IN THE SUPREME COURT

STATE OF WASHINGTON

 

 

JAMES E. BROE, KENNETH R. SEAL,       )

ROBERT BAKER, MARK SUSSMAN,         )    Cause No. 8-2-473-8

STAN WALTER, BILL WISE, ANDY           )

STEVENS, ED CRAWFORD,                        )    VERIFIED PETITION

JASON HAGEN, LOUISE WORKMAN,       )                

JOCELYN MARCELLI, MIKE                       )    FOR A

MARCELLI, and KEVIN MCDOWELL,        )

American Citizens, Washington Residents      )    WRIT OF MANDAMUS

and Registered Voters in the State                   )

of Washington,                                    )   

                                                                        )

                                    Plaintiffs,                     )   

                                                                        )   

v.                                                                     )             

                                                                        )             

SAMUEL S. REED, Secretary of State           )    

for the State of Washington,                            )

                                                                        )

                                    Defendant.                   )

____________________________________)

 

           


TABLE OF CONTENTS

 

I.  STATEMENT OF JURISDICTION                                                4

II.  STATEMENT OF THE CASE                                                      4

III.  SUMMARY OF ARGUMENT                                                     5

IV.  ARGUMENT                                                                               6

A.  Issues Presented                                                                      6

B.  Summary of Arguments to Issues Presented                             8

i. The body or officer had jurisdiction of the subject

matter of the determination under review                                9

ii.  The authority, conferred upon the body or officer in

relation to that subject matter, has been pursued in the

mode required by law, in order to authorize it or to make

the determination                                                                     10

iii.  The rule of law affecting the rights of the Plaintiffs

has been violated to their prejudice                                        11

iv.  There is competent proof of all the facts necessary

to be proved, in order to authorize the issuance of a

Writ of Mandamus                                                                   12

v.  The factual determinations are supported by

substantial evidence                                                                14

      C.  Remedy Sought                                                                        15

D.  Jurisdiction and Venue                                                            15

E.  Statement of Applicable Facts                                                 15

F.  Statement of Grounds                                                               16

i.  Barack Hussein Obama is ineligible for the office of the        16

President of the United States.

ii.    Plaintiffs have standing to challenge the right of Barack      18

Hussein Obama to assume office (RCW 29A.68.020).

iii.   Plaintiffs have a right to the statutory remedy set forth

in RCW 29A.68.120.                                                                   19

iv.   The Rule of Law demands that the Secretary of State

set aside the votes cast for Barack Hussein Obama, and a

Writ of Mandamus ordering the Secretary is appropriate.           20

V. CONCLUSION                                                                               21

TABLE OF AUTHORITIES

 

 

ELG v. Perkins, 307 U.S. 325, 59 S.Ct. 884,

83 L.Ed. 1320 (1939).                                                             12

RAP 16.2                                                                                            4

RCW 7.19 et seq.                                                                                5

RCW 7.16.120(1)                                                                               6

RCW 7.16.120(2)                                                                               6

RCW 7.16.120(3)                                                                               6

RCW 7.16.120(4)                                                                               6

RCW 7.16.120(5)                                                                               6

RCW 7.16.160                                                                                    6

RCW 29A.68.020(2)                                                                           6

RCW 29A.68.120                                                                               6

Hawaii Revised Statute 338-178                                                        6

Article II, Section I, U.S. Constitution                                     6

Article III, Section 4, Washington State Constitution              8

Article III,  Section 17, Washington State Constitution                       8

Berg v. Obama, US Dist Ct E.D Pennsylvania, Civ. Act. No. 08-       

cv-04083* (cited as a factual reference; not as authority)       8

Soetoro v. Soetoro, 1980, Hawaii Case No. 1DV00-0-117619*       

            (cited as a factual reference and not as authority)                   9

Rules of the National Democratic Party, Page 18, K 1 and 2              10

Immigration and Nationality Act of June 27, 1952, Section

301(a)(7), 66   Stat. 163, 235, 8 U.S.C. §1401(b),

Matter of S-F-and G-, 2 I & N Dec. 182 (B.I.A.)

approved (Att’y Gen. 1944)                                                    10

Nationality Act of 1940, Section 201, 54 Stat. 1137, Section 201      11

I.  STATEMENT OF JURISDICTION

This action is brought by plaintiffs, registered voters in the State of Washington against Samuel S. Reed in his official capacity as Secretary of State, pursuant to RAP 16.2, and RCW 29A.68.020(2).

II.  STATEMENT OF THE CASE

            Plaintiffs have standing to challenge the election of a candidate who has been elected but was ineligible at the time of his election to run for the office pursuant to RCW 29A.60.020(2).

            Plaintiffs assert that Presidential candidate Senator Barack Hussein Obama was at the time of the election in Washington, ineligible to run for the office of President, because 1) he did not establish his American citizenship; 2) he did not establish that he was a “natural born citizen” as required by Article II, Section I of the U.S. Constitution, and 3) he did not run under his legal name of Barry Soetoro.

III.  SUMMARY OF ARGUMENT

            Senator Obama claims he was born in Hawaii in August of 1961.  His grandmother has reported that she was present in the delivery room in Mombasa, Kenya when he was born, and that his mother rushed him back to Hawaii to register the birth.  The Kenyan Ambassador to the United States has indicated that a monument is being erected in Kenya in the city of Senator Obama’s birth, and a Certificate of Live Birth in Kenya was at one time located by a research team as reported on June 9, 2008 by Wayne Madsen, Online Journal.[1]

            Senator Obama relies on a Hawaiian Certification of Live Birth to establish his American birth; however, under Hawaiian law, the Certification could be obtained by any parent claiming residency within one year of the child’s birth, if the child was born outside of Hawaii.  Consequently, to establish an American birth, Senator Obama needed to produce a Certificate of Live Birth.  He has not done so, because he cannot.  The candidate has the burden to establish eligibility under the rules of the Democratic National Party.  He has failed to do so. 

            Because Senator Obama cannot conclusively establish an American birth, he is ineligible as a candidate for the office of the President of the United States.  In addition, because of the facts concerning his birth and subsequent adoption, he has not even established his American citizenship, or that his legal name is Barack Hussein Obama.

            For these reasons, pursuant to RCW 29A.68.120, the Secretary of State must set aside those votes cast for this candidate because he was ineligible at the time of his election, and this court should so order pursuant to a Writ of Mandamus issued pursuant to RCW 7.19 et seq.

IV.  ARGUMENT

A.  Issues Presented

 Whether the body or officer had jurisdiction of the subject matter of the determination under review. RCW 7.16.120(1).
            Whether the authority, conferred upon the body or officer in relation to that subject matter, has been pursued in the mode required by law, in order to authorize it or to make the determination.  RCW 7.16.120(2).
            Whether, in making the determination, any rule of law affecting the rights of the parties thereto has been violated to the prejudice of the relator.  RCW 7.16.120(3)
            Whether there was any competent proof of all the facts necessary to be proved, in order to authorize the making of the determination.  RCW 7.16.120(4).
            Whether the factual determinations were supported by substantial evidence.  RCW 7.16.120(5).

B.  Summary of Arguments to Issues Presented

i. The body or officer had jurisdiction of the subject matter of the determination under review.

      The Secretary has a duty imposed on him by Article III, Section 4 and Section 17 of the Washington State Constitution to faithfully carry out his duties to ensure fair elections. 

ii.  The authority, conferred upon the body or officer in relation to that subject matter, has been pursued in the mode required by law, in order to authorize it or to make the determination.

      The Secretary of State received by registered mail, return receipt requested a follow-up letter from counsel Stephen Pidgeon on September 10, 2008 that included the original letter of August 11, 2008 filing a formal complaint requesting that the Secretary of State investigate the candidacy of Barack Obama on the grounds that his legal name was not Barack Obama, but Barry Soetoro; that he has or had dual citizenship; and that Mr. Obama was not a “natural born American citizen.”  The pleadings in the Pennsylvania case Berg v. Obama, US Dist Ct E.D Pennsylvania, Civ. Act. No. 08-cv-04083 were attached.  Although RCW 29A.69.020(2) requires no exhaustion of administrative remedies, Plaintiffs have nonetheless exhausted all remedies before the Secretary of State, and the Secretary has taken no action.

The legislature has seen fit to grant statutory standing to any registered voter to challenge the election of a candidate on the basis of ineligibility pursuant to RCW 29A.68.020(2).  If the candidate did not establish his eligibility by the time of the election, the Secretary of State has a duty under RCW 29A.68.120 to set aside those votes cast for him, and certify the winner of the election by the most votes cast. 

iii.  The rule of law affecting the rights of the Plaintiffs has been violated to their prejudice.

Among all issues that have challenged the status of the United States of America, none have threatened the rule of law in this nation more than the election of a non-citizen to the office of the Presidency, in direct contravention to the plainly stated criteria in Article II, Section I of the U.S. Constitution which requires that a candidate for President be a “natural born citizen.” 

Other courts have scurried behind procedural niceties in order to avoid making a decision on the merits concerning Senator Obama’s eligibility, even though a grave constitutional crisis will follow when Kenya erects a monument at his birth place and Americans discover that his is not an American citizen.  Either the constitution is a lawful document or it isn’t.  If this court, like other courts in this nation, has no conviction concerning the constitution and the rule of law, then let us install the man of lawlessness as President. 

We are all threatened by this destruction of the rule of law in this nation, and Plaintiffs, as registered voters in Washington, have lifted their grievance to this tribunal in the hopes that substantial justice which gives meaning to the rule of law in this nation might be done. 

iv.  There is competent proof of all the facts necessary to be proved, in order to authorize the issuance of a Writ of Mandamus.

The date of Senator Obama’s birth can be established by the Certification of Live Birth that he has provided on his website.  See Affidavit of Plaintiffs.  The court should also take judicial notice that Senator Obama is 47 years old.

The burden of proof to establish eligibility is on the candidate, not on the Secretary of State or the Plaintiffs.  Either the candidate established his eligibility for the office prior to the election, or he didn’t.  Although he had the opportunity to produce a Certificate of Live Birth in the Berg v. Obama case in Pennsylvania, he did not.  He did not, because he cannot. 

            In the meantime, his grandmother has made statements that she was in the delivery room in Mombasa, Kenya when he was born, and the Kenyan Ambassador to the United States has indicated that Kenya will be erecting a monument in the city where Senator Obama was born.  On November 21, 2008, on WRIF’s “Mike In The Morning” show, Mike Clark (Michigan Radio Talk Show) Co-Host asked if there was going to be a marker where Barack Obama was born in Kenya.  Kenyan Ambassador  to the United States Ogego said his birthplace in Kenya "is already an attraction."  The next question posed was: “Will they put up a marker at Obama's birthplace there?  Ogego affirmed: "it's already well known!”  The actual audio of this conversation can be heard at the following website: http://my.wrif.com/mim/?p=916.

There is ample reason to believe that Senator Obama was born in Kenya, and it is his burden to establish his eligibility.

v.  The factual determinations are supported by

substantial evidence.

It appears that American voters are the only ones in the world who don’t know that Senator Obama was born in Kenya.  Senator Obama had the opportunity to disprove this well-accepted fact by producing a Certificate of Live Birth from the State of Hawaii prior to his election in Washington.  He did not do so because he cannot.  The record is absolutely clear.  Barack Hussein Obama has failed to provide any evidence of an American birth, of his American citizenship, of his being a “natural born citizen” of the United States of America, and of his name change from his legal name of Barry Soetoro to Barack Hussein Obama.

C.  Remedy Sought

            Plaintiffs seek a Writ of Mandamus to order the Secretary of State to set aside the votes cast for Barack Hussein Obama pursuant to RCW 29A.68.102, because Barack Hussein Obama (hereafter, the “candidate”) failed to establish prior to his election that he was eligible to hold the office under Article II, Section I of the United States Constitution, failing to establish that he was an American citizen, that he was a “natural born” American citizen, or that his legal name was Barack Hussein Obama.

D.  Jurisdiction and Venue

This case arises under the Washington Constitution, RCW 29A.68.020 and Section 15, Article III, Section 4 and Section 17 of the Washington State Constitution, RCW 29A.69.020, and Article II, Section I of the United States Constitution, and presents a state question within this Court’s jurisdiction.  As this is an action against a state officer for mandamus, jurisdiction and venue are proper in the Supreme Court of the State of Washington pursuant to RAP 16.2.

      Plaintiffs are resident of King and Pierce Counties, Washington.

      Defendant Samuel S. Reed is named as the Secretary of State for the State of Washington in that capacity, with an office address of Legislative Office Building, P.O. Box 40220 Olympia, WA 98504-0220. 

E.  Statement of Applicable Facts

The candidate’s parents, Stanley Ann Dunham and Barack Obama, Sr. were married on or about February 2, 1961.  Ms. Dunham was at that time believed to be an American citizen, having grown up in the State of Washington.  Mr. Obama was a citizen of Kenya.  Six months later, Barack Hussein Obama was born.  The candidate claims he was born in Honolulu, Hawaii on August 4, 1961, however, his paternal grandmother has allegedly claimed that she was present at his birth in Mombasa, Kenya.  Hawaii has no Certificate of Live Birth in Hawaii, and an article published on June 9, 2008 claims that a research team did locate a Certificate Registering the Birth of Barack Obama, Jr. at a Kenya Maternity Hospital.[2]   Following the appointment of the candidate’s first cousin Raila Odinga to Prime Minister in Kenya, the Kenyan birth records for Barack Hussein Obama are no longer available for review.

On December 12, 1963, Kenya became independent, and pursuant to the Independence Constitution of Kenya, the candidate became a Kenyan citizen on December 12, 1963.  Dual citizenship was not a possibility for Americans at that time. 

In addition, pursuant to Section 301(a)(7) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S.C. §1401(b), Matter of S-F-and G-, 2 I & N Dec. 182 (B.I.A.) approved (Att’y Gen. 1944), the candidate could not acquire American citizenship, because he was born out of the country and only one parent was an American, and she was disqualified under the Act. 

Stanley Ann Dunham was divorced from the candidate’s natural father shortly after the birth of the candidate and following her return to Hawaii where she allegedly had the birth registered.  She then met and married an Indonesian national named Lolo Soetoro.  In 1967 or 1968, she relocated with Lolo Soetoro and Barack Hussein Obama to Indonesia, where she had a second child.  With the adoption of Barack Hussein Obama by Lolo Soetoro, the birth name was changed as a matter of law from Barack Hussein Obama to Barry Soetoro, and the candidate became an Indonesian national. 

 In 1971, Stanley Ann Dunham and Barry Soetoro returned to Hawaii.  Ms. Dunham did not divorce her second husband Lolo Soetoro until 1980, Hawaii Case No. 1DV00-0-117619.    

The candidate then attended colleges in the United States, including Occidental in California, Columbia University, and Harvard Law School.  When he was 20 years old, he traveled to Pakistan, as detailed in his book, Dreams of my Father.  He did not have an American passport at that time. 

At the time of his election in Washington, the candidate had failed to produce a vault copy of his certificate of live birth; a copy of his passport that he used when he traveled to Pakistan in 1981; his academic records at Occidental; his court-ordered name change from his adopted name to his birth name; his academic records at Columbia; and his academic records at Harvard, all of which would have evidentiary weight in determining his legal name and his nationality.

The candidate was at the time he was elected ineligible for American citizenship because: 1) his father was a Kenyan national; 2) his mother was an American national who gave birth before her 19th birthday; and 3) the candidate was born outside of the United States.  The candidate has failed to establish that he was a “natural born” citizen of the United States, that he was a citizen of the United States, and that he was running for office under his legal name.

F.  Statement of Grounds

            Plaintiffs have statutory grounds for a writ of mandamus pursuant to RCW 7.16.160, to “compel the admission of the Secretary of State to the use and enjoyment of a right to the election of eligible candidates in Washington to which such Plaintiffs, as registered voters in this state, are entitled.

                      i.          Barack Hussein Obama is ineligible for the office of the President of the United States.

            Presidential candidate and now President-elect Barack Hussein Obama has not established by any means that he is in fact an American citizen or a natural born American citizen as required under Article II, section I of the United States Constitution, which provides as follows:

 "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"

To establish his being “a natural born citizen,” the candidate must produce a Certificate of Live Birth from one of the fifty states of the United States.  A Certification of Live Birth is not the equivalent and is insufficient to establish live birth in the US, since the birth date and the location of the birth can be attested to by a single person without witnesses.  The candidate has not produced any such Certificate of Live Birth from any one of the fifty states.

            To establish that he is an American citizen, the candidate must either prove that he was born in the United States – which he has not – or prove that he was born to American parents, and to then take an oath of allegiance shortly after his 18th birthday.  The candidate has produced no oath of allegiance or record of taking any oath of allegiance.  See ELG v. Perkins, 307 U.S. 325, 59 S.Ct. 884, 83 L.Ed. 1320 (1939).

            In the event that the candidate was born outside of the fifty United States, and when only one parent is American and the other a foreign national, the law governing his citizenship was established by the Nationality Act of 1940, Section 201, 54 Stat. 1137, [3] and the Immigration and Nationality Act of 1952.[4]  Section 301(a)(7) of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S.C. §1401(b), Matter of S-F-and G-, 2 I & N Dec. 182 (B.I.A.) approved (Att’y Gen. 1944), required that when a child is born abroad and one parent is a U.S. citizen, that parent would have had to live ten (10) years in the United States, five (5) of which were after the age of fourteen.  At the time of Obama’s birth, his mother was only eighteen years old, and therefore did not and could not meet the residency requirements to pass to her son U.S. Citizenship.   The Act of November 6, 1966 (80 Stat. 1322), amended Section 301 (a) (7) of the Immigration and Nationality Act of 1952 to read as follows:
            “Section 301 (a) (7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years.”

The immigration laws in effect at the time of and as amended five years after Obama’s birth simply did not allow for citizenship at birth for children born abroad to a U.S. citizen parent and a non-citizen parent if the citizen parent was under the age of nineteen. 

 The candidate has not proved that he was born in Hawaii, although he was sued in federal court in Pennsylvania, and the issue has been raised in the press, now like a firestorm.  The candidate has provided a copy of his Certification of Live Birth.  See Affidavit of Plaintiffs.  However, Hawaii Revised Statute 338-178 allows for and allowed for registration of birth in Hawaii for a child that was born outside of Hawaii to parents who, for a year preceding the child’s birth, claimed Hawaii as their place of residence.  Because this anomaly exists that allows for a Certification of Live Birth to be issued to a child born outside of Hawaii, to establish that he is a “natural born citizen” the candidate must produce a Certificate of Live Birth, which gives conclusive evidence of his birth in Hawaii.  He has not produced such a document, and cannot produce such a document.  He was well aware of the issue prior to the election and chose to ignore it.  The candidate did not establish his citizenship as an American prior to the election and is therefore ineligible. 

ii.    Plaintiffs have standing to challenge the right of Barack Hussein Obama to assume office pursuant to RCW 29A.68.020.

Plaintiffs have standing to challenge the right of the candidate to assume office pursuant to RCW 29A.68.020(2) “Because the person whose right is being contested was not at the time the person was declared elected eligible to that office.”

iii.   Plaintiffs have a right to the statutory remedy

set forth in RCW 29A.68.120.

The candidate failed to establish his eligibility for the office prior to the national general election held on November 4, 2008.  The candidate did not prove that he has American citizenship, that he was a natural born citizen, or even that his legal name is Barack Hussein Obama.  The candidate was therefore ineligible, and the Secretary of State has a duty to set aside those votes cast for him pursuant to RCW 29A.68.120.

The onus to prove eligibility has always been on the candidate himself.  Page 18 of the rules of the national Democratic Party provides as follows:

K. 1. Based on the right of the Democratic Party to freely assemble and to determine the criteria for its candidates, it is determined that all candidates for the Democratic nomination for President or Vice President shall:

a. be registered to vote, and shall have been registered to vote in the last election for the office of President and Vice President; and

b. have demonstrated a commitment to the goals and objectives of the Democratic Party as determined by the National Chair and will participate in the Convention in good faith.

2. It is further determined that these requirements are in addition to the requirements set forth by the United States Constitution and any law of the United States. (emphasis added)

 iv.   The Rule of Law demands that the Secretary of State

set aside the votes cast for Barack Hussein Obama, and a Writ of Mandamus ordering the Secretary is appropriate.

Article II, Section I of the United States Constitution sets forth the eligibility requirements for candidates for the presidency.  One of those requirements is that the candidate be a “natural born citizen” of the United States.  The Secretary has a duty imposed on him by Article III, Section 4 and Section 17 of the Washington State Constitution to faithfully carry out his duties to ensure fair elections. 

The legislature has seen fit to grant statutory standing to any registered voter to challenge the election of a candidate on the basis of ineligibility pursuant to RCW 29A.68.020(2).  If the candidate did not establish his eligibility by the time of the election, the Secretary of State has a duty under RCW 29A.68.120 to set aside those votes cast for him, and certify the winner of the election by the most votes cast. 

V. CONCLUSION

For these reasons, this court should issue a Writ of Mandamus and order the Secretary of State to immediately set aside those votes cast for Barack Hussein Obama.

 

 

 

 

 

DATED:  December 1, 2008              ______________________________

                                                            Stephen Pidgeon, WSBA#25265

                                                            10900 NE 8th Street, Suite 900

                                                            Bellevue, Washington 98004

                                                            (425)605-4774

                                                            Attorney for Plaintiffs

 

 

ATTORNEY’S DECLARATION

            I am the author of the foregoing Petition for Writ of Mandamus.  I prepared the Statements based on personal knowledge of the complaint filed with the Secretary of State, and on my research of public documents.  I believe the facts I have provided are fair, accurate, and complete, and accurately represent the information I have reviewed.  I declare under the laws of perjury under the laws of the State of Washington that the foregoing is true and correct.

Signed in Snohomish, Washington this 1st day of December, 2008.

                                   

 

                                                            ______________________________

                                                            Stephen Pidgeon, WSBA#25265

 

 

VERIFICATION OF CLAIMS

State of Washington                 )

)

County of King and Pierce      )

 

We are the plaintiffs in this action, and we have read the foregoing Petition for Writ of Mandamus.  We are each registered voters and residents of the State of Washington.  By means of our own research, we have personal knowledge of the issues presented, and the arguments made.  We believe the Statement of Facts accurately represents our understanding of the facts and the information we have reviewed.  We declare under the laws of perjury under the laws of the State of Washington that the foregoing is true and correct.

Signed in King County, Washington this ___ day of December, 2008.

                                   

__________________________        __________________________

JAMES E. BROE                                KENNETH R. SEAL

 

 

 __________________________       __________________________

ROBERT BAKER                              MARK SUSSMAN

 

 

__________________________        __________________________

STAN WALTER                                 BILL WISE

 

 

 __________________________       __________________________

ANDY STEVENS                              ED CRAWFORD

 

 

__________________________        __________________________

JASON HAGEN                                 LOUISE WORKMAN,

 

 

 

 __________________________       __________________________

JOCELYN MARCELLI                      MIKE MARCELLI

 

 

__________________________        __________________________

KEVIN MCDOWELL

 

 


[1] http://onlinejournal.com/artman/publisher/printer_3349.shtml

[2] Wayne Madsen, Journalist with Online Journal as a contributing writer and published an article on June 9, 2008, stating that a research team went to Mombasa, Kenya, and located a Certificate Registering the birth of Barack Obama, Jr. at a Kenya Maternity Hospital, to his father, a Kenyan citizen and his mother, a U.S. citizen.

[3] "Section 201. The following shall be nationals and citizens of the United States at birth:
 

"(g) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States who, prior to the birth of such person, has had ten years' residence in the United States or one of its outlying possessions, at least five of which were after attaining the age of sixteen years, [emphasis added] the other being an alien: Provided, That in order to retain such citizenship, the child must reside in the United States or its outlying possessions for a period or periods totaling five years between the ages of thirteen and twenty-one years: Provided further, That, if the child has not taken up a residence in the United States or its outlying possessions by the time he reaches the age of sixteen years, or if he resides abroad for such a time that it becomes impossible for him to complete the five years' residence in the United States or its outlying possessions before reaching the age of twenty-one years, his American citizenship shall thereupon cease.
 

(h) The foregoing provisions of subsection (g) concerning retention of citizenship shall apply to a child born abroad subsequent to May 24, 1934."

[4] The Immigration and Nationality Act of June 27, 1952, 66 Stat. 163, 235, 8 U.S. Code Section 1401 (b). (Section 301 of the Act).
 

"Section 301. (a) The following shall be nationals and citizens of the United States at birth:
 

"(1) a person born in the United States, and subject to the jurisdiction thereof;
 

"(7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States, who prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years.
 

(b) Any person who is a national and citizen of the United States at birth under paragraph (7) of subsection (a), shall lose his nationality and citizenship unless he shall come to the United States prior to attaining the age of twenty-three years and shall immediately following any such coming be continuously physically present in the United State(s) for at least five years: Provided, That such physical presence follows the attainment of the age of fourteen years and precedes the age of twenty-eight years.
 

(c) Subsection (b) shall apply to a person born abroad subsequent to May 24, 1934: Provided, however, That nothing contained in this subsection shall be construed to alter or affect the citizenship of any person born abroad subsequent to May 24, 1934, who, prior to the effective date of this Act, has taken up a residence in the United States before attaining the age of sixteen years, and thereafter, whether before or after the effective date of this Act, complies or shall comply with the residence requirements for retention of citizenship specified in subsections (g) and (h) of section 201 of the Nationality Act of 1940, as amended."