by Bob Unruh
A state Superior Court in Georgia is being asked to review and overturn Secretary of State Brian Kemp’s decision, based on a recommendation from an administrative law judge, that Barack Obama’s name be on the state’s 2012 primary ballot.
The appeal to the higher court says the recommendation from the administrative law judge, Michael Malihi, was faulty and that he allegedly to this date has refused to follow the state’s requirements regarding the case.
The appeal has been filed with the Superior Court of Georgia for the
County of Fulton by Van Irion, one of several attorneys who presented
evidence at a hearing held by Malihi in January.
The plaintiffs argued several points before Malihi, including Obama’s alleged failure to qualify as a “natural born citizen” as required by the U.S. Constitution for presidents. Obama has admitted in his writings his father never was a U.S. citizen, and attorneys argued that the understanding of the Founders, and a subsequent Supreme Court ruling, defines natural-born citizen as the offspring of two citizens of the country at the time of the birth.
Citizens raising concerns include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by Orly Taitz; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. Cody Judy is raising a challenge because he also wants to be on the ballot.
Malihi’s decision came without any evidence being presented by Obama or his lawyer after they refused to participate in the required hearing under a state law that mandates all candidates qualify for the office they seek.
The law also allows any voter to raise a challenge, and several did. A hearing was held on their evidence Jan. 26.
Malihi essentially tossed all of the information the plaintiffs and their attorneys presented.
“The court finds the testimony of the witnesses, as well as the exhibits tendered, to be of little, if any, probative value, and thus wholly insufficient to support plaintiffs’ allegations,” he said.
The complaints were raised under a state law that allows voters to challenge the eligibility of candidates on the state’s ballot. It is the states that run elections in the U.S., and national elections are just a compilation of the results of the 50 state elections.
The state law requires “every candidate for federal” office who is certified by the state executive committees of a political party or who files a notice of candidacy “shall meet the constitutional and statutory qualifications for holding the office being sought.”
State law also grants the secretary of state and any “elector who is eligible to vote for a candidate” in the state the authority to raise a challenge to a candidate’s qualifications, the judge determined.
Irion told WND today that he’s asked Malihi why he declined to follow the Georgia Administrative Rules of Procedure 616-1-2-.39, which state, “Upon application by a party, the administrative law judge shall certify the facts to the superior court … for a determination of the appropriate action, including a finding of contempt.”
The attorney had sought that determination, but Malihi apparently ignored the request and the requirements.
He told WND that Malihi never had the authority to decide the contempt issue, but the court rules require him to certify facts to the Superior Court.
“We made our application for him to do that several days before his ruling … Malihi should have certified the facts alleged to the other court immediately. … Yet he sat on our request for days, then continued to sit on it after his ruling. When we inquired, the silence was deafening. We didn’t hear back at all. This is from a court that had previously responded to e-mails within hours, or even minutes, on every other occasion. Four days later we e-mailed again.”
Read More: http://www.wnd.com/2012/02/superior-court-asked-to-boot-obama-from-ballot/
A state Superior Court in Georgia is being asked to review and overturn Secretary of State Brian Kemp’s decision, based on a recommendation from an administrative law judge, that Barack Obama’s name be on the state’s 2012 primary ballot.
The appeal to the higher court says the recommendation from the administrative law judge, Michael Malihi, was faulty and that he allegedly to this date has refused to follow the state’s requirements regarding the case.
The plaintiffs argued several points before Malihi, including Obama’s alleged failure to qualify as a “natural born citizen” as required by the U.S. Constitution for presidents. Obama has admitted in his writings his father never was a U.S. citizen, and attorneys argued that the understanding of the Founders, and a subsequent Supreme Court ruling, defines natural-born citizen as the offspring of two citizens of the country at the time of the birth.
Citizens raising concerns include David Farrar, Leah Lax, Thomas Malaren and Laurie Roth, represented by Orly Taitz; David Weldon represented by attorney Van R. Irion of Liberty Legal Foundation; and Carl Swensson and Kevin Richard Powell, represented by J. Mark Hatfield. Cody Judy is raising a challenge because he also wants to be on the ballot.
Malihi’s decision came without any evidence being presented by Obama or his lawyer after they refused to participate in the required hearing under a state law that mandates all candidates qualify for the office they seek.
The law also allows any voter to raise a challenge, and several did. A hearing was held on their evidence Jan. 26.
Malihi essentially tossed all of the information the plaintiffs and their attorneys presented.
“The court finds the testimony of the witnesses, as well as the exhibits tendered, to be of little, if any, probative value, and thus wholly insufficient to support plaintiffs’ allegations,” he said.
The complaints were raised under a state law that allows voters to challenge the eligibility of candidates on the state’s ballot. It is the states that run elections in the U.S., and national elections are just a compilation of the results of the 50 state elections.
The state law requires “every candidate for federal” office who is certified by the state executive committees of a political party or who files a notice of candidacy “shall meet the constitutional and statutory qualifications for holding the office being sought.”
State law also grants the secretary of state and any “elector who is eligible to vote for a candidate” in the state the authority to raise a challenge to a candidate’s qualifications, the judge determined.
Irion told WND today that he’s asked Malihi why he declined to follow the Georgia Administrative Rules of Procedure 616-1-2-.39, which state, “Upon application by a party, the administrative law judge shall certify the facts to the superior court … for a determination of the appropriate action, including a finding of contempt.”
The attorney had sought that determination, but Malihi apparently ignored the request and the requirements.
He told WND that Malihi never had the authority to decide the contempt issue, but the court rules require him to certify facts to the Superior Court.
“We made our application for him to do that several days before his ruling … Malihi should have certified the facts alleged to the other court immediately. … Yet he sat on our request for days, then continued to sit on it after his ruling. When we inquired, the silence was deafening. We didn’t hear back at all. This is from a court that had previously responded to e-mails within hours, or even minutes, on every other occasion. Four days later we e-mailed again.”
Read More: http://www.wnd.com/2012/02/superior-court-asked-to-boot-obama-from-ballot/
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