court!
Monday’s event is just to hear a motion for dismissal and debate the nature of the “natural born Citizen” requirement for the Presidency. Win or lose, it will likely be appealed and will drag out much dirty laundry for the public to hear, see and smell. He won’t be able to get elected dogcatcher, when we’re done with him, compliant media notwithstanding.
Watch Florida eligibility hearing live– WND-TV to provide free live-stream from courtroom of Bush v. Gore judge. Judicial Watch Founder Larry Klayman will be representing Mr. Voeltz. World Net Daily TALLAHASSEE, Florida – WND-TV will provide gavel-to-gavel, live video coverage.
Florida is a must-win “swing state” for “Obama.” If he is not on the ballot, he simply cannot win. If he is successfully challenged here, or even nearly-successfully, it will create a host of problems in other states. Win or lose, millions will learn that they have been lied to– by the Democrats, Republicans, media, causing mass revulsion and rejection of Obama and any Democrats foolish enough to be closely identified with him.
In spite of what you might have heard from various sources, “Obama” has not provided a shred of legal proof of eligibility. A forged digital image of a “birth certificate” doesn’t cut it, folks. Nor a forged draft registration and proven use of stolen Social Security numbers. See for yourself: Press Conference.
In addition, he doesn’t meet other legal requirements of “natural born Citizenship” required for the Presidency.
We have looked into this and gotten the advice of REAL experts, not media talking heads and stuffed shirt politicians. This is huge.
Our Tea Party took a poll and overwhelmingly decided that Obama’s eligibility is suspect, or definitely nonexistent and authorized action, including endorsement of Surprise, AZ Tea Party initiative, Maricopa County Sheriff’s “Cold Case Posse” and petitioning officials.
Win or lose, these cases will expose the fraud and also the corruption of officials covering it up– or doing nothing. If nothing else, we will make sure that “Obama” won’t even be able to be elected dogcatcher, when we are finished with him. We would prefer a very long vacation in Gitmo for him.
Political candidates, don’t ask me for a cent, unless you are taking action to fix this. Don’t tell me that there are “more important issues.” This is priority #1 and is contributing to other problems, including breakdown of Constitutional Law.
The Case
Plaintiff asserts that Obama has fraudulently represented himself as eligible, just by running for office, since the requirement is to be a natural born Citizen and he is not. Fraud or not, he is not eligible to be President, should not have been nominated and should not be on the ballot. The Democrat Party perpetrated this by knowingly running him, nominating him and putting him on the ballot, while being aware of the eligibility issue, without ever vetting him. Florida Secretary of State has failed to exercise his ministerial duty to vet him, notwithstanding an illegal law signed by Gov. Rick Scott, specifically stating that Presidential and Vice Presidential candidates will NOT be vetted. The Attorney General has not acted on complaints. Plaintiff demands the remedy that the Secretary of State be required to execute his ministerial duty, that the nomination be voided and”Obama” be removed from the Florida ballot.
Defendants have filed multiple documents demanding dismissal of the case and attempting to justify their positions. Plaintiff has responded and also filed a supplemental memorandum on the nature of natural born Citizenship.
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View case DOCKET
37 2012 CA 000467 VOELTZ, MICHAEL C vs BARACK H OBAMA FLORIDA DEMOCRAT NOMINEE FOR PRESIDENT
Hearing 0900 on Monday, June 18 at Leon County Courthouse
Some case documents:
Amended Complaint
Response to Motion to Dismiss
Notice of Depositions (postponed)
Sheriff Joe Arpaio/Mike Zullo Affidavit
Reply to Memo of Law in Support of Motion to Dismiss
Response to Additional Florida SOS Brief
Supplemental Brief on Natural Born Citizenship

More News on Our Florida Page
Voeltz v Obama– Who
So, here we are, on the eve of “our” first Florida Ballot Challenge hearing. Why do I say “our?” Because many people are behind this. Certainly first and foremost are the plaintiff, sometime Plantation, Florida investor and Toyota salesman Mike Voeltz and his counsel, the iconic Larry E. Klayman, Esq., a licensed Florida and Washington DC attorney with a larger than life past.
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Mike, a registered Democrat, who sounds rather Conservative, has obsessed over the ineligible Obama faux Presidency. He has a sense of outrage, not only that this could be perpetrated, but that people who we put our trust in have enabled this colossal fraud to be perpetrated. His exhaustive research, poring through libraries, online research, talking to experts, has given him amazing knowledge of specific applicable eligibility and election law, which exceeds that of most attorneys. He has been mistaken for an attorney multiple times, although he makes no pretense of being one. Read his recent article.

Plaintiff Mike Voeltz, FL Ballot Challenge Project Manager Sam Sewell, Collette v Obama plaintiff Jerry Collette

Attorney Larry E. Klayman, Esq.
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Larry Klayman** is a legend in some circles. He is the Founder of Judicial Watch** and Freedom Watch**, ran for the U.S. Senate, is the only one in history to have ever prevailed in a lawsuit against a sitting President, worked on the winning side on the landmark Florida Gore v Bush case in 2000, the Corsi v Esquire suit over the “Where’s the Birth Certificate?” book. Currently, he is also suing OPEC, Iran and various Obama administration entities—he sues governments for a living. Because he works mainly on high risk, politically incorrect suits, for subprime clients like us, he doesn’t have the luxury of being able to do much pro bono work, although we got a phenomenal deal for such a high profile attorney. Please HELP HIM, us and yourselves in this effort.

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Judge Terry Lewis is the same guy who ruled that Florida Secretary of State Katherine Harris should stop counting ballots, in the landmark Gore v Bush case of 2000.
Sam Sewell., or should I say Rev. Sam Sewell, Florida Ballot Challenge Manager, is an ordained minister, psychotherapist, writer/blogger and confirmed eligibility “Proofer” ( we won’t use the Obots’ favorite pejorative for us herein). He has worked tirelessly for four years to educate people and expose the Marxist usurper in the White House. He only reluctantly accepted our request for him to manage the Florida effort, but has done it with gusto—and results, with events like this excellent Eligibility Conference.
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CPT Pamela Barnett, USA Retired
Capt. Pamela Barnett (ret.) is Founder of ObamaBallotChallenge.com, which researches, facilitates, supports and reports on, not surprisingly, ballot challenges. She formed it last fall, after years of involvement in bruising federal and state court eligibility challenges, such as Barnett et al v Obama, Keyes v Bowen, etc. All were denied standing and/or jurisdiction. Did you know we have no standing, because we can’t prove we were “uniquely and specifically harmed” by the election of Obama? Me neither. But that is what the Federal courts have ruled. Ballot challenges have much easier “standing” requirements. Capt. Barnett is the driving force behind the “California 7” ballot challenge case of Noonan v Obama (more on that in the future). She has supported numerous challenges nationwide and filed several of her own. We hope she will soon publish her book “Never Vetted.”
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Blogger Gary Wilmott and I were in the process of forming a New Hampshire Ballot Challenge support effort and were persuaded to instead pool our resources with Obama State Ballot Challenge. Gary later went on to focus on the Article II SuperPAC.
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George Miller
I (George Miller) am VP of Obama State Ballot Challenge, Tea Party co-founder, Republican delegate unsuccessfully trying to reform GOP, blogger and militiaman. I was revolted by the anti-American, Marxist liar who calls himself Obama and have fought him since June of 2008, telling all my friends, researching the fraud, supporting lawyers, raising money and writing about it all– in spite of my party’s continuing resistance and cowardice, even treachery, which I am very frustrated by and ashamed of.
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We first heard about Mike Voeltz in January, while working on tracking, supporting and reporting on various ballot challenges. Florida caught my attention, because officials kept denying that challenges were even possible, but my sketchy understanding of the law showed contradictory passages in statutes. I know, because I filed an ill-fated administrative challenge there, on the shaky grounds that an illegal Obama nomination would hurt the entire country and prejudice my own state’s decision. I also filed as a co-plaintiff (conspirator) in the (Peoples’ Republik of) California 7 case. In fact, I filed five challenges, in total.
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I’ve known about Larry Klayman for years, but never talked to him until October, 2011, when he was organizing an anti-Obama rally. I talked to him once after that, then, he didn’t return my calls. I finally saw him on a couch at my Pastor’s Christmas party in December. I talked to him for at least a half hour and compared notes, finding a lot of common agreement, even on Obama ineligibility. I suggested that maybe he could help us, but was unable to get him on the phone again, until my Pastor, Dr. Ted Baehr, CEO of Movieguide, arranged a meeting. Larry, Tony Dolz and I roughed out a tentative working agreement, which was covered in a telecon the next day with the combined Florida and California ballot challenge teams and soon ratified. We arranged for Larry to represent our bi-coastal cases.
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After a few weeks of fundraising attempts, we concluded that it would only be possible to support one case, so we triaged down to the Florida case, with its more favorable venue, laws and support. Pamela was left to carry the case pretty much on her own, as negotiations to engage another attorney were unsuccessful.
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While all of this had unfolded, plaintiff Mike Voeltz had researched the issue, written and filed his case by the February 16 deadline for that particular type of case, making it unique, as the only such case. After he engaged Larry as counsel, an amended complaint was filed. A second case has been filed by paralegal Jerry Collette, with a different approach.
Subsequently, additional motions have been filed by both sides, including a motion to dismiss, with subsequent additions and responses to those by plaintiff. Depositions were scheduled, then postponed, since Judge Terry Lewis wanted to first have a hearing on the motion to dismiss and on natural born citizenship.
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Last week, Sheriff Joe Arpaio/Mike Zullo provided us an affidavit to go along with evidence previously released, which adds an official stamp to the already copious and strong evidence that Obama has a fraudulent paper trail and little else to justify his position on the ballot—and in the White House, for that matter. Subpoenaed? >>https://twitter.com/RealSheriffJoe/status/213004552721539072
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Susan Daniels is interviewed by Rev. James Manning
How do we thank all the private citizens who gathered and vetted so much evidence? Just a few are Susan Daniels, Rev. James Manning, Ed Sampson, Orly Taitz, Neil Sankey, Doug Vogt, Paul Irey, Mara Zebest, Jerome Corsi, Don Fredrick, Charles Kerchner, Dean Haskins, Bob Nelson, Tracy Fair, Pamela Barnett, Andrew Breitbart …..
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We also owe the other attorneys (not many at all) and plaintiffs who have spent much money, time, thought and political capital to pursue cases against the usurper. They have helped to determine what works and doesn’t work and just as importantly—to inform the public. Instead of killing public support, the many defeats have actually built some of it, since thinking people know that there is a valid case for the expulsion of Barak Hussein Obama Soetoro Bounel, or whoever he really is.
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We owe the few news sites, such as wnd.com, Post & Email and Canada Free Press (Don’t forget Pravda :-) and many bloggers, who have kept the campaign alive, through the worst defeats, the worst demonization of its advocates, by our powerful enemies and their hangers-on.
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Special thanks to well over 100 contributors, who donated from $5 to $5000 to the Voeltz case fund.and ask no recognition. We wish we could name them all right here and will tout anyone who asks. They made this possible.
Who NOT to thank: ALL mainstream media, including supposedly “Conservative” Fox News, both major political parties, major commentators, such as Beck, O’Reilly, “I will vet him” Hannity, etc. Notable exceptions are Lou Dobbs, Michael Savage & Pamela Geller. Russ Limbaugh is showing signs of recognizing the truth. Of course there are quite a few others who might not be superstars, but who are outstanding patriots speaking up, such as Andera Shea, Joan Swirsky, Bob Haggerman, Laurie Roth, to name a few.
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We don’t know how this phase of the case will fare. The odds aren’t good, based upon what has happened with others. But, win or lose, at a minimum, we will expose the dirt about the usurper, inform the public and set the stage for appeals and other actions.
Read more about the Voeltz v Obama Florida Ballot Challenge and other activity at http://obamaballotchallenge.com
Donate
The Opposition

We must concede that our opponents have done a masterful job at controlling the national conversation and in prevailing in legal battles. After all, they do control the media, academia and government. We compliment them on their mastery, but condemn their lack of patriotism and cowardice.
Expect them to claim that Obama has no obligation to prove his eligibility, which he does.
Expect them to claim that the law doesn’t apply, that Supreme Court precedents don’t apply, or don’t mean what they really say, which they do.
Expect them to claim that even if he did, he has proven eligibility, via multiple (forged digital images only) “birth certificates and a newspaper announcement (unverified, missing name, place of birth and containing a false address). Digital, forged documents only prove fraud and certainly do not establish eligibility. In fact, they would, if valid, prove he had a foreign father, which means he is ineligible.
Expect them to treat non-precedents as legal precedents, as in the case of the flawed Ankeny Indiana case, or the largely irrelevant Wong Kim Ark ruling.
Expect them to twist the very definition of what a natural born citizen is- maybe even what “is” is.
Why is “natural born Citizen” so important?

To understand that, you must understand that the founders wanted to ensure that the highest office in the land was occupied only by someone who owed full allegiance to the United States of America. A letter from John Jay proposed and had accepted a constitutional provision requiring that the President must be a ”natural born Citizen.” Writings and speeches at the time defined that as someone born in the country of citizen parents. Since there was no country then, the founders wrote themselves a ”grandfather clause,” but after that it fully applied. Subsequent settled law supports all of this, but in recent years, there have been attempts to conflate various types of native born and naturalized citizens with natural born, even legislation introduced to eliminate the requirement altogether. AKA “Obama” is the poster boy for why this requirement is so important, providing living proof, almost daily. Article II SuperPAC is dedicated to promoting this requirement, for ALL candidates. Obama State Ballot Challenge is dedicated to enforcing it, via ballot challenges. ConstitutionActionFund.org is dedicated to raising money to help make that happen.
Larry Klayman says that we need just one honest judge of integrity. But by my count, we need more. We need one to get us through this case, a majority on the Florida Supreme Court and five on the U.S. Supreme Court, if it goes the distance. That’s a tall order in the America of 2012. Please all pray and work to make it so.
** Note that money donated to Judicial Watch or Freedom Watch will NOT be used for this case. ConstitutionActionFund.org, Inc. is the official funding source.
 


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Constitution Action Fund

10202 Vanderbilt Drive

Naples, FL 34108

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postscript:


Bunny Sewell reports that she opened a contribution envelope containing a $5 bill, with no note. Noticing that the return address was very close, she drove over there to personally thank the donor. The door opened up to a little old man in a wheelchair. He haltingly said he had seen a video of us at a 912 meeting and couldn’t do much, but this was his contribution to the movement to help to rid us of “Obama!”
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