Obama – 2012 Re-Election?
Today, I sent the following email to the State of Florida Secretary of State:
Barack Hussein Obama is not a natural born citizen of the United States of America.
As a defender of the US Constitution by virtue of being born a natural born American Citizen, I demand that the name of Barack Hussein Obama be removed from the official Florida primary and general election ballots for 2012. Mr Obama is not a natural born citizen of this country as defined by the US Constitution because his father, Barack Hussein Obama Sr. was not a citizen of the United States of America.
I have been asked to respond to email about your demand to have the President Obama’s name not appear on Florida’s presidential ballot. His name will not appear on the Presidential Preference Primary ballot because he has no opposition as the Democratic Party nominee. The following may help you understand the role of the Secretary of State and the process in Florida for how a person obtains ballot position as presidential candidate for the November general election as a candidate from one of the major political parties.
The statutorily established procedure for a presidential candidate representing a political party to obtain ballot position in Florida is for the candidate’s political party to deliver a certificate to the Governor before September 1st of each presidential election year listing the candidate’s presidential electors. Once the Governor receives the list, he provides it to the Secretary of State who places the names of the candidate on the ballot (see section 103.021, Florida Statutes). Currently, no requirement in Florida law exists for a political party to certify that its presidential nominee is qualified to hold the office.
The Florida Secretary of State performs only a ministerial function as a filing officer for candidates. This means that the Secretary has no authority or duty to look beyond the filing documents to determine if a candidate is eligible. The Florida Supreme Court has stated: “The law does not give the secretary of state any power or authority to inquire into or pass upon the eligibility of a candidate to hold office for the nomination for which he is running.” Davis v. Crawford, 116 So. 41, 42 (Fla. 1928). If a person, or the party in the case of a major political party nominating someone as a Presidential candidate, files the statutorily required paperwork which papers are complete on their face, the Secretary must qualify the candidate and place the candidate on the ballot. The Secretary of State has no authority to place any demands upon a candidate once the candidate (or political party in the case of a presidential candidate) files the necessary qualifying papers with the Division of Elections. Again, nothing in Florida law requires the candidate or party to state that the candidate meets the qualifications for the office of President of the United States.
Therefore, unless legislation is enacted to change the above procedures, the citizenship and other constitutional requirements for a presidential candidate are matters that would have to be addressed by the court system upon a proper party challenging the candidate’s qualifications. If changes are to occur, the members of Congress or the Florida Legislature must act as they are the ones with the ability to alter the qualifying procedures for presidential candidates in keeping with the constitutional requirements for the office.
I hope the above explanation helps you better understand the presidential qualifying process and the role of the Florida Secretary of State in that process.
Assistant General Counsel
Florida Department of State
R.A. Gray Building, 500 S. Bronough Street
Tallahassee, FL 32399-0250
Note: This response is provided for reference only and does not constitute a formal legal opinion or representation from the Department of State or the Division of Elections. As applied to a particular set of facts or circumstances, interested parties should refer to the Florida Statutes and applicable case law, and/or consult an attorney to represent their interests before drawing any legal conclusions or relying upon the information provided.
Florida has a very broad public records law. Written communications to or from state officials regarding state business constitute public records and are available to the public and media upon request unless the information is subject to a specific statutory exemption. Therefore, this email and any that you sent that generated this response may be subject to public disclosure.
So… It appears to the naked eye that our President will, indeed be the (ONLY?) Democratic candidate for America’s 2012 Election. Just thought I would clarify this issue, as I have heard it rumored that the Democrats COULD POSSIBLY run a different candidate. I believe this should put this issue to rest, at least in the State of Florida. Is this true for YOUR state?