SUPREME COURT

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, ) JOINT AFFIDAVIT OF

JASON HAGEN, LOUISE WORKMAN, ) PLAINTIFFS IN

JOCELYN MARCELLI, MIKE ) APPLICATION FOR A

MARCELLI, and KEVIN MCDOWELL, ) WRIT OF MANDAMUS

American Citizens, Washington Residents )

and Registered Voters in the State )

of Washington, )

)

Plaintiffs, )

)

v. )

)

SAMUEL S. REED, Secretary of State )

for the State of Washington, )

)

Defendant. )

____________________________________)

STATE OF WASHINGTON )

) ss.

COUNTIES OF KING/PIERCE )

We, the plaintiffs in this action, on oath and subject to the laws of perjury in the State of Washington, by our signatures below, now make the following affidavit:

We are each citizens of the United States of America.

We are each residents of the State of Washington.

We are each registered voters in the State of Washington.

We make this affidavit pursuant to RCW 7.16.170, and declare that our efforts to declare the ineligibility of the candidate Barack Hussein Obama for the office of President of the United States have been futile to date, and that there is no plain, speedy and adequate remedy in the ordinary course of law to prevent the election of Senator Obama to the Presidency by the electors in the State of Washington other than this Writ of Mandamus sought in our petition.

The electors nominated by the Democrat Party will cast their votes for Barack Hussein Obama to be the next President of the United States on December 10, 2008. The Secretary of State in Washington has been on notice concerning the eligibility of Senator Obama since at least September, 2008, and has taken no steps to determine whether the candidate is eligible to stand for office. See Steven Marquis v. Samuel Reed, King County Cause No. ____ (citation omitted; dismissed with prejudice following the State’s argument that it had no duty and no practice of determining whether a Presidential candidate was eligible).

Original jurisdiction for a writ of mandamus against a state office is set forth in RAP 16.2, and there is no other plain, speedy and adequate remedy other than the review of this court to obtain the remedy sought; namely a writ of mandamus ordering the Secretary of State to set aside all of those votes cast for the ineligible candidate Barack Hussein Obama.

Senator Obama, nominated by the Democrat Party for the office of President of the United States whose name was placed on Washington ballots for the election which ended on November 4, 2008, has not established by any evidence whatsoever that he is in fact an American citizen, or that he was a “natural born” American as required by the United States Constitution.

The candidate was nonetheless “elected” as that term is construed under Washington law, and the Secretary of State is prepared to authorize the electors of the Democrat Party to cast their votes in favor of this candidate, although he is not eligible to run for the office.

Although the candidate had his name on the ballot as Barack Hussein Obama, his legal name is in fact Barry Soetoro, the name he received after he was adopted by his Indonesian step-father Lolo Soetoro. The candidate has never produced any proof that his name was legally changed to Barack Hussein Obama.

The candidate has failed to produce a Certificate of Live Birth. The candidate claims and has published a Certification of Live Birth from the State of Hawaii; however, he has not produced a Certificate of Live Birth. A Certification of Live Birth is available to anyone who wants to register their birth in Hawaii in the event that the child was not born in a hospital or under the care of a physician in Hawaii at the time of birth. Such a certification requires a signed affidavit which makes a statement on oath that the child was in fact born in Hawaii. The candidate has not produced a Certificate of Live Birth, and has not produced the affidavit of live birth in Hawaii that would support the issuance of a Certification.

Here is the candidate’s very recent Certification of Live Birth:

This document is a Certification of Live Birth, not a Certificate of Live Birth. A Certificate of Live Birth must include the signature of the birth mother, the signature of the attending physician or health care worker and an additional witness, who must sign under certification. An example of such a Certificate of Live Birth is set forth below.

The candidate has not produced such a document. The candidate has therefore failed to establish his birth in the United States of America.

The candidate was later adopted by his mother’s second husband, Lolo Soetoro. The divorce papers for Stanley Ann Dunham and Lolo Soetoro have been located and they indicate two children were the subject of the divorce, meaning that the child Barack Hussein Obama, Jr. was in fact adopted by Lolo Soetoro and had his name changed legally to Barry Soetoro. Evidence of this is found in his registration at an Indonesian elementary school that could only be accessed by Indonesian nationals.

The translation of this registration is set forth in operative part as follows:

REGISTRATION or GRADEBOOK

NO. 203.

1. The name of the pupil: Barry Soetoro

2. The place and date of birth: Honolulu 4-8-1961

3. The nation

a. Of Citizenship: Indonesia

b. The foreign descendants:

c. The ethnic group:

4. The religion: Islam

5. Address of the pupil: Nenteng Dalam R001/R003

6. From which school (moved from) and what class: ???

7. a. Date accepted: 1-1-1968 (January 1, 1968)

b. Grade: I (First grade)

8. a. The name of the parents Mr./Ms.: L Soetoro MA (Lolo Soetoro)

b. Occupation/Job: (??? Geography ????)

(name of the mother will only be used if father is deceased)

Etc.

Below is a complete and accurate copy of the enrollment document for the candidate at the Fransiskus Assisi School in Jakarta, Indonesia. On this registration form, that candidate’s name is listed as Barry Soetoro, his nationality as Indonesian, and his religion as Islam. This exhibit was first published on Inside Edition, the actual photograph being taken by Matt Meagher. The photo is therefore admissible pursuant to ER 901(a),(b)(7), and ER 803(8).

/ / /

This documents describes the candidate’s citizenship as Indonesian. Once he became an Indonesian citizen, he was required by the immigration laws in effect at that time to take an oath of allegiance on his 18^th birthday to reaffirm American citizenship, assuming that citizenship was in fact a possibility for the candidate. Pursuant to the Nationality Act of 1940, a person lost his American citizenship if the parent having custody of that person naturalized in another country, such as Indonesia. The candidate has produced no evidence that he ever took an oath of allegiance to the United States of America, and has therefore failed to establish his eligibility to hold the office for which he has been elected.

There are other indicia of his Indonesian citizenship. For instance, in his book Dreams of my Father the candidate describes his visit to Pakistan in 1981, when he did not have an American passport. Pakistan at that time was under Islamic martial law, and yet the candidate was free to travel from the United States to Pakistan and to return without the benefit of an American passport. He necessarily travelled out of the country on the passport of some nation – the question is, which one? The candidate has once again had ample opportunity to produce his American passport to demonstrate that he was an American citizen at the time of this travel, but he has failed to do so. The candidate has once again failed to establish eligibility for the office.

Given the record that the candidate has presented or made available to the Secretary of State of Washington, which is completely void of any evidence of an American birth or any evidence of American citizenship, and without further inquiry, the Secretary of State of Washington is required to assume that Barack Hussein Obama:

1. Did not place his legal name on the ballot in Washington;

2. Did not establish that he is in fact an American citizen;

3. Did not establish that he is a “natural born” American as required by Article II, Section 1 of the United States Constitution.

In short, the State of Washington has elected an illegal immigrant running under a false name to the office of the Presidency.

Barack Hussein Obama is not a necessary party to this lawsuit, as he has already had ample opportunity to establish his American birth, his legal name change, and his “natural birth” but has failed to do prior to his election. The question before the court is whether the candidate was eligible for the office at the time of his election, and if that cannot be established, the Secretary of State, pursuant to RCW 29A.68.120, must set aside all votes cast for this candidate.