Obama not eligible, NC lawsuit, Donald Sullivan, Lt Col, Elaine Marshall, NC Secretary of State, North Carolina Board of Elections, NC Electoral College, November 7, 2008, Class Action Lawsuit, Support and defend Constitution, Citizen Wells update from Lt Col Sullivan, November 16, 2008

I spoke to Lt. Col. Donald Sullivan Friday night, November 14, 2008. Mr. Sullivan confirmed that his lawsuit
challenging Barack Obama’s eligibility to be president was filed on November 7, 2008 and is awaiting being
put on the Superior Court calendar in Pender County NC. We discussed upholding the US Constitution and our reasons for being committed to ensuring that the Constitution be followed and upheld, I explained what
this blog has been involved in and offered my services.

Before the general election, Citizen Wells sent notification to all 50 states of the Philip J Berg lawsuit
and Barack Obama’s failure to provide legal proof of his eligibility to be president. I contacted the
NC Board of Elections and Secretary of State’s office on multiple occasions via telephone and email. The
Board of Elections response was that they had been aware of the Berg lawsuit for several months and they tried to compare it to a lawsuit filed earlier against John McCain. The response I received had an air of political bias.

I will cooperate with Lt. Col. Donald Sullivan as required. Independently, I am going to reestablish contact
with the NC Secretary of State’s office and remind them of their constitutional duty, go over NC election
law and relate lawsuits in California as well as 2 still before the US Supreme Court. I will also be
presenting a new article that I believe will provide some new insights into the responsibilities of
federal and state judges as well as state officials.

Here are some exerpts from the lawsuit filed on November 7, 2008, by Lt Col. Donald Sullivan against Elaine Marshall, the NC Secretary of State, and the NC Board of Elections:
“1.2 Defendant, North Carolina Board of Elections, is an appointed agency of the State of North Carolina General Assembly, with oversight authority in matters pertaining to State elections and election irregularities including, but not limited to, candidate/electee eligibility, with offices at 506 Harrington Street, Raleigh, NC, 27611, and with a mailing address of PO Box 27255, Raleigh, NC, 27611-7255. Upon information and belief, the Process Agent for said entity is Director Gary O. Bartlett of the same address.

1.2. Defendant, Elaine F. Marshall, a/k/a Elaine Marshall is an adult individual with an office address of Old Revenue Building, 2 S. Salisbury Street, PO Box 29622, Raleigh, NC, 27626-062, and the elected North Carolina State Secretary of State. Upon information and belief, the Process Agent for said individual and entity is Ann Wall at PO Box 29622, Raleigh, NC, 27626.”




I, Lt. Col. Donald Sullivan, Plaintiff, hereby offer this memorandum in support of my motion for injunctive relief and to demand performance of constitutional duties related to the offices of the North Carolina Board of Elections and the North Carolina State Secretary of State, Elaine F. Marshall, a/k/a Elaine Marshall, [hereinafter Defendants”]. Upon information and belief, all my allegations and aversions herein are true and verifiable.


My complaint challenges Mr. Barack Hussein Obama’s, eligibility to run for, or hold, the Office of President of the United States and demands that the Offices of the Board of Elections and the Secretary of State make such determination by acquisition of original documentation or by receipt of verifiable information from other government entities so charged with overseeing the election process, such as the Federal Elections Commission.


I argue that when a challenge is received by the North Carolina State Board of Elections to the qualification for office of an individual appearing on the North Carolina State Ballot, that the entire burden of proof falls on the candidate for Office to present such information and documentation to the North Carolina State Board of Elections as would be normal and customary to establish one’s minimum qualifications for office.


I further argue that the Office of the Board of Elections has the Constitutional and Statutory authority to make such determinations as part of certifying and executing fair and open elections.


I further argue that it is sufficient to show only reasonable cause for complaint to the Board of Elections for that Board to require documentation of the respective individual relevant to determination of minimum qualification; that, lacking explicit statute defining the requisite documentation, the Board of Elections has the intrinsic authority to set those reasonable standards that would establish certain confidence in the people in the electoral process.


Plaintiff seeks focused and expedited review, to protect the veracity of the electoral process, maintain the people’s confidence in the government and to support defend the Constitutions of North Carolina and of the United States of America.”

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