Obama NC ballot challenge, GA ruling Judge Michael Malihi, North Carolina Secretary of State and Election Board warned in 2008, Governor Easley conviction

“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 did Obama employ Robert Bauer of Perkins Coie, to request an advisory opinion on FEC matching funds that he was not eligible for?”…Citizen Wells

“Why is Obama now employing private attorneys to keep his name on state ballots, despite compelling evidence that he is not a natural born citizen?…Citizen Wells

It is timely and appropriate to reprint an article from 2008 on NC election law. In 2008 I contacted the NC Secretary of State’s office as well as the Board of elections multiple times. I provided information about the Philip J. Berg lawsuit as well as Obama eligibility concerns. The gentleman from the Board of Elections office was aware of the lawsuit. One of the state officers listed in the article, former Governor Mike Easley, has since been indicted and convicted of other crimes. His successor, Beverly Perdue, an Obama Democrat, was recently cited for receiving government employment reports prematurely. She has just indicated she will not run for office again.

I just perused the NC Election statutes looking for any significant changes and found none. NC still has a reference to replacing an ineligible candidate but no clear protocol for challenges. The state of Georgia is to be commended for provisions allowing ballot challenges in accordance with the US Constitution. We await a ruling from Judge Michael Malihi in GA on such challenges to Obama’s eligibility.

http://citizenwells.wordpress.com/2012/01/26/judge-michael-malihi-ruling-obama-ga-ballot-challenges-january-26-2012-summary-judgement-entered-brian-p-kemp-georgia-secretary-of-state/

Of course, the Democrat National Convention will be held in Charlotte, NC this year. You can bet that the State of NC will prioritize that event over upholding the US Constitution.

Politics as usual.

There are some challenges underway in NC and I will keep you apprised of their progress. More information can be found here:

http://obamaballotchallenge.com/complaint-in-nc-underway

http://obamaballotchallenge.com/election-complaint-filed-in-north-carolina-nc-page-updated-with-law

The State of NC was warned in 2008, ignorance is no excuse.

From Citizen Wells November 17, 2008.

NC State Officers and Election Officials are in Violation of the Law
2008 Presidential Election

Eligibility for presidency

US Constitution
Article II
Section 1

“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; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.”

How President is elected

UNITED STATES ELECTION LAW

“The following provisions of law governing Presidential Elections are contained in Chapter 1 of Title 3, United States Code (62 Stat. 672, as amended):

§ 8.   The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.”

The states are responsible for the primaries, general election and events leading up to 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.”

NC Officials responsible for upholding the US Constitution and Federal and State Election Laws

Governor Mike Easley has overall responsibilities as well as Electoral College certification.

Attorney General Roy Cooper is charged with compliance with all Federal and State laws.

Secretary Elaine Marshall is responsible for the NC Election process.

NC Board of Elections is responsible for the NC Election process.

NC Electoral College Electors are responsible for complying with Federal and State laws.

NC Judges ruling on election matters are bound to uphold the US Constitution and Federal and State laws.

Laws that apply to NC State Officials

US Constitution, Article II, Section 1. Presidential eligibility.

US Constitution, Article II, Section 1. States are responsible for Presidential Elections up to Electoral College vote.

Federal Election Law dictates that Electors must vote in a “manner directed by the Constitution.”

Article VI of the US Constitution states:

“The Senators and Representatives before mentioned, and the Members of the several State Legislators, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by
Oath or Affirmation, to support this Constitution;”

NC Statute § 163-114.  Filling vacancies among party nominees occurring after nomination and before election.

“If any person nominated as a candidate of a political party for one of the offices listed below (either in a primary or convention or by virtue of having no opposition in a primary) dies, resigns, or for any reason becomes ineligible or disqualified before the date of the ensuing general election, the vacancy shall be filled by appointment according to the following instructions:
Position

President 

Vacancy is to be filled by appointment of national executive
committee of political party in which vacancy occurs”

NC Statute § 163‑19.  State Board of Elections; appointment; term of office; vacancies; oath of office.

“At the first meeting held after new appointments are made, the members of the State Board of Elections shall take the following oath:

I, __________, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State, and that I will well and truly execute the duties of the office of member of the State Board of Elections according to the best of my knowledge and ability, according to law, so help me, God.”
NC Statute § 163‑23.  Powers of chairman in execution of Board duties.

“In the performance of the duties enumerated in this Chapter, the chairman of the State Board of Elections shall have power to administer oaths, issue subpoenas, summon witnesses, and compel the production of papers, books, records and other evidence. Upon the written request or requests of two or more members of the State Board of Elections, he shall issue subpoenas for designated witnesses or identified papers, books, records and other evidence. In the absence of the chairman or upon his refusal to act, any two members of the State Board of Elections may issue subpoenas, summon witnesses, and compel the production of papers, books, records and other evidence. In the absence of the chairman or upon his refusal to act, any member of the Board may administer oaths. (1901, c. 89, s. 7; Rev., s. 4302; C.S., s. 5923; 1933, c. 165, s. 1; 1945, c. 982; 1967, c. 775, s. 1; 1973, c. 793, s. 4.)”

The following facts and conclusions are self evident:

• The State of NC, State Officials and Election Officials are responsible for the Presidential Election in NC up to and including the vote by the Electoral College Electors of NC.
• The Electoral College Electors of NC are bound by the US Constitution and Federal and State Election law to vote for an eligible presidential candidate.
• The Governor’s office, the Secretary of State’s office, the NC State Board of Elections and the Electoral College of NC has been notified in public and private of major issues surrounding the eligibility of
  Barack Obama.
• The office of the Secretary of State and Board of Elections was notified multiple times, prior to the general election, of the Philip J Berg lawsuit and facts regarding Barack Obama’s ineligibility. The
  notification was via telephone conversation and emails as well as notification on the internet. The Board of Elections stated they had been aware of these issues for several months.
• There are pending lawsuits in NC courts, other state courts, as well as US Supreme Court, challenging the eligibilty of Barack Obama.
• Barack Obama has refused to supply legal proof of eligibility.
• Pending or dismissed lawsuits have no bearing on the obligation of NC officials to uphold the rule of law.
• Failure of NC officials to uphold the law and their election duties may result in the disenfranchisement of millions of voters.
• The state of NC has complete control of the presidential election process in NC up to and including the Electoral College vote.
• Placing a candidate on the ballot at the direction of a major political party does not relieve NC election officials of their duty to ensure eligibility of candidates.
• The state of NC in NC Statute § 163-114 provides for replacing a candidate that “for any reason becomes ineligible or disqualified”.
• The Tenth Amendment to the US Constitution gives power to the people not reserved for the federal government or the states.
• The laws on the books not only allow, but require that NC officers and Elections Officials demand proof from any presidential candidate of eligibility.

If the officers and Election Officials do not perform their legal obligation to demand proof of eligibility from Barack Obama or any other presidential candidate, they will be subject to one or more of the following:

• Prosecution
• Lawsuit
• Impeachment
• Recall
• Expulsion
• Dismissal

Citizen Wells will be providing this information to the officers and Election officials of NC. If a satisfactory answer is not received soon, petitions will be initiated to remove non compliant officials from office. Judges are not immune.

What is the alternative?