-Article II, Section I, Clause 4 of the United States Constitution

3>\ * FfLED ORLY TAITZ, Esq. (SEN 223433) 26302 La Paz Mission ViejoCa 92691 Telephone: (949) 683-5411 Facsimile: (949) 586-8110 \ . i Superior Court Of California, f Sacramento ' *'; Dennis Jones, Exeeuiiv f OtTicer ?: 11/13/2008 THE LAW OFFICE OF GARY G. KREEP GARY G. KREEP (SEN 066482) ! 932 "D" Street, Suite 2 Ramona, California 92065 Tel: (760) 787-9907 Fax:(760)788-6414 Attorneys for Petitioners Case Number. . 5 C epuly 10 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO Ambassador Dr. Alan Keyes; Dr. Wiley S. Drake, Sr.; and Markham Robinson, 11 12 13 )Case No.: gy '14 15 16 17 18 19 20 21 22 23 24 25 Petitioners,) )PETITION FOR WRIT OF )MANDATE California Secretary of State Debra Bowen; Senator Barack ) Hussein Obama; Senator Joe Biden; California Democratic ) Party Electors: Aleita Huguenin, Lou Paulson, Ian Blue, ) Mark Cibula, Richard Hundrieser, Lawrence DuBois, Mark )Date: Friedman, Mary Hubert, Fred Jackson, LeRoy King, Roberta )Time: Brooks, Audrey Gordon, Michael McNerney, Nancy Parrish, )Dept.: James Farley, John Freidenrich, Jeremy Nishihara, Jaime ) Judge: Alvarado, Vinz Koller, Gregory Olzack, David Sanchez, Larry) Sheingold, Stephen Smith, Mark Macarro, Nathan Brostrom, )Filed: Robert "Bob" Handy, Robert Conaway, Greg Warner, Lane )Trial: Sherman, Ilene Huber, Kenneth Sulzer, Sanford Weiner, Ana ) Delgado Mascarenas, Joe Perez, Gwen Moore, Anthony ) Rendon, Karen Waters, Kelley Willis, Silissa Uriarte-Smith, ) Norma Torres, Alma Marquez, Ray Cordova, Patrick Kahler, ) Aaruni Thakur, Joe Baca, Jr., Juadina Stallings, Betty ) McMillion, William Ayer, Gregory Willenborg, James Yedor, ) Bobby G laser, Mary Keadle, Frank Salazar, Christine Young, ) Sid Voorakkara, and DOES 1 -100, ) .) Respondents.) v. PETITION FOR WRIT OF MANDATE AMBASSADOR DR. ALAN KEYES, a resident of the State of Maryland, and DR. WILEY S. 2 3 4 DRAKE, SR., and MARKHAM ROBINSON, each a resident of the State of California, all Petitioners herein, bring this litigation. PETITIONERS allege: 5 6 7 I INTRODUCTION Parties 1. Ambassador Dr. Alan Keyes, Petitioner herein, is the Presidential candidate of the 8 9 10 American Independent Party, in the 2008 election, on the California State Ballot; 2. Dr. Wiley S. Drake, Sr., Petitioner herein, is a Certified California Elector of the 11 12. American Independent Party and is the Vice Presidential candidate of the American Independent Party, in the 2008 election, on the California State Ballot; 3. Markham Robinson, Petitioner herein, is a Certified California Elector of the American 13 14 15 Independent Party, Vice Chairman of America's Independent Party, and Chairman of the American independent Party; 4. Debra Bowen, Respondent herein, is the Secretary of State of the State of California 16 17 (hereafter referred to as "SOS"); 5. Senator Barack Hussein Obama, Respondent herein, is the Presidential Candidate of the 18 19 20 21 Democratic Party on the California State Ballot; 6. Senator Joe Biden, Respondent herein, is the Vice-Presidential Candidate of the Democratic Party on the California State Ballot; 7. Aleita Huguenin, Respondent herein, is an Elector for the 2008 Presidential and Vice- 22 23 24 25 Presidential Election, in the State of California; 8. Lou Paulson, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, in the State of California; PETITION FOR WRIT OF MANDATE I 9. 2 3 4 Ian Blue, Respondent herein, is a Certified Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 1st Congressional District; i 10. Mark Cibula, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 2nd Congressional District; 11. Richard Hundrieser, Respondent herein, is an Elector for the 2008 Presidential and 5 6 7 8 Vice-Presidential Election, designated by the Democratic Party nominee in the 3rd Congressional District; , 12. Lawrence DuBois, Respondent herein, is an Elector for the 2008 Presidential and Vice- 9 Presidential Election, designated by the Democratic Party nominee in the 4th Congressional District; ' 13. Mark Friedman, Respondent herein, is an Elector for the 2008 Presidential and Vice- 10 11 12 13 14 15 16 17 18 19 20 21 22 23- Presidential Election, designated by the Democratic Party nominee in the 5th Congressional District; 14. Mary Hubert, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 6th Congressional District; 15. Fred Jackson, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 7th Congressional District; i I 16. LeRoy King, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 8th Congressional District; i 17. Roberta Brooks, Respondent herein, is an Elector for the 2008 Presidential and Vicei Presidential Election, designated by the Democratic Party nominee in the 9th Congressional District; 18. Audrey Gordon, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 10th Congressional District; 19. Michael McNerney, Respondent herein, is an Elector for the 2008 Presidential and Vice- 'Presidential Election, designated by the Democratic Party nominee in the 11th Congressional District; 20. i 24 25 Nancy Parrish, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 12th Congressional District; 3 PETITION FOR WRIT OF MANDATE 21. James Farley, Respondent herein, is an Elector for the 2008 Presidential and Vice- 2 3 4 5 6 7 8 9 10 11 12 13 Presidential Election, designated by the Democratic Party nominee in the 13th Congressional District; i 22. John Freidenrich, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 14th Congressional District; 23. Jeremy Nishihara, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 15th Congressional District; 24. Jaime Alvarado, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 16th Congressional District; 25. Vinz Roller, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 17th Congressional District; 26. Gregory Olzack, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 18th Congressional District; 27. i David Sanchez, Respondent herein, is an Elector for the 2008 Presidential and Vice- 14 15 16 17 18 19 20 21 22 23 24 25 Presidential Election, designated by the Democratic Party nominee n the 19th Congressional District; , 28. Larry Sheingold, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 20th Congressional District; * I 29. Stephen Smith, Respondent herein, is an Elector for the 2008 Presidential and Vice- i Presidential Election, designated by the Democratic Party nominee in the 21st Congressional District; 30. Mark Macarro, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 22nd Congressional District; 31. Nathan Brostrom, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 23rd Congressional District; 32. Robert "Bob" Handy, Respondent herein, is an Elector for the 2008 Presidential and Vice-Presidential Election, designated by the Democratic Party nominee in the 24th Congressional District; PETITION FOR WRIT OF MANDATE 1 2 3 4 5 6 7 8 9 I i 33. Robert Conaway, Respondent herein, is an Elector for the 2008 Presidential and Vice i Presidential Election, designated by the Democratic Party nominee in the 25th Congressional District; 34. Greg Warner, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 26th Congressional District; 35. Lane Sherman, Respondent herein, is an Elector for the 2008 Presidential and Vicei Presidential Election, designated by the Democratic Party nominee in the 27th Congressional District; 36. Ilene Huber, Respondent herein, is an Elector for the 2008 Presidential and Vice1 Presidential Election, designated by the Democratic Party nominee in the 28th Congressional District; I 37. Kenneth Sulzer, Respondent herein, is an Elector for the 2008 Presidential and Vice' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Presidential Election, designated by the Democratic Party nominee in the 29th Congressional District; ; 38. Sanford Weiner, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 30th Congressional District; ; 39. Ana Delgado Mascarenas, Respondent herein, is an Elector for the 2008 Presidential and y ice-Presidential Election, designated by the Democratic Party nominee in the 31st Congressional District; I 40. Joe Perez, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 32nd Congressional District; , 41. Gwen Moore, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 33rd Congressional District; 42. Anthony Rendon, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 34th Congressional District; 43. Karen Waters, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 35th Congressional District; 44. Kelley Willis, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 36th Congressional District; PETITION FOR WRIT OF MANDATE 45. Silissa Uriarte-Smith, Respondent herein, is an Elector for the 2008 Presidential and Vice-Presidential Election, designated by the Democratic Party nominee in the 37th Congressional District; 46. Norma Torres, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 38th Congressional District; 47. Alma Marquez, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 39th Congressional District; 48. Ray Cordova, Respondent herein, is an Elector for the 2008 Presidential and Vice- 9 10 11 12 13 14 Presidential Election, designated by the Democratic Party nominee in the 40th Congressional District; 49. Patrick Kahler, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 41st Congressional District; 50. Aaruni Thakur, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 42nd Congressional District; 51. Joe Baca, Jr., Respondent herein, is an Elector for the 2008 Presidential and Vice- 15 16 17 18 19 20 21 22 23 24 25 Presidential Election, designated by the Democratic Party nominee in the 43rd Congressional District; 52. Juadina Stallings, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 44th Congressional District; 53. Betty McMillion, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 45th Congressional District; 54. William Ayer, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 46th Congressional District; 55. Gregory Willenborg, Respondent herein, is an Elector for the 2008 Presidential and Vice Presidential Election, designated by the Democratic Party nominee in the 47th Congressional District; 56. James Yedor, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 48th Congressional District; 6 PETITION FOR WRIT OF MANDATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 57. Bobby Glaser, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 49th Congressional District; 58. Mary Keadle, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 50th Congressional District; 59. Frank Salazar, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 51st Congressional District; 60. Christine Young, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 52nd Congressional District; 61. Sid Voorakkara, Respondent herein, is an Elector for the 2008 Presidential and Vice- Presidential Election, designated by the Democratic Party nominee in the 53rd Congressional District. Legal Basis 62. Article II, Section I of the United States Constitution, states, in pertinent part, as follows: "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;" 63. Senator Barack H. Obama is a candidate for the Office of the President of the United States. However, to assume such office, Senator Obama must meet the qualifications specified for the Office of the President of the United States, which includes that he must be a "natural born" citizen. Senator Obama has failed to demonstrate that he is a "natural born" citizen. There are other legal challenges before various state and federal courts regarding aspects of lost or dual citizenship concerning Senator Obama. Those challenges, in and of themselves, demonstrate Petitioners' argument that reasonable doubt exists as to the eligibility of the Democratic Party's nominee for President. 64. SOS is responsible for ensuring the validity of the State election process by, among other things, verifying the qualifications of the voters, approving the ballots and the candidates, supervising the counting of the ballots, and certifying the results. This certification of the vote by SOS, based upon which Electors received the highest number of votes in the state, is the method provided for in California PETITION FOR WRIT OF MANDATE 1 2 3 4 5 law for ascertaining which Electors are appointed to vote for president (California Elections Code § 15505, 3 U.S.C. § 6). On December 1, or as soon as soon as the election results have been received from all counties in the state, SOS shall certify the names of the ascertained Electors to the Governor, and then transmit to each presidential Elector a certificate of election (California Elections Code § 15505). The Governor then issues and seals a Certificate of Ascertainment which is delivered to the Electors by December 15 (3 U.S.C. § 6), who then meet to sign the Certificate of Vote (Federal Election Code § 192.006). The office of SOS is intended to be non-biased and to provide the critical sense of fairness and impartiality necessary for the people to have faith in the fundamental underpinnings of the democratic basis for our elections. 65. There is a reasonable and common expectation by the voters that to qualify for the ballot, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the individuals running for office must meet minimum qualifications as outlined in the federal and state Constitutions and statutes, and that compliance with those minimum qualifications has been confirmed by the officials overseeing the election process. Heretofore, only a signed statement from the candidate attesting to his or her meeting those qualifications was requested and received by SOS, with no verification demanded. This practice represents a much lower standard than that demanded of one when requesting a California driver's license. Since SOS has, as its core, the mission of certifying and establishing the validity of the election process, this writ seeks a Court Order barring SOS from certifying the California Electors until documentary proof that Senator Obama is a "natural born" citizen of the United States of America is received by her. This proof could include items such as his original birth certificate, showing the name of the hospital and the name and the signature of the doctor, all of his passports with immigration stamps, and verification from the governments where the candidate has resided, verifying that he did not, and does not, hold citizenship of these countries, and any other documents that certify an individual's citizenship and/or qualification for office. 66. In the case of individuals seeking the Office of President of the United States, the United States Constitution provides for a system of Electors, wherein citizens of the respective states have a state 8 PETITION FOR WRIT OF MANDATE 1 2 3 4 5 6 7 controlled election in which Electors representing the interests of the respective candidates for President on the state ballot are elected to represent the interests of the respective state in the Electoral College. Thus, there is no federal ballot controlled by the federal government. There is a California State ballot where voters elect Electors who in turn represent the named candidate for office on the ballot. That is one more reason why SOS has responsibility for the certification of not just the counts of the ballots cast, but, also, the propriety of the contents of the ballot. In case Senator Obama cannot present proper documentation verifying his citizenship, he cannot be elected President of the United States, and SOS has a duty to bar the casting of votes by California Electors in support of his candidacy. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 67. To avert a constitutional crisis which would certainly accrue after the election through laborious legal challenges, this writ seeks to resolve such complaints. It was incumbent on the candidates to present the necessary documentation confirming his citizenship, but, to date, Senator Obama has failed to do so. 68. At this point, Senator Obama has not allowed independent or official access to his vault (original hospital) birth records and supporting hospital records. Senator Obama's citizenship status has been, and is being, challenged in 17 different legal actions in various federal and state courts, which challenges cast doubt on the validity of the electoral process, regardless of outcome, if not resolved prior to the certification of the election by the Electors. SOS is specifically charged with certifying and guaranteeing the validity of official documents and overseeing the elections in California, such that the people's confidence in the fundamental aspect of democracy is maintained. To date, in this regard, SOS has not carried out that fundamental duty. 69. This writ requests a court order barring the SOS from both certifying to the Governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that is a "natural born" citizen of the United States and does not hold citizenship in Indonesia, Kenya or Great Britain. In addition, this writ requests a court order barring the California Electors from signing the Certificate of Vote until such 9 PETITION FOR WRIT OF MANDATE documentary proof is produced and verified showing that Senator Obama is a "natural born" citizen of 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the United States and does not hold citizenship in Indonesia, Kenya or Great Britain. 70. Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void, Petitioners, as well as other Americans, will suffer irreparable harm in that an usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal. 71. 3 United States Code (U.S.C.) Section 8 provides, "The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution." This federal statute confers upon each elector an affirmative duty to discover whether the candidate for President for which the elector is seeking election is a "natural born" citizen. Otherwise, the elector would not know if his vote was being cast in the "manner directed by the Constitution." 72. / Given this constitutionally mandated duty, PETITIONERS have standing to bring this Writ before this Court. 73. A growing number of questions have arisen in litigation in at least 10 states contesting whether Senator John McCain or Senator Barack Obama are "natural born" citizens and, therefore, constitutionally eligible to be entrusted with the Office of President of the United States. In the litigation against Senator Obama, allegations have been made that his admitted dual citizenship in Indonesia, and lack of evidence that he renounced the same, caused a loss of his United States Citizenship as a matter of law. Moreover, evidence released by the Obama campaign purporting to be a "Certification of Live Birth" on its face appears to be of questionable authenticity. One of the many problems with this evidence is that the border design differs from the border designs of other Certifications of Live Birth printed during the same time period. All these questions about both of the candidates are still unresolved. In the course of those lawsuits, some of which have been dismissed, it has been determined that there exists no designated official in the federal government, or the government of the states, directly charged with the responsibility of determining whether any Presidential candidate meets the qualifications of 10 PETITION FOR WRIT OF MANDATE 1 2 3 4 5 6 7 Article II of the Constitution of the United States. In most states, that responsibility is vested with the political parties, all of which have a conflict of interest in making any such determination, and none of which have been forthcoming with information or evidence verifying any candidate's compliance with the eligibility requirements. 74. A press release was issued on October 31, 2008, by the Hawaii Department of Health by its Director, Dr. Chiyome Fukino. Dr. Fukino said that she had "personally seen and verified that the Hawaii State Department of Health has Senator Obama's original birth certificate on record in accordance with state policies and procedures." That statement failed to resolve any of the questions being raised by 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 litigation and press accounts. Being "on record" could mean either that its contents are in the computer database of the department or there is an actual "vault" original. 75. Further, the report does not say whether the birth certificate in the "record" is a Certificate of Live Birth or a Certificate of Hawaiian Birth. In Hawaii, a Certificate of Live Birth resulting from hospital documentation, including a signature of an attending physician, is different from a Certificate of Hawaiian Birth. For births prior to 1972, a Certificate of Hawaiian Birth was the result of the uncorroborated testimony of one witness and was not generated by a hospital. Such a Certificate could be obtained up to one year from the date of the child's birth. For that reason, its value as prima facie evidence is limited and could be overcome if any of the allegations of substantial evidence of birth outside Hawaii can be obtained. The vault (long Version) birth certificate, per Hawaiian Statute 883.176 allows the birth in another State or another country to be registered in Hawaii. Box 7C of the vault Certificate of Live Birth contains a question, whether the birth was in Hawaii or another State or Country. Therefore, the only way to verify the exact location of birth is to review a certified copy or the original vault Certificate of Live Birth and compare the name of the hospital and the name and the signature of the doctor against the birthing records on file at the hospital noted on the Certificate of the Live Birth. 76. An unprecedented and looming constitutional crisis awaits if a President elected by the popular vote and the electoral vote does not constitutionally qualify to serve in that capacity. In addition, 11 PETITION FOR WHIT OF MANDATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 if Senator Obama is not a "natural born" citizen and not eligible for presidency, Senator Obama will be subject to the criminal Provisions of the California Elections Code, stating, "Any person who files or submit for filing a nomination paper or declaration of candidacy knowing that it, or any part of it, has been made falsely is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the state prison for 16 months or two or three years or by both the fine and imprisonment" (California Elections Code § 18203). Further, Senator Obama, SOS, the Governor of the State of California, and all of the California Electors may be subject to the penal provisions of the California Elections Code which states, "Any person who commits fraud and any person who aids or abets fraud or attempts to aid or abet fraud, in connection with any vote cast, to be cast, or attempted to be cast, is guilty of felony, punishable by imprisonment for 16 months or two or three years" (California Elections Code § 18500). 77. The Twentieth Amendment to the United States Constitution provides, "if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or in the manner in which one who is to act shall be elected, and such person shall act accordingly until a President or Vice President shall have qualified." Thus, if Senator Obama cannot take office due to his citizenship, succession to the Presidency is set. n BACKGROUND OF THE CASE 78. The Office of the Secretary of State of California is the California agency responsible for certifying candidates for inclusion on the ballot. Historically, California Secretaries of State have exercised their due diligence by reviewing necessary background documents, verifying that the candidates that were submitted by the respective political parties as eligible for the ballot were indeed eligible. In 1968, the Peace and Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for 12 PETITION FOR WRIT OF MANDATE 1 2 President of the United States. The then SOS, Mr. Frank Jordan, found that, according to Mr. Cleaver's birth certificate, he was only 34 years old, one year shy of the 35 years of age needed to be on the ballot as a candidate for President. Using his administrative powers, Mr. Jordan removed Mr. Cleaver from the ballot. Mr. Cleaver unsuccessfully challenged this decision to the Supreme Court of the State of California, and, later, to the Supreme Court of the United States. Similarly, in 1984, the Peace and Freedom Party listed Mr. Larry Holmes as an eligible candidate in the Presidential primary. When the then SOS checked his eligibility, it was found that Mr. Holmes was similarly not eligible, and Mr. Holmes was removed from the ballot. Currently, we have a similar situation in that the Democratic Party 3 4 5 6 7 9 10 11 12 has submitted the name of Senator Barack Obama as candidate for President. 79. However, there are a number of separate reasons that would make Senator Obama ineligible to serve as President of the United States. On August 21, 2008, Mr. Phillip J. Berg, former Deputy Attorney General of the State of Pennsylvania, filed a legal action against Senator Obama and the Democratic National Committee. With his action, and in the subsequent appeal to the Supreme Court of the United States, Mr. Berg provided documents to the effect that Senator Obama was bom in what is now Kenya (the British East African Protectorate of Zanzibar at the time) and that his paternal grandmother was present at his birth. Senator Obama claims that he was born in Hawaii. According to statements made by his half-sister, Maya Soetoro Ng, he was born in Kapiolani Hospital in Hawaii. According to his biography posted on Wikipedia, Senator Obama was born in Queens Hospital in Hawaii. However, he has never provided the original hospital birth certificate from 1961, with the name of the hospital and the name and the signature of the doctor in attendance. All that Senator Obama has posted on his website is a Registry of Live Birth (short version), obtained in 2007, that does not provide the name of the hospital or the doctor. Clearly, one human being cannot be born in three different places. Hawaii Revised Statute 338-178 allows registration of birth in Hawaii for a child that was born outside of Hawaii to parents who, for a year preceding the child's birth, claimed Hawaii as their place of residence. The only way to know where Senator Obama was actually born is to view Senator Obama's original 13 13 14 15 16 17 18 19 20 21 22 23 24 25 PETITION FOR WRIT OF MANDATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 birth certificate from 1961 that shows the name of the hospital and the name and signature of the doctor that delivered him. From August 21, 2008, for over two months, Senator Obama has refused to provide his original birth certificate, even though, in his book, Dreams of My Father, page 26, he states, "... I found the article folded between my birth certificate and old immunization records..." which shows that * he clearly has his birth certificate, or that he lied in his book. Particularly telling is the fact that not one single person has come forward, not a doctor, not a nurse, not a hospital administrator, nor anyone else, to state that he or she was present during this birth, except for Obama's paternal grandmother, who affirmed that she "was in the delivery room in Kenya when he was born Aug. 4, 1961." Additionally, when Mr. Berg served subpoenas on the hospitals mentioned above, Senator Obama refused to sign a consent form that would allow the hospitals to release any of his information. Instead, Senator Obama has hired three law firms to defend himself, and has challenged the action by Mr. Berg on a technicality, claiming that an ordinary citizen does not have standing to bring the suit. This matter is currently being reviewed by the U.S. Supreme Court. The parties in this case have standing to bring this litigation, due to the fact that Dr. Keyes and Dr. Drake, Sr., are candidates on the California ballot for President and Vice President of the United States, and Mr. Robinson is an Elector for the Keyes-Drake ticket, and Vice Chairman of America's Independent Party, of Fenton, Michigan, which nominated Dr. Keyes for President. He is also a Chairman of the American Independent Party (California), which nominated Dr. Keyes and Dr. Drake for President and Vice President, respectively. Based on the foregoing, it is imperative for SOS to be 19 20 21 22 23 24 25 provided proof that Senator Obama is a "natural born" citizen. 80. If he was born in Hawaii, there are four (4) other obstacles to Senator Obama's eligibility. In and about 1967, Senator Obama moved to Indonesia, took the last name of his stepfather, Soetoro, and went by the name Barry Soetoro. In original legal action filed by Mr. Berg, he presented Senator Obama's school registration, showing him registered as Barry Soetoro, Citizenship-Indonesian, Religion Islam, signed by L. Soetoro. From 1945, Indonesia has not allowed dual citizenship and, therefore, Ms. Dunham-Obama-Soetoro, Senator Obama's mother, had to relinquish her son's U.S. 14 PETITION FOR WRIT OF MANDATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 citizenship in order to obtain Indonesian citizenship for him, which would make him ineligible to become a United States President. Additionally, the United States could not allow dual citizenship with Indonesia at that time, as Indonesia did not allow dual citizenship, and it was prohibited by the Hague Convention of 1930, as interfering with the internal affairs of another sovereign Country. 81. In addition, upon return to the United States in and around 1971-1972, Senator Obama would have been required to go to the then current immigration procedures to regain his U.S. citizenship. There is no record of him ever doing that. Even if he had done so, he would be considered a naturalized citizen and not a "natural born" citizen. 82. Additionally, assuming Senator Obama was born in what is now Kenya, at the time of Senator Obama's birth in 1961, (now) Kenya was the British Protectorate of Zanzibar and Senator Obama was automatically accorded a form of British citizenship under Section 32(1) of the British Nationality Act of 1948, effective date January 28, 1949, based on his father's citizenship. 83. Finally, in 1981, Senator Obama traveled to Pakistan, when there was a ban for U.S. citizens to travel to Pakistan. The only logical possibility for him to do so was by using one of his other passports: Indonesian, Kenyan, or British. 84. Based on all of the above, it is the duty of the SOS to obtain proper documentation of Senator Obama's citizenship to confirm his eligibility for the office of the President of the United States. 85. On October 25, 2008, SOS was contacted, via e-mail, by Orly Taitz, Esq., discussing the issues mentioned above. SOS has acknowledged receipt of said e-mail and sent a response. As of that time, SOS was on notice and had a duty to act. Ms. Taitz had a subsequent conversation with the election analyst of SOS Office, Ms. Philly Crosby. Ms. Taitz requested an administrative hearing on the matter in question. Ms. Crosby stated that she would discuss the matter with Ms. Bowen and SOS' General Counsel, Ms. Pam Giarizzo, and that Ms. Giarizzo would telephone Ms. Taitz to discuss the issue. Ms. Taitz followed this conversation with a second e-mail, confirming all the details of the conversation. As yet, SOS has taken no steps to request the necessary documents from Senator Obama. It appears that Ms. 15 PETITION FOR WRIT OF MANDATE Bowen is intending to certify Senator Obama, and to certify his Electors, and not protect the people of the 2 3 4 5 6 7 State of California by enforcing its laws. As a result of SOS declining to act pursuant to the above described legal obligations, the only remedy is to request relief from the Superior Court of California, and seek injunctive relief available to bar SOS from certifying the California Electoral votes until such documentary proof that Senator Obama's United States citizenship is produced. m EFFECT OR FAILURE TO GRANT INJUNCTIVE RELIEF 86. Failing to officially and publically validate the status of the citizenship claims of Senator 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Obama will cast a pall of doubt on the election process and taint the election results themselves. A proper inquiry into Senator Obama's eligibility will not constitute a hardship on Senator Obama, and it will not deny his voters the right to vote for him, since this very right is dependent on his eligibility for the office as a "natural born" citizen. If Senator Obama is not a "natural born" citizen, and, therefore, not eligible to serve as President, no hardship on him or any other Respondent can be shown. On the contrary, lack of the relief that is prayed for will constitute an insurmountable hardship on the voters of the State of California. 87. Failure to grant the relief sought would allow a potentially corrupted, fraudulent, nomination and election process to continue. If indeed, Senator Obama knew that he is not eligible for the presidency, he would be subject to California Election Code Section 18203, which states, "Any person who files or submits for filing a nomination paper or declaration of candidacy that it or any part of it has been made falsely is punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the state prison for 16 months or two or three years or by both fine and imprisonment". Additionally, he would be subject to California Elections Code Section 18500 that states, "Any person who commits fraud and any person who aids or abets fraud or attempts to aid or abet fraud, in connection with any vote cast, to be cast, or attempted to be cast, is guilty of a felony, punishable by imprisonment for 16 months or two or three years". Clearly it is imperative to vet Senator Obama's eligibility for 16 PETITION FOR WRIT OF MANDATE 1 2 3 4 5 presidency and resolve this issue prior to the certification of the election results by the electors. 88. Failure to grant the relief sought, demanding that SOS be ordered to verify the constitutionally required qualifications of Senator Obama not only allows, but promotes, an overwhelming degree of disrespect for our Constitution and for our electoral process, and creates such a lack of confidence of voters in the primary and electoral process itself, that it would confirm a common belief that no politician has to obey the laws of this Country, respect our election process, or follow the United States Constitution. 89. Petitioners Keyes and Drake will be irreparably harmed by being unable to compete in a 6 7 8 9 10 11 12 fair and unbiased election. Petitioner Robinson will be harmed in that he will not be able to perform his duties as an Elector in voting for the candidate that is eligible to become the President of the United State; under the law. It is incumbent on SOS to enforce the eligibility requirements. PRAYER WHEREFORE, Petitioners respectfully prays: 90. That the court issue a peremptory writ in the first instance barring Respondent Secretary 13 14 15 16 17 18 19 20 21 22 23 24 25 of State of California, Ms. Bowen, from both certifying to the Governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that Senator Obama is a "natural born" citizen of the United States and does not hold citizenship of Indonesia, Kenya or Great Britain. In addition, this writ requests that the court issue a peremptory writ barring Respondent California Electors from signing the Certificate of Vote until such documentary proof is produced and verified showing that Senator Obama is a "natural born" citizen of the United States and does not hold citizenship of Indonesia, Kenya or Great Britain. 91. For Petitioners' attorney's fees. 17 PETITION FOR WRIT OF MANDATE 92. For such costs of this proceeding and fees as are applicable by law; and such further relief as the Court deems just and proper. 3 4 5 6 7 8 9 Respectfully submitted on November 12, 2008 SIGNATURE VIA FAX Gary G. Kreep, Esq. Attorney for Petitioners 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 PETITION FOR WRIT OF MANDATE i 1/12/-2008 WED 1 6 : 2 9 FAX 121001/008 FROM ( W E D ) N O V 12 2008 12:39/ST. 12:38/No. 6 8 3 9 4 5 6 7 9 2 P 2 92. 2 3 4 5 6 7 8 9 For such costs of this proceeding and fees as are applicable by law; and such farther relie as the Court deems just and proper, speclfujjv/submitted on November 12,2008 Gary G, Kre/p, Esq. Attorney fo¥ Petition^ 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IS UL'TITIMW Cf>O

?It?s Certifiable: The last word on President Obama?s place of birth.?

Posted on Constitutionally Correct on July 30, 2009
James Taranto writes at the Wall Street Journal: "In fact, although some people born outside the U.S. are natural-born citizens (including John McCain, born in Panama, where his father was stationed as a naval officer), the timing and circumstances of Obama?s birth make the place a necessary condition for natural-born citizenship...

Certifigate: How Did HI Determine that Mr. Obama is ?Natural Born??

Posted on The Right Side of Life on September 23, 2009
Longtime readers will remember when I reported on how Hawaii Department of Health Director Dr. Chiyome Fukino made the claim that Mr. Obama is a natural born citizen. As the link to the post shows, ...

Was the Obama Born? If So, Where?

Posted on Set in Style on October 27, 2008
Those are the sorts of questions raised in a suit filed by Philip J. Berg, an attorney and host of Obama Crimes. Barack Obama claims he was born in Hawaii, but Berg says that ain’t so — he was born in Kenya, so he’s not a natural born citizen and he can’t become president...

McCain, Natural Born Citizens, and Originalism

Posted on Legal Theory Blog on February 29, 2008
Introduction There has been some discussion in the blogosphere recently of the constitutional requirement that the United States President be a "natural born citizen." Here is the relevant passage from Article II: No Person except a natural born Citizen, or...

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From a reader

Posted on A Natural Born Citizen...Orly on January 10, 2009
Anonymous has commented on http://drorly.blogspot.com/2009/01/more-info-on-535-40-8522.html The message left:\rOrly has NOT overstepped ANY boundaries. It is Obama who has overstepped boundaries by taking the office of POTUS when he knows he is ineligible and in violation of our Constitution...

Some are planning to protest on Monday

Posted on A Natural Born Citizen...Orly on December 13, 2008
Some groups are planning to protest on Monday at the State capitols. Some are planning to bring signs: "Obama is not eligible for Presidency" "Natural born Citizen-is one that was born in US to 2 parents, that are US citizens" "Obama's father was a foreigner- he doesn't qualify as a natural born Citizen"

Editors: Born in the U.S.A.

Posted on Bench Memos - National Review Online on July 28, 2009
Obama often seems alien, but he is a natural-born citizen of the United States.

Essence of Military Action

Posted on A Natural Born Citizen...Orly on December 13, 2008
Essence of the Military actionMr. Turnerthe case will have just one count. Natural born citizen, is one that was born in this country to two US citizens. His father was not a US citizen, and therefor he is illegitimate for presidency. Additionally there is no corroborative evidence of him being born in HI, since HI statue 338-176, 338-178 allow Hawaiian residence to register in Hi their children born abroad and the HI birth certification can be issued based on a statement of one relative only...

Ideas for demonstration slogans from Mr. Markham Robinson

Posted on A Natural Born Citizen...Orly on December 14, 2008
To All, We need short, pointed, true slogans for signs. Please give us your suggestions. My proposals. Ø Constitution Not Just a Technicality! Ø President Natural Born for Good Reason! Ø Obama Kenyan, Omani, Indonesian or Brit? Ø Show Us Full Original Certificate!How Hard Can It Be? Ø Obama, What Are You Hiding?!Show Us Your Birth Certificate! Ø Electors Vote Obey Your Oath,Only Natural Born Presidents Markham

Clinton, Obama Agree: McCain?s a ?Natural Born Citizen?

Posted on Law Blog - WSJ.com on April 11, 2008
Well here’s something that John McCain, Barack Obama and Hillary Clinton apparently all agree on. John McCain is, in fact, eligible to serve as president. On Thursday, Senators Patrick Leahy (D-Vt.) and Claire McCaskill (D-Mo.) introduced a non-binding resolution expressing that McCain qualifies as a “natural born Citizen,” as specified in the Constitution and is [...

Native Born vs. Natural Born, by a reader Robert Stevens

Posted on A Natural Born Citizen...Orly on December 30, 2008
Disclaimer: I am not a lawyer nor do I play one on television. This is just my view of one aspect of this controversy. Robert StevensI have noticed in these discussions and debates on the Obama eligibility controversy, that there is a huge amount of confusion about the different terms and their definitions; that is, "natural born US citizen" is not the same as a "US citizen" which is not the same as a "naturalized US citizen" which is not the same as a "US citizen immediately at birth" which is not the same as a "US national" which is not the same as a "native born US citizen" which is not the same as a "US person", etc...

McCain's constitutional qualifications

Posted on Of Arms and the Law on February 28, 2008
Now that it's turned to running down McCain, the NY Times has an article questioning whether he meets the constitutional requirement of being a "natural born" citizen. He was born in the Panama Canal Zone, of citizen parents. Apparently there was a statute passed by the First Congress that included persons such as he among "natural born...

?Natural-Born? Killer? Mulling a Constitutional Amendment

Posted on Law Blog - WSJ.com on July 30, 2009
Has the "natural born Citizen" requirement for president outlived its usefulness? Should it be repealed? A law professor at Temple, writing in the Philadelphia Inquirer, says yes.

McCain's constitutional qualifications

Posted on Of Arms and the Law on February 28, 2008
Now that it's turned to running down McCain, the NY Times has an article questioning whether he meets the constitutional requirement of being a "natural born" citizen. He was born in the Panama Canal Zone, of citizen parents. Apparently there was a statute passed by the First Congress that included persons such as he among "natural born...

OPEN LETTER TO ALL U.S. SENATORS

Posted on A Natural Born Citizen...Orly on December 28, 2008
OPEN LETTER TO SENATORS: OBAMA MUST STEP DOWN ON JANUARY 8, 2009 When the Senate meets on January 8, 2009 to talk about the results of the Electoral College vote, Mr. Obama must step down, as he does NOT meet the criteria for being POTUS, via the Constitution and Court cases throughout the years that say only a natural born citizen can be POTUS...

McCain?s Constitutional Dilemma: Native Son But Not Natural Born?

Posted on Res ipsa loquitur on February 29, 2008
John McCain?s possible election could trigger review under an obscure part of the Constitution: the birth eligibility provision of Article II. The requirement that an American be ?natural-born? has long been controversial, but few associated John McCain with the problem as opposed to other leaders like Arnold Schwarzenegger...

Birthright Citizenship-NYT and John McCain

Posted on US Immigration Matters on February 29, 2008
The NY Times seems determined to place a Democratic President in 08 is desperately trying to discredit the Republican front runner Sen. John McCain. Right on the heels of their accusation that Sen. McCain had an improper relationship with a female lobbyist 8 years ago, comes a new assertion that Sen McCain was born in the Panama Canal Zone and therefore may not be a "natural born Citizen" of the US...

McCain Ruled (Probably) Natural-Born U.S. Citizen

Posted on Lowering the Bar on September 19, 2008
Another issue I was writing about last month was the continuing uncertainty over what it takes to be a "natural-born citizen," which is a constitutional limitation on who can serve as President. Both campaigns have now survived at least one...

McCain Ruled (Probably) Natural-Born U.S. Citizen

Posted on Lowering the Bar on September 19, 2008
Another issue I was writing about last month was the continuing uncertainty over what it takes to be a "natural-born citizen," which is a constitutional limitation on who can serve as President. Both campaigns have now survived at least one...

Natural-Born Citizenship: McCain?s Eligibility to be President is an Issue Again

Posted on Law Librarian Blog on July 12, 2008
According to Jack Chin (Arizona) a largely overlooked 1937 statute calls John McCain?s eligibility to be president into question (again) because he is not a natural-born citizen. The law conferred citizenship on children of American parents born in the Canal...