Florida courts corrupt biased incompetent?, Voeltz v Obama eligibility case, Obama not natural born citizen, AL VT Supreme Courts eligibility hearings, Election officials ignore laws duties

“Why has Obama, since taking the White House, used Justice Department Attorneys, at taxpayer expense,  to avoid presenting a legitimate birth certificate and college records?”…Citizen Wells

“Why do state election officials continue to ignore the US Constitution, federal election code and their own state election statutes?”…Citizen Wells

“Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?”… Marbury versus Madison

I have reported on the Obama eligibility hearings in the Alabama and Vermont Supreme Courts. The reason that I have not written about an eligibility hearing in the Florida Supreme Court is because one has not been scheduled there yet.

Why?

Good question.

The answer appears to be some combination of corruption bias and incompetence.

Here are some crucial points of law and fact. More details will be forthcoming.

Let’s start at the beginning.

The states are responsible for the primaries, general election and events through the Electoral College vote.

US Constitution
Article II
Section 1

“Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.”

All state officials take an oath to uphold or defend the US Constitution.

In Florida they take the following oath.

“I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of”

From page 2 of the Florida “2012 Federal Qualifying Handbook”

“PART II: PRESIDENT AND VICE PRESIDENT

Qualifications

1. Must be a natural born citizen of the United States.
2. Must be at least 35 years of age.
3. Must be a resident of the United States for 14 years.”

“Must be” is not a suggestion.

Florida Election statutes

“Title IX

102.168 Contest of election.–
“(1) Except as provided in s. 102.171, the certification of election or nomination of any person to office, or of the result on any question submitted by referendum, may be contested in the circuit court by any unsuccessful candidate for such office or nomination thereto or by any elector qualified to vote in the election related to such candidacy, or by any taxpayer, respectively.

(2) Such contestant shall file a complaint, together with the fees prescribed in chapter 28, with the clerk of the circuit court within 10 days after midnight of the date the last board responsible for certifying the results officially certifies the results of the election being contested.

(3) The complaint shall set forth the grounds on which the contestant intends to establish his or her right to such office or set aside the result of the election on a submitted referendum. The grounds for contesting an election under this section are:”

“(b) Ineligibility of the successful candidate for the nomination or office in dispute.”

AMENDMENT X

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

Many of the Secretaries of State or other election officials claim to have only a “ministerial” duty in the elections.

In the recent Vermont Supreme Court hearing with appellant H. Brooke Paige, state attorney Todd Doloz stated that the VT Secretary of State has only a ministerial duty in the elections.

Ministerial defined.

Merriam Webster.

a : being or having the characteristics of an act or duty prescribed by law as part of the duties of an administrative office
b : relating to or being an act done after ascertaining the existence of a specified state of facts in obedience to a legal order without exercise of personal judgment or discretion.

Legal dictionary.

“Ministerial describes an act or a function that conforms to an instruction or a prescribed procedure. It connotes obedience. A ministerial act or duty is a function performed without the use of judgment by the person performing the act or duty.”

Obedience is the common denominator. To a legal order or conforming “to an instruction or a prescribed procedure.”

The US Constitution makes this clear.

The Secretary of State swears an oath to the Constitution.

Florida law explicitly states the requirements for the eligibility of the president.

The attorney for Vermont, in his obfuscation efforts, raised the spectre of each Secretary of State or chief election official proactively verifying the eligibility of each candidate.

No reasonable person is requesting that.

However, there is a clear distinction between that and knowingly, after being alerted of a candidate’s eligibility deficiency, taking no action, ignoring a clear mandate from the US Constitution and allowing a candidate to remain on the ballot potentially disenfranchising thousands if not millions of voters.

This is what should have taken place in FL and all of the states:

Once alerted or challenged on a potential deficiency in eligibility of a candidate, the Secretary of State or other election official should investigate.

In the case of Obama and his natural born citizen status, if there is confusion about the definition, the state attorney general should be queried and if there is still confusion, a court ruling requested.

Passing the buck is dereliction of duty.

In Florida, the situation is much worse.

Not only did the FL Secretary of State fail in their constitutional duty, subsequent court hearings have been delayed and failed in their judicial duties.

Why has the judicial system failed the citizens in Florida?

More details to come.