ORLY TAITZ, Esq. (SBN 223433)
26302 La Paz
Mission Viejo Ca 92691
Telephone:
(949) 683-5411
Facsimile:
(949) 586-8110
THE LAW OFFICE OF GARY G.
KREEP
GARY G. KREEP (SBN 066482)
932 "D" Street,
Suite 2
Ramona, California 92065
Tel: (760) 787-9907
Fax: (760) 788-6414
Attorneys for Petitioners
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SACRAMENTO
AMBASSADOR DR. ALAN KEYES, a resident of the
State of Maryland, and DR. WILEY S. DRAKE, SR., and MARKHAM ROBINSON, each a
resident of the State of California, all Petitioners herein, bring this
litigation.
PETITIONERS allege:
I
INTRODUCTION
Parties
1. Ambassador
Dr. Alan Keyes, Petitioner herein, is the Presidential candidate of the
American Independent Party, in the 2008 election, on the California State
Ballot;
2. Dr.
Wiley S. Drake, Sr., Petitioner herein, is a Certified California Elector of
the American Independent Party and is the Vice Presidential candidate of the
American Independent Party, in the 2008 election, on the California State
Ballot;
3. Markham
Robinson, Petitioner herein, is a Certified California Elector of the American
Independent Party, Vice Chairman of America’s Independent Party, and Chairman
of the American Independent Party;
4. Debra
Bowen, Respondent herein, is the Secretary of State of the State of California
(hereafter referred to as “SOS”);
5. Senator
Barack Hussein Obama, Respondent herein, is the Presidential Candidate of the
Democratic Party on the California State Ballot;
6. Senator
Joe Biden, Respondent herein, is the Vice-Presidential Candidate of the
Democratic Party on the California State Ballot;
7. Aleita
Huguenin, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, in the State of California;
8. Lou
Paulson, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, in the State of California;
9. Ian
Blue, Respondent herein, is a Certified Elector for the 2008 Presidential and
Vice-
Presidential Election, designated by the Democratic Party nominee in the
1st Congressional District;
10. Mark
Cibula, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
2nd Congressional District;
11. Richard
Hundrieser, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election,
designated by the Democratic Party nominee in the 3rd Congressional District;
12. Lawrence
DuBois, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
4th Congressional District;
13. Mark
Friedman, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
5th Congressional District;
14. Mary
Hubert, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
6th Congressional District;
15. Fred
Jackson, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
7th Congressional District;
16. LeRoy
King, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
8th Congressional District;
17. Roberta
Brooks, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
9th Congressional District;
18. Audrey
Gordon, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
10th Congressional District;
19. Michael
McNerney, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
11th Congressional District;
20. Nancy
Parrish, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
12th Congressional District;
21. James
Farley, Respondent herein, is an Elector for the 2008 Presidential and Vice-
Presidential Election, designated by the Democratic Party nominee in the
13th Congressional District;
22. John
Freidenrich, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
14th Congressional District;
23. Jeremy
Nishihara, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
15th Congressional District;
24. Jaime
Alvarado, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
16th Congressional District;
25. Vinz
Koller, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
17th Congressional District;
26. Gregory
Olzack, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
18th Congressional District;
27. David
Sanchez, Respondent herein, is an Elector for the 2008 Presidential and Vice-Presidential
Election, designated by the Democratic Party nominee n the 19th Congressional
District;
28. Larry
Sheingold, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
20th Congressional District;
29. Stephen
Smith, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
21st Congressional District;
30. Mark
Macarro, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
22nd Congressional District;
31. Nathan
Brostrom, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
23rd Congressional District;
32. Robert
“Bob” Handy, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
24th Congressional District;
33. Robert
Conaway, Respondent herein, is an Elector for the 2008 Presidential and Vice
Presidential Election, designated by the Democratic Party nominee in the
25th Congressional District;
34. Greg
Warner, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
26th Congressional District;
35. Lane
Sherman, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
27th Congressional District;
36. Ilene
Huber, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
28th Congressional District;
37. Kenneth
Sulzer, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
29th Congressional District;
38. Sanford
Weiner, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
30th Congressional District;
39. Ana
Delgado Mascarenas, Respondent herein, is an Elector for the 2008 Presidential
and Vice-Presidential Election, designated by the Democratic Party nominee in
the 31st Congressional District;
40. Joe
Perez, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
32nd Congressional District;
41. Gwen
Moore, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
33rd Congressional District;
42. Anthony
Rendon, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
34th Congressional District;
43. Karen
Waters, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
35th Congressional District;
44. Kelley
Willis, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
36th Congressional District;
45. Silissa
Uriarte-Smith, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee
in the 37th Congressional District;
46. Norma
Torres, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
38th Congressional District;
47. Alma
Marquez, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
39th Congressional District;
48. Ray
Cordova, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
40th Congressional District;
49. Patrick
Kahler, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
41st Congressional District;
50. Aaruni
Thakur, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
42nd Congressional District;
51. Joe
Baca, Jr., Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
43rd Congressional District;
52. Juadina
Stallings, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
44th Congressional District;
53. Betty
McMillion, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
45th Congressional District;
54. William
Ayer, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
46th Congressional District;
55. Gregory
Willenborg, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
47th Congressional District;
56. James
Yedor, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
48th Congressional District;
57. Bobby
Glaser, Respondent herein, is an Elector for the 2008 Presidential and Vice-
Presidential Election, designated by the Democratic Party nominee in the
49th Congressional District;
58. Mary
Keadle, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
50th Congressional District;
59. Frank
Salazar, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
51st Congressional District;
60. Christine
Young, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
52nd Congressional District;
61. Sid
Voorakkara, Respondent herein, is an Elector for the 2008 Presidential and
Vice-Presidential Election, designated by the Democratic Party nominee in the
53rd Congressional District.
Legal
Basis
62. Article
II, Section I of the United States Constitution, states, in pertinent part, 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;"
63. Senator
Barack H. Obama is a candidate for the Office of the President of the United
States. However, to assume such office,
Senator Obama must meet the qualifications specified for the Office of the
President of the United States, which includes that he must be a "natural
born" citizen. Senator Obama has
failed to demonstrate that he is a "natural born" citizen. There are other legal challenges before
various state and federal courts regarding aspects of lost or dual citizenship
concerning Senator Obama. Those
challenges, in and of themselves, demonstrate Petitioners’ argument that
reasonable doubt exists as to the eligibility of the Democratic Party’s nominee
for President.
64. SOS
is responsible for ensuring the validity of the State election process by,
among other things, verifying the qualifications of the voters, approving the
ballots and the candidates, supervising the counting of the ballots, and
certifying the results. This
certification of the vote by SOS, based upon which Electors received the
highest number of votes in the state, is the method provided for in California
law for ascertaining which Electors are appointed to vote for president
(California Elections Code §
15505, 3 U.S.C. § 6). On
December 1, or as soon as soon as the election results have been received from
all counties in the state, SOS shall certify the names of the ascertained Electors
to the Governor, and then transmit to each presidential Elector a certificate
of election (California Elections Code § 15505). The Governor then issues and seals a Certificate of Ascertainment
which is delivered to the Electors by December 15 (3 U.S.C. § 6), who then meet
to sign the Certificate of Vote (Federal Election Code § 192.006). The office of SOS is intended to be
non-biased and to provide the critical sense of fairness and impartiality
necessary for the people to have faith in the fundamental underpinnings of the
democratic basis for our elections.
65. There
is a reasonable and common expectation by the voters that to qualify for the
ballot, the individuals running for office must meet minimum qualifications as
outlined in the federal and state Constitutions and statutes, and that
compliance with those minimum qualifications has been confirmed by the
officials overseeing the election process.
Heretofore, only a signed statement from the candidate attesting to his
or her meeting those qualifications was requested and received by SOS, with no
verification demanded. This practice
represents a much lower standard than that demanded of one when requesting a
California driver’s license. Since SOS
has, as its core, the mission of certifying and establishing the validity of
the election process, this writ seeks a Court Order barring SOS from certifying
the California Electors until documentary proof that Senator Obama is a “natural
born” citizen of the United States of America is received by her. This proof could include items such as his
original birth certificate, showing the name of the hospital and the name and
the signature of the doctor, all of his passports with immigration stamps, and
verification from the governments where the candidate has resided, verifying
that he did not, and does not, hold citizenship of these countries, and any
other documents that certify an individual’s citizenship and/or qualification
for office.
66. In
the case of individuals seeking the Office of President of the United States,
the United States Constitution provides for a system of Electors, wherein
citizens of the respective states have a state
controlled election in which Electors representing the interests of the
respective candidates for President
on the state ballot are elected to represent the interests of the
respective state in the Electoral College.
Thus, there is no federal ballot controlled by the federal government. There is a California State ballot where
voters elect Electors who in turn represent the named candidate for office on
the ballot. That is one more reason why
SOS has responsibility for the certification of not just the counts of the
ballots cast, but,
also, the propriety of the contents of the ballot. In case Senator Obama cannot present proper
documentation verifying his citizenship, he cannot be elected President of the
United States, and SOS has a duty to bar the casting of votes by California Electors
in support of his candidacy.
67. To
avert a constitutional crisis which would certainly accrue after the election
through
laborious legal challenges, this writ seeks to resolve such
complaints. It was incumbent on the
candidates to present the necessary documentation confirming his citizenship,
but, to date, Senator Obama has failed to do so.
68. At
this point, Senator Obama has not allowed independent or official access to his
vault (original hospital) birth records and supporting hospital records. Senator Obama’s citizenship status has been,
and is being, challenged in 17 different legal actions in various federal and
state courts, which challenges cast doubt on the validity of the electoral
process, regardless of outcome, if not resolved prior to the certification of
the election by the Electors. SOS is
specifically charged with certifying and guaranteeing the validity of official
documents and overseeing the elections in California, such that the people’s
confidence in the fundamental aspect of democracy is maintained. To date, in this regard, SOS has not carried
out that fundamental duty.
69. This
writ requests a court order barring the SOS from both certifying to the
Governor the names of the California Electors, and from transmitting to each
presidential Elector a Certificate of Election, until such documentary proof is
produced and verified showing that is a “natural born” citizen of the United
States and does not hold citizenship in Indonesia, Kenya or Great Britain. In addition, this writ requests a court
order barring the California Electors from signing the Certificate of Vote
until such
documentary proof is produced and verified showing that Senator Obama is
a “natural born” citizen of
the United States and does not hold citizenship in Indonesia, Kenya or
Great Britain.
70. Should
Senator Obama be discovered, after he takes office, to be ineligible for the
Office of President of the United States of America and, thereby, his election
declared void, Petitioners, as well as other Americans, will suffer irreparable
harm in that an usurper will be sitting as the President of the United States,
and none of the treaties, laws, or executive orders signed by him will be valid
or legal.
71. 3
United States Code (U.S.C.) Section 8 provides, “The electors shall vote for
President and Vice President, respectively, in the manner directed by the
Constitution.” This federal statute
confers upon each elector an affirmative duty to discover whether the candidate
for President for which the elector is seeking election is a “natural born”
citizen. Otherwise, the elector would
not know if his vote was being cast in the “manner directed by the
Constitution.”
72. Given
this constitutionally mandated duty, PETITIONERS have standing to bring this
Writ before this Court.
73. A
growing number of questions have arisen in litigation in at least 10 states
contesting whether Senator John McCain or Senator Barack Obama are “natural
born” citizens and, therefore, constitutionally eligible to be entrusted with
the Office of President of the United States.
In the litigation against Senator Obama, allegations have been made that
his admitted dual citizenship in Indonesia, and lack of evidence that he
renounced the same, caused a loss of his United States Citizenship as a matter
of law. Moreover, evidence released by
the Obama campaign purporting to be a “Certification of Live Birth” on its face
appears to be of questionable authenticity.
One of the many problems with this evidence is that the border design
differs from the border designs of other Certifications of Live Birth printed
during the same time period. All these
questions about both of the candidates are still unresolved. In the course of those lawsuits, some of
which have been dismissed, it has been determined that there exists no
designated official in the federal government, or the government of the states,
directly charged with the responsibility of determining whether any
Presidential candidate meets the qualifications of
Article II of the Constitution of the United States. In most states, that responsibility is
vested with the
political parties, all of which have a conflict of interest in making
any such determination, and none of which have been forthcoming with
information or evidence verifying any candidate’s compliance with the
eligibility requirements.
74. A
press release was issued on October 31, 2008, by the Hawaii Department of
Health by its Director, Dr. Chiyome Fukino.
Dr. Fukino said that she had “personally seen and verified that the Hawaii
State Department of Health has Senator Obama’s original birth certificate on
record in accordance with state policies and procedures.” That statement failed to resolve any of the
questions being raised by litigation and press accounts. Being “on record” could mean either that its
contents are in the computer database of the department or there is an actual
“vault” original.
75.
Further, the report does not say whether the birth certificate in the “record”
is a Certificate of Live Birth or a Certificate of Hawaiian Birth. In Hawaii, a Certificate of Live Birth
resulting from hospital documentation, including a signature of an attending
physician, is different from a Certificate of Hawaiian Birth. For births prior to 1972, a Certificate of
Hawaiian Birth was the result of the uncorroborated testimony of one witness
and was not generated by a hospital.
Such a Certificate could be obtained up to one year from the date of the
child’s birth. For that reason, its
value as prima facie evidence is limited and could be overcome if any of the
allegations of substantial evidence of birth outside Hawaii can be
obtained. The vault (long Version)
birth certificate, per Hawaiian Statute 883.176 allows the birth in another State
or another country to be registered in Hawaii.
Box 7C of the vault
Certificate of Live Birth contains a question, whether the birth was in
Hawaii or another State or Country.
Therefore, the only way to verify the exact location of birth is to
review a certified copy or the original vault Certificate of Live Birth and
compare the name of the hospital and the name and the signature of the doctor
against the birthing records on file at the hospital noted on the Certificate
of the Live Birth.
76. An
unprecedented and looming constitutional crisis awaits if a President elected
by the popular vote and the electoral vote does not constitutionally qualify to
serve in that capacity. In addition,
if Senator Obama is not a “natural born” citizen and not eligible for
presidency, Senator Obama will be
subject to the criminal Provisions of the California Elections Code,
stating, “Any person who files or submit for filing a nomination paper or
declaration of candidacy knowing that it, or any part of it, has been made
falsely is punishable by a fine not exceeding one thousand dollars ($1,000) or
by imprisonment in the state prison for 16 months or two or three years or by
both the fine and imprisonment” (California Elections Code § 18203). Further, Senator Obama, SOS, the Governor of
the State of California, and all of the California Electors may be subject to
the penal provisions of the California Elections Code which states, “Any person
who commits fraud and any person who aids or abets fraud or attempts to aid or
abet fraud, in connection with any vote cast, to be cast, or attempted to be
cast, is guilty of felony, punishable by imprisonment for 16 months or two or
three years” (California Elections Code § 18500 ).
77. The
Twentieth Amendment to the United States Constitution provides, “if the President
elect shall have failed to qualify, then the Vice President elect shall act as
President until a President shall have qualified; and the Congress may by law
provide for the case wherein neither a President elect nor a Vice President
elect shall have qualified, declaring who shall then act as President, or in
the manner in which one who is to act shall be elected, and such person shall
act accordingly until a President or Vice President shall have qualified.” Thus, if Senator Obama cannot take office due
to his citizenship, succession to the Presidency is set.
II
BACKGROUND
OF THE CASE
78. The
Office of the Secretary of State of California is the California agency
responsible for certifying candidates for inclusion on the ballot. Historically, California Secretaries of
State have exercised their due diligence by reviewing necessary background
documents, verifying that the candidates that were submitted by the respective
political parties as eligible for the ballot were indeed eligible. In 1968, the Peace and Freedom Party
submitted the name of Eldridge Cleaver as a qualified candidate for
President of the United States.
The then SOS, Mr. Frank Jordan, found that, according to Mr. Cleaver’s
birth certificate, he was only 34
years old, one year shy of the 35 years of age needed to be on the
ballot as a candidate for President.
Using his administrative powers, Mr. Jordan removed Mr. Cleaver from the
ballot. Mr. Cleaver unsuccessfully
challenged this decision to the Supreme Court of the State of California, and,
later, to the Supreme Court of the United States. Similarly, in 1984, the Peace and Freedom Party listed Mr. Larry
Holmes as an eligible candidate in the Presidential primary. When the then SOS checked his eligibility,
it was found that Mr. Holmes was similarly not eligible, and Mr. Holmes was
removed from the ballot. Currently, we
have a similar situation in that the Democratic Party has submitted the name of
Senator Barack Obama as candidate for President.
79. However,
there are a number of separate reasons that would make Senator Obama ineligible
to serve as President of the United States. On August 21, 2008, Mr. Phillip J. Berg, former Deputy Attorney
General of the State of Pennsylvania, filed a legal action against Senator
Obama and the Democratic National Committee.
With his action, and in the subsequent appeal to the Supreme Court of
the United States, Mr. Berg provided documents to the effect that Senator Obama
was born in what is now Kenya (the British East African Protectorate of
Zanzibar at the time) and that his paternal grandmother was present at his
birth. Senator Obama claims that he was
born in Hawaii. According to statements
made by his half-sister, Maya Soetoro Ng, he was born in Kapiolani Hospital in
Hawaii. According to his biography
posted on Wikipedia, Senator Obama was born in Queens Hospital in Hawaii. However, he has never provided the original
hospital birth certificate from 1961, with the name of the hospital and the name
and the signature of the doctor in attendance.
All that Senator Obama has posted on his website is a Registry of Live
Birth (short version), obtained in 2007, that does not provide the name of the
hospital or the doctor. Clearly, one
human being cannot be born in three different places. Hawaii Revised Statute 338-178 allows 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.
The only way to know where
Senator Obama was actually born is to view Senator Obama’s original
birth certificate from 1961 that shows the name of the hospital and the
name and signature of the doctor
that delivered him. From August
21, 2008, for over two months, Senator Obama has refused to provide his
original birth certificate, even though, in his book, Dreams of My Father, page
26, he states, “… I found the article folded between my birth certificate and
old immunization records…” which shows that he clearly has his birth
certificate, or that he lied in his book.
Particularly telling is the fact that not one single person has come
forward, not a doctor, not a nurse, not a hospital administrator, nor anyone
else, to state that he or she was present during this birth, except for Obama's
paternal grandmother, who affirmed that she "was in the delivery room in
Kenya when he was born Aug. 4, 1961.”
Additionally, when Mr. Berg served subpoenas on the hospitals mentioned
above, Senator Obama refused to sign a consent form that would allow the hospitals
to release any of his information.
Instead, Senator Obama has hired three law firms to defend himself, and
has challenged the action by Mr. Berg on a technicality, claiming that an
ordinary citizen does not have standing to bring the suit. This matter is currently being reviewed by
the U.S. Supreme Court. The parties in
this case have standing to bring this litigation, due to the fact that Dr.
Keyes and Dr. Drake, Sr., are candidates on the California ballot for President
and Vice President of the United States, and Mr. Robinson is an Elector for the
Keyes-Drake ticket, and Vice Chairman of America’s Independent Party, of
Fenton, Michigan, which nominated Dr. Keyes for President. He is also a Chairman of the American
Independent Party (California), which nominated Dr. Keyes and Dr. Drake for
President and Vice President, respectively.
Based on the foregoing, it is imperative for SOS to be provided proof
that Senator Obama is a “natural born” citizen.
80. If
he was born in Hawaii, there are four (4) other obstacles to Senator Obama’s
eligibility. In and about 1967, Senator
Obama moved to Indonesia, took the last name of his stepfather, Soetoro, and
went by the name Barry Soetoro. In
original legal action filed by Mr. Berg, he presented Senator Obama’s school
registration, showing him registered as Barry Soetoro, Citizenship-Indonesian,
Religion Islam, signed by L. Soetoro.
From 1945, Indonesia has not allowed dual citizenship and, therefore,
Ms. Dunham-Obama-Soetoro, Senator Obama’s mother, had to relinquish her son’s
U.S.
citizenship in order to obtain Indonesian citizenship for him, which
would make him ineligible to become
a United States President.
Additionally, the United States could not allow dual citizenship with
Indonesia at that time, as Indonesia did not allow dual citizenship, and it was
prohibited by the Hague Convention of 1930, as interfering with the internal
affairs of another sovereign Country.
81. In
addition, upon return to the United States in and around 1971-1972, Senator
Obama would have been required to go to the then current immigration procedures
to regain his U.S. citizenship. There
is no record of him ever doing that.
Even if he had done so, he would be considered a naturalized citizen and
not a “natural born” citizen.
82. Additionally,
assuming Senator Obama was born in what is now Kenya, at the time of Senator
Obama’s birth in 1961, (now) Kenya was the British Protectorate of Zanzibar and
Senator Obama was automatically accorded a form of British citizenship under
Section 32(1) of the British Nationality Act of 1948, effective date January
28, 1949, based on his father’s citizenship.
83. Finally,
in 1981, Senator Obama traveled to Pakistan, when there was a ban for U.S.
citizens to travel to Pakistan. The
only logical possibility for him to do so was by using one of his other
passports: Indonesian, Kenyan, or British.
84. Based
on all of the above, it is the duty of the SOS to obtain proper documentation
of Senator Obama’s citizenship to confirm his eligibility for the office of the
President of the United States.
85. On
October 25, 2008, SOS was contacted, via e-mail, by Orly Taitz, Esq.,
discussing the issues mentioned above.
SOS has acknowledged receipt of said e-mail and sent a response. As of that time, SOS was on notice and had a
duty to act. Ms. Taitz had a subsequent
conversation with the election analyst of SOS Office, Ms. Philly Crosby. Ms. Taitz requested an administrative
hearing on the matter in question. Ms.
Crosby stated that she would discuss the matter with Ms. Bowen and SOS’ General
Counsel, Ms. Pam Giarizzo, and that Ms. Giarizzo would telephone Ms. Taitz to
discuss the issue. Ms.
Taitz followed this conversation with a second e-mail, confirming all
the details of the conversation. As
yet, SOS has taken no steps to request the necessary documents from Senator
Obama. It appears that Ms.
Bowen is intending to certify Senator Obama, and to certify his
Electors, and not protect the people of the
State of California by enforcing its laws. As a result of SOS declining to act pursuant to the above
described legal obligations, the only remedy is to request relief from the
Superior Court of California, and seek injunctive relief available to bar SOS
from certifying the California Electoral votes until such documentary proof
that Senator Obama’s United States citizenship is produced.
III
EFFECT
OR FAILURE TO GRANT INJUNCTIVE RELIEF
86. Failing
to officially and publically validate the status of the citizenship claims of
Senator Obama will cast a pall of doubt on the election process and taint the
election results themselves. A proper inquiry into Senator Obama’s eligibility
will not constitute a hardship on Senator Obama, and it will not deny his
voters the right to vote for him, since this very right is dependent on his
eligibility for the office as a “natural born” citizen. If Senator Obama is not a “natural born”
citizen, and, therefore, not eligible to serve as President, no hardship on him
or any other Respondent can be shown.
On the contrary, lack of the relief that is prayed for will constitute
an insurmountable hardship on the voters of the State of California.
87. Failure
to grant the relief sought would allow a potentially corrupted, fraudulent,
nomination and election process to continue.
If indeed, Senator Obama knew that he is not eligible for the
presidency, he would be subject to California Election Code Section 18203,
which states, “Any person who files or submits for filing a nomination paper or
declaration of candidacy that it or any part of it has been made falsely is
punishable by a fine not exceeding one thousand dollars ($1,000.00) or by
imprisonment in the state prison for 16 months or two or three years or by both
fine and imprisonment”. Additionally, he would be subject to California
Elections Code Section 18500 that states, “Any person who commits fraud and any
person who aids or abets fraud or attempts to aid or abet fraud, in connection
with any vote cast, to be cast, or attempted to be cast, is guilty of a
felony, punishable by imprisonment for 16 months or two or three years”.
Clearly it is imperative to vet Senator Obama's eligibility for
presidency and resolve this issue prior to the certification of the
election results by the electors.
88. Failure
to grant the relief sought, demanding that SOS be ordered to verify the
constitutionally required qualifications of Senator Obama not only allows, but
promotes, an overwhelming degree of disrespect for our Constitution and for our
electoral process, and creates such a lack of confidence of voters in the
primary and electoral process itself, that it would confirm a common belief
that no politician has to obey the laws of this Country, respect our election
process, or follow the United States Constitution.
89. Petitioners
Keyes and Drake will be irreparably harmed by being unable to compete in a fair
and unbiased election. Petitioner
Robinson will be harmed in that he will not be able to perform his duties as an
Elector in voting for the candidate that is eligible to become the President of
the United States under the law. It is
incumbent on SOS to enforce the eligibility requirements.
PRAYER
WHEREFORE, Petitioners respectfully prays:
90. That
the court issue a peremptory writ in the first instance barring Respondent Secretary
of State of California, Ms. Bowen, from both certifying to the Governor the
names of the California Electors, and from transmitting to each presidential
Elector a Certificate of Election, until such documentary proof is produced and
verified showing that Senator Obama is a “natural born” citizen of the United
States and does not hold citizenship of Indonesia, Kenya or Great Britain. In addition, this writ requests that the
court issue a peremptory writ barring Respondent California Electors from
signing the Certificate of Vote until such documentary proof is produced and
verified showing that Senator Obama is a “natural born” citizen of the United
States and does not hold citizenship of Indonesia, Kenya or Great Britain.
91. For
Petitioners’ attorney’s fees.
// //
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92. For
such costs of this proceeding and fees as are applicable by law; and such
further relief as the Court deems just and proper.
Respectfully submitted on November 12, 2008
___SIGNATURE
VIA FAX_______
Gary
G. Kreep, Esq.
Attorney
for Petitioners