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.

Mr. Brian Maday
OK, so far, so good. Surprisingly, I received the following reply (Probably a “Form Letter”):
___________________________________________________________________________
Dear Mr. Maday:

 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.

Sincerely,

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?

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About Wm Brian Maday

I am am patriotic Republican Activist, residing in Hillsborough County, Florida. I am a 'young' retiree, and will be working hard with any and all Conservatives Nationwide to preserve the United States Constitution and Bill of Rights. I invite and encourage any and all comments to this blog; open and honest dialogue will be my thrust. My GOAL is to return America to Conservativism in 2012, and beyond. PLEASE HELP! Thank you. ~ Wm. Brian Maday

Posted on December 1, 2011, in Death of America and tagged . Bookmark the permalink. 6 Comments.

  1. Thanks for this info Brian! Was wondering about this also! Good job Sir !!

  2. Julie Thompson, Naples, FL

    Please note, the basis of removing Obama from the Florida ballot would be to file a complaint with the board of election based on Florida State: 102.168 Contest of election.— Section 3 (b) Ineligibility of the successful candidate for the nomination or office in dispute.

    I will be submitting this complaint today. All interested parties should do the same by mentioning Article II natural born citizen requirement for the office of the president and enter this complaint at:

    http://www.fec.state.fl.us/FECWebFi.nsf/pages/Complaints

    I have, also, sent a letter to the Florida Attoney General, Pam Bondi as well.

    Julie Thompson
    phone: 239-935-5123
    email: julie_a_thompson@hotmail.com

  3. Julie Thompson, Naples, FL

    Here is a copy of the complaint filed with Pam Bondi, Florida Attorney General dated 1/29/2012:

    Dear Pam Bondi, Florida Attorney General:
    In response to a Floridian’s request to disqualify Barrack Obama from the Florida ballot, the Secretary of State’s office issued a reply published on facebook on Dec 1, 2012.
    https://freedombrotherhood.wordpress.com/tag/obama-reelection-florida/
    FULL TEXT OF FACEBOOK POSTING
    Obama – 2012 Re-Election?
    December 1, 2011
    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.
    Mr. Brian Maday
    OK, so far, so good. Surprisingly, I received the following reply (Probably a “Form Letter”):
    ___________________________________________________________________________
    Dear Mr. Maday:
    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.
    Sincerely,
    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.

    This response states that neither the Florida Secretary of State nor the Democratic party are obligated to assure that every presidential candidate is a natural born citizen as required by Article II of the U.S. Constitution.

    But, in fact, this is a case, where federal law trumps state law and should be addressed by your office in federal court.

    Are you suggesting that as Floridians, we cannot turn to the Florida State attorney general to support the U.S. Constitution? If not your office, then who should we turn to?

    We are appalled by “Assistant General Counsel, Florida Department of State, R.A. Gray Building, 500 S. Bronough Street. Tallahassee, FL 32399-0250” response.

    We, State of Florida citizens, demand the U.S. Constitution be upheld above the negligence of florida law to protect our state from foreign national influence on the key role of commander in chief among other duties of the U.S. President.

    If necessary, we are prepared to file an injunction in the U.S. Federal court in Florida and intend to pursue all available legal recourse to prevent anyone other than a natural born citizen to be placed on the Florida election ballot for the presidential election of 2012.

    Please remit a timely response to the demand for the Florida Attorney General to support the U.S. Constitutional requirement for all presidential candidates to be naturally born citizens (Article II) and prevent any other persons from being printed of the Florida presidential ballot in 2012.

    Best Regards,

    Julie A. Thompson
    Cell: 239-265-4344
    Naples, FL

  4. Julie, thanks so very much for your efforts on this. It does, however, SEEM that our only hope is to join in with other states, with a “GEORGIA-LIKE LAWSUIT” (as many other States are now doing) to get satisfaction.

    Seems that Federal law (Constitutional) does take precedence….

  5. Julie Thompson, Naples, FL

    UPDATE FROM THE FLORIDA Department of State, Division of
    Elections at 850-245-6240:

    Florida Statute 102.168 refers to post election challenges to be submitted no later than 10 days following an election contesting the successful candidates eligibility. Based on the current Florida Statutes a CONVICTED MURDERER could be on ANY Florida ballot.

    NOT HELPFUL IN REMOVING OBAMA FROM THE BALLOT.

    HOWEVER !!!….

    We can file for a DECLARATORY JUDGMENT in State Circuit Court under Florida Statues Chapter 86. As an example, This statute is applicable where candidates are supposed to resign prior to running for another office.

    In this case, we would ask the State of Florida to address OBAMA eligibility based on his natural birth citizen status as required by the constitution Article II.

    We CAN GET OBAMA OFF OF THE FLORIDA BALLOT.

    IT IS NOW UP TO EACH OF US TO FILE for these JUDGEMENTS in the State of FLORIDA COURTS.

    GOD BLESS US EACH AND EVERYONE FOR SAVING THE US CONSTITUTION.

    GOD BLESS AMERICA!

    Julie Thompson
    239-265-4344

  6. Thanks, Julie. With what is going on today, I’m starting to wonder if we will even MAKE IT to elect a President…

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