New Jersey Ballot Challenge News
July 2nd, 2012
Purpura and Moran File Petition for Certification With the NJ Supreme Court in Obama NJ Ballot Challenge
Mario Apuzzo, Esq.
Today, I filed on behalf of my clients, Nicholas E. Purpura and Theodore T. Moran, a Petition for Certification with the New Jersey Supreme Court. The petition may be read here:
https://www.scribd.com/doc/98923880/Purpura-Moran-Petition-for-Certification-FILED-7-2-12 .
In the petition, we argue that the Administrative Law Judge, whose opinion was adopted by the Secretary of State and affirmed by the Appellate Division, erred in allowing candidate Barack Obama to be placed on the ballot for the primary and general election and to run for office in New Jersey without provided any evidence to the New Jersey Secretary of State showing his identity or where he was born, when challenged to do so.
We argue that, in light of Obama conceding that the State of New Jersey has no evidence of his identity or place of birth, including the 2011 internet image of his alleged birth certificate, the ALJ had absolutely no evidence before him upon which to base his finding that Obama was born in Hawaii.
We also argue that the ALJ misapplied Article II, Section 1, Clause 5, the Fourteenth Amendment, Minor v. Happersett, 88 U.S. 162 (1875), and United States v. Wong Kim Ark, 169 U.S. 649 (1898), all which he used to find that Obama is a “natural born Citizen.” Article II, Section 1, Clause 5 provides that if one was born before the adoption of the Constitution, one could be a “Citizen of the United States” and be eligible to be President. But it also provides that for all those born after the adoption of the Constitution, one must be a “natural born Citizen” to be eligible to be President. That means that today, anybody who is just a “citizen of the United States” and not a “natural born Citizen” is not eligible to be President.
The Founders and Framers had good reason for including the “natural born Citizen” clause into the Constitution and requiring that future Presidents have that birth status. St. George Tucker tells us why the Founders and Framers used the “natural born Citizen” clause as a requirement of presidential eligibility:
“That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted,) is a happy means of security against foreign influence, which, wherever it is capable of being exerted, is to be dreaded more than the plague. The admission of foreigners into our councils, consequently, cannot be too much guarded against; their total exclusion from a station to which foreign nations have been accustomed to, attach ideas of sovereign power, sacredness of character, and hereditary right, is a measure of the most consummate policy and wisdom.”
George Tucker, Blackstone's Commentaries: with Notes of Reference to the Constitution and Laws of the Federal Government of the United States and of The Commonwealth of Virginia (1803) (Philadelphia: published by William Young Birch and Abraham Small; Robert Carter, Printer, 1803), https://constitution.org/tb/tb2.htm . So we can see that the Founders and Framers used the “natural born Citizen” clause as a national security measure designed to make sure that the President worked only in the best interest of the United States and its republican principles and of no other nation. It was also put in place to keep all vestiges of monarchial rule and influence out of the United States.
The Fourteenth Amendment by its clear text gives the status of a “citizen of the United States” to those born or naturalized in the United States and “subject to the jurisdiction thereof.” It does not give anyone the status of a “natural born Citizen.” When the Founders and Framers inserted the “natural born Citizen” clause in the Constitution, there was no Fourteenth Amendment. Hence, they surely did not write the clause into the Constitution having in mind any citizenship standard that is contained in the Fourteenth Amendment. And there does not exist any evidence that the Fourteenth Amendment repealed or amended the Founders’ and Framers’ definition of an Article II “natural born Citizen.” Hence, Article II, Section 1, Clause 5 and the Fourteenth Amendment stand as two separate and distinct constitutional provisions which provide two different constitutional citizenship standards.
Again, Minor v. Happersett confirmed the American “common-law” definition of a “natural-born citizen,” which Minor said the Founders and Framers were familiar with and used when they wrote the “natural born Citizen” clause. That definition is a child “born in a country of parents who were its citizens.” Id. at 167-68. Minor left open the question of whether a child born “within the jurisdiction” of the United States to alien parents is a “citizen of the United States” under the Fourteenth Amendment. As we have seen, this is a different standard as that which applies to defining a “natural born Citizen.”
Wong Kim Ark answered the single question left open by Minor. It held that Wong, born in the United States to domiciled and resident alien parents who were neither diplomats nor military invaders was born “subject to the jurisdiction” of the United States and therefore a “citizen of the United States” from the moment of birth. The Court’s single task was to interpret and apply the Fourteenth Amendment, not Article II, Section 1, Clause 5. The Court found that Wong’s parents being domiciled and residents (not “citizens”) was enough to give jurisdiction to the United States over them and Wong when Wong was born. Again, since the Fourteenth Amendment neither repealed nor amended Article II, Section 1, Clause 5 “natural born Citizen” clause, Wong defined a “citizen of the United States” under the Fourteenth Amendment, not a “natural born Citizen” under Article II. In fact, Wong’s specific holding uses the phrase “citizen of the United States,” not “natural born Citizen.” Hence, using that amendment to find someone a “citizen of the United States,” regardless of whether that person is a “citizen” from the moment of birth, has no direct bearing on the definition of an Article II “natural born Citizen.” After all, Article II says “natural born Citizen,” not “born Citizen,” and is applied for presidential eligibility. What the Fourteenth Amendment can do with reference to a “natural born Citizen” is increase the pool of parents who become “citizens of the United States” and give birth to “natural born Citizens.”
The clause “natural born Citizen” is a word of art, an idiom, a unitary clause, which has a very special meaning as confirmed by Minor. It is constitutional error to conflate and confound a “citizen of the United States” under the Fourteenth Amendment with a “natural born Citizen” under Article II. A “natural born Citizen,” being the standard for the President and the Commander in Chief of the Military, requires allegiance and citizenship only to the United States from the moment of birth. A Fourteenth Amendment “citizen of the United States” from birth does not have the same allegiance requirement and can even be born with dual and conflicting allegiances, a condition which the Founders and Framers did not permit future Presidents and Commanders to have when born. They were very specific as is evident from the plain text of Article II, Section 1, Clause 5, that after the adoption of the Constitution, one had to be a “natural born Citizen,” and not just a “Citizen of the United States.”
There is no other U.S. Supreme Court case that has changed the meaning of a “natural born Citizen” as confirmed by Minor. That definition, which is the definition from the Founding, it therefore the supreme law of the land and stands today until amended by Constitutional amendment. And that definition is a child “born in a country of parents who were its citizens.”
We know that candidate Barack Obama was not born to “citizen” parents. His father was a British/Kenyan citizen who never became a “citizen of the United States.” Obama, even if born in Hawaii, cannot be a “natural born Citizen.” Because his father was not a U.S. citizen when Obama was born, Obama, who wants to be President and Commander in Chief of the Military, while he could have been born a “citizen of the United States” if born in Hawaii, was also born in full allegiance and citizenship of Great Britain and at age two also of Kenya. He was not born within the full and complete allegiance of the United States, an indispensable birth condition for one wanting to be President and Commander of the Military. Not being a “natural born Citizen,” he is not eligible to be elected President. See David Ramsay, A Dissertation on the Manners of Acquiring the Character and Privileges of a Citizen (1789) (citizenship “as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776….” Id. at 6; St. George Tucker, Blackstone's Commentaries: with Notes of Reference to the Constitution and Laws of the Federal Government of the United States and of The Commonwealth of Virginia (1803) (Philadelphia: published by William Young Birch and Abraham Small; Robert Carter, Printer, 1803), https://constitution.org/tb/tb2.htm (“These civil rights [which included the right to be elected President] may be inherited, or acquired, in the United States: they are acquired by a foreigner who is naturalized; they are inherited by all whose parents, at the time of their birth, were citizens”).
I will update this post as circumstances warrant.
Mario Apuzzo, Esq.
July 2, 2012
https://puzo1.blogspot.com
####
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New Jersey Ballot Challenge News
May 31st, 2012
Purpura-Moran, NJ Appellate Decision Affirmed, New Jersey Ballot Challenge Appeal Ruling, 5-31-12
New Jersey Ballot Challenge Appeal Hearing Update From Mario Apuzzo, Esq., 5-30-12, Pt 1 of 2
New Jersey Ballot Challenge Appeal Hearing Update From Mario Apuzzo, Esq., 5-30-12, Pt 2 of 2
New Jersey ballot challenge hearing recorded by Daniel Haggerty of Baer Haggerty Offensive Radio.
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New Jersey Ballot Challenge News
May 22nd, 2012
Purpura and Moran File Their Brief and Appendix in Barack Obama N.J. Ballot Access Challenge Appeal
By Mario Apuzzo, Esq.
Updated
May 25, 2012
On May 18, 2012, I filed on behalf of my clients, Nicholas E. Purpura and Theodore T. Moran, their Brief and Appendix in their New Jersey Ballot Access Challenge appeal currently pending before the New Jersey Superior Court, Appellate Division. In the brief, we argue that Administrative Law Judge, Jeff S. Masin, and New Jersey Secretary of State, Kimberly M. Guadagno, erred in finding that candidate Barack Obama, when challenged to do so, has no constitutional or legal obligation to present any evidence as to who he is, where he was born, and that he is an Article II “natural born Citizen,” before the Secretary of State can place his name on the primary election ballot. We also argue that because he presented no evidence on the matter, they erred in finding that he was born in Hawaii. Finally, we also argue that because he was not born to two U.S. citizen parents, they erred in finding that as a matter of law he is a “natural born Citizen.”
The Brief and Appendix may be read here, https://www.scribd.com/puzo1/d/94493192-Purpura-Moran-v-Obama-Brief-and-Appendix-Filed-5-18-12
Obama and the New Jersey Attorney General have until Friday, May 25, 2012, to file and serve their responding Brief and Appendix.
Telephonic oral argument is scheduled for Wednesday, May 30, 2012, at 1:00 p.m., before Hon. Clarkson S. Fisher, Jr., P.J.A.D., Hon. Linda G. Baxter, J.A.D., and Hon. Philip S. Carchman, J.A.D.
Important Update:
I just received word from the New Jersey Superior Court, Appellate Division that the appellate oral arguments that were initially scheduled for Wednesday, May 30, 2012, at 1:00 p.m. by TELEPHONE have been changed to in-person oral argument in the OPEN COURT ROOM.
Hence, oral arguments on the Purpura and Moran v. Obama appeal to the New Jersey Appellate Division with take place in the open court room as follows:
Place: Superior Court of New Jersey
Appellate Division
Hughes Justice Complex
25 W. Market Street
5th Floor
Trenton, New Jersey 08625-0006
Date: Wednesday, May 30, 2012
Time: 1:00 p.m. (Eastern)
Judges: Hon. Clarkson S. Fisher, Jr., P.J.A.D.; Hon. Linda G. Baxter, J.A.D.; Hon. Philip A. Carchman, J.A.D.
Method: In person argument on the record in open court room (not telephonically).
I hope to see members of the interested public at the oral arguments so that you can learn first hand what the issues and arguments are.
Mario Apuzzo, Esq.
May 22, 2012
Updated May 25, 2012
https://puzo1.blogspot.com
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New Jersey Ballot Challenge News
May 15th, 2012
Purpura-Moran New Jersey Obama Ballot Challenge Appealed to Appellate
Division-Briefing and Oral Argument Scheduled
By Mario Apuzzo, Esq.
On Friday, May 11, 2012, I filed with the New Jersey Appellate Division on behalf of Nicholas E. Purpura and Theodore T. Moran their appeal of the New Jersey Secretary of State’s final decision to permit presidential candidate Barack Obama on the New Jersey primary ballot.
On Friday, May 11, 2012, I also made an application with the Appellate Division that the appeal be handled on an emergent basis. On Monday, the Court issued an order providing that the Court, sua sponte, accelerates the appeal. The Court has ordered that appellants file and serve their brief and appendix on or before Friday, May 18, 2012 and that respondent Barack Obama file and serve his responding brief and appendix on or before Friday, May 25, 2012. The Court also ordered that the New Jersey Attorney General file and serve his response on or before Friday, May 25, 2012. Finally, the Court scheduled telephonic oral argument for Wednesday, May 30, 2012, at 1:00 p.m. The appeal will be heard and decided by a panel of three Appellate Division judges, Clarkson S. Fisher, P.J.A.D., Linda G. Baxter, J.A.D., and Philip S. Carchman, J.A.D. A copy of the Court’s Order entered by Hon. Judge Carchman on May 14, 2012 may be read here,
https://www.scribd.com/puzo1/d/93589363-Purpura-Moran-Order-on-Emergent-Application-5-14-12 .
In our appeal, we will be arguing that:
1. The Administrative Law Judge (ALJ) and Secretary of State (SOS) erred in finding that Obama, because he does not have to consent to his nominating petition, does not have any legal obligation to provide any evidence to the New Jersey Secretary of State proving who he is, where he was born, and that he is constitutionally eligible to occupy the Office of President in order to be placed on the New Jersey primary election ballot.
2. The ALJ and SOS erred in finding that a “natural born Citizen” includes any child who is born in the United States and “subject to the jurisdiction thereof,” regardless of the citizenship status of the parents.
3. The ALJ and SOS erred in finding that Obama was born in Hawaii, for there is no evidence in the record supporting such a finding.
4. The ALJ and SOS erred in finding that Obama was born in Hawaii and therefore as a matter of law he is an Article II “natural born Citizen.”
Mario Apuzzo, Esq.
May 14, 2012
https://puzo1.blogspot.com
####
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Disclaimer: Article II Super PAC and Article II Legal Defense Fund are two separate legal entities with separate missions, separate banking accounts and separate mailing addresses. Neither entity assumes any legal liability for any litigation or consequences thereof, as we are not a Party to such actions.
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New Jersey Ballot Challenge News
April 11th, 2012
Purpura-Moran, Initial Decision of ALJ Masin, 4-11-2012
Purpura-Moran, Attorney Apuzzo's Exceptions to Initial Decision, 4-11-2012
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New Jersey Ballot Challenge News
April 10th, 2012
The online publication Conservative News and Views published the following update(excerpted),
In the latest Obama eligibility challenge, an Administrative Law Judge cleared Obama for the New Jersey Democratic Primary today. The two men who objected to Obama’s nominating petition vowed to appeal.
Apuzzo told CNAV during a recess in the hearing that this was the most stunning thing that any lawyer for Obama had ever admitted, in an Obama eligibility case or in any other case. When the hearing finally adjourned at 12:30 p.m., Apuzzo was confident of prevailing on this point. He observed that Hill, after objecting to everything that Apuzzo tried to introduce into evidence, offered no evidence on her own behalf and even admitted that the infamous PDF document was legally worthless.
But the judge shocked Apuzzo when, at about 7:30 p.m.(4/10/12), he called Apuzzo to tell him that the Obama campaign had prevailed on both points. Said the judge, according to Apuzzo:
As far as I’m concerned, Obama was born in Hawaii.
Apuzzo could not explain how Judge Masin could rule that way, after observing in open court that neither Obama nor his surrogates had shown that he was born in Hawaii.
Within two hours, according to a deadline that Masin gave him, Apuzzo filed an exception to Masin’s ruling. Apuzzo took exception to the following:
1. Judge Masin ruled that Obama was born in Hawaii with no evidence on record, after acknowledging that fact during the hearing.
2. Judge Masin ruled that Obama need not comply with statute to show that he is eligible, solely because he need not “consent” to someone circulating a nominating petition for him.
3. The judge suggested that Obama might have to show eligibility later. He laid no basis for such a ruling.
4. The judge misread the precedents and gave short shrift to the historical evidence that the Framers of the Constitution defined “natural-born citizen” as one born in-country to two citizen parents. Apuzzo devoted half of his 30-page exception to this analysis alone.
Apuzzo plans to appeal directly to the Appellate Division of the New Jersey Superior Court. He earlier told CNAV that he was ready to argue before the State and even United States Supreme Courts if he had to.
You can read the full report from Conservative News and Views at the following link, https://www.conservativenewsandviews.com/2012/04/10/constitution/obama-eligibility-nj-alj-ducks-issues
Attorney Mario Apuzzo provided the following update after the NJ hearing,
Today, April 10, 2012, Nicholas E. Purpura and Theodore T. Moran had their Barack Obama primary ballot objection heard by Deputy Director and Administrative Law Judge, Jeff S. Masin, at the Office of Administrative Law, 9 Quakerbridge Plaza, Mercerville (Hamilton Twp.), New Jersey 08619. The case started about 9:30 a.m. and lasted to about 1:00 p.m. I represented the Objectors. Mr. Obama was represented by Alexandra Hill of the firm of Genova, Burn & Giantomasi of Newark, New Jersey.
We argued that Mr. Obama has not met his burden of showing that he is eligible to be on the New Jersey primary ballot by showing that he is a “natural born Citizen.” We argued that he has not presented any evidence to the New Jersey Secretary of State showing who he is and that he was born in the United States. We also argued that as a matter of law, Obama is not a “natural born Citizen” because he was born to a father who was not a U.S. citizen.
Obama’s attorney made a motion to dismiss the Objection in its entirety. She argued that it was not relevant to being placed on the ballot whether Mr. Obama is a “natural born Citizen,” where he was born, and whether he was born to U.S. citizen parents. She said that no law in New Jersey obligated him to produce any such evidence in order to get on the primary ballot. We argued that Mr. Obama under the Constitution has to be a “natural born Citizen.” We argued that under New Jersey law (the state constitution, statutes, and case law), Mr. Obama must show that he is qualified for the office he wishes to occupy and that includes showing that he is a “natural born Citizen,” which includes presenting evidence of who he is, where he was born, and that he was born to two U.S. citizen parents. We argued that the Secretary of State has a constitutional obligation not to place any ineligible candidates on the election ballot. Judge Masin denied Obama’s motion to dismiss and the case proceeded to trial.
After calling to the witness stand Mr. Moran and Mr. Purpura, who gave testimony as to why they brought the ballot challenge, and introducing documents showing there is a question as to Mr. Obama’s identity, I called Brian Wilcox to testify as an internet image expert. Mr. Wilcox was going to testify on how the Obama April 27, 2011, long-form birth certificate has been altered and manipulated either by computer software or by a human or both, producing a forged documents, and that since the image is not reliable, we need to see the original paper version. Obama’s lawyer objected to my proffered testimony. I then offered that I would not need to have Mr. Wilcox testify, provided that Obama stipulated that the internet image of his birth certificate could not be used as evidence by either Judge Masin or the New Jersey Secretary of States and that he presented to the court or the Secretary of State no other evidence of his identity or place of birth. Judge Masin also asked Obama’s attorney whether she would so stipulate. She did so stipulate, agreeing that both the court and the Secretary of State cannot rely on the internet birth certificate as evidence of Obama’s place of birth and that Obama has produced no other evidence to the court regarding his place of birth. She also argued that Obama has no legal obligation to produce any such evidence to get on the primary ballot. Judge Masin then took the issue under advisement. Having produced absolutely no evidence of his eligibility for the Office of President, Judge Masin will decide whether as a matter of law Obama has a legal duty to produce such evidence before he may be placed on the New Jersey ballot in light of the pending objection filed against him. If he decides that he does, then the Objection will be successful. If he decides that Obama has no such legal obligation, the Objection would fail on the first issue.
The second issue that Judge Masin addressed was whether the definition of an Article II “natural born Citizen” includes the requirement that the child be born to two U.S. citizen parents. Judge Masin relied heavily upon the fact that no court in the nation has yet ruled that Mr. Obama had to have two U.S. citizen parents at the time of his birth. I explained that most cases regarding Mr. Obama have been ruled in his favor on procedural grounds rather than on the merits of the definition of a “natural born Citizen.” He relied heavily upon U.S. v. Wong Kim Ark (1898) and its use of the English common law to define U.S. citizenship. We also discussed the Indiana Ankeny decision and the Georgia ballot access cases. I explained how Wong did not hold that Wong was a “natural born Citizen,” but only a “citizen of the United States” under the Fourteenth Amendment which does not define an Article II “natural born Citizen.” I explained that Wong distinguished between a “citizen” and a “natural born Citizen,” explaining how Justice Gray used Horace Binney’s distinction between both classes of citizens. I argued that it is error to rely upon Wong as though it held Wong to be a “natural born Citizen.”
I argued that the Founders and Framers did not adopt the English common law to define the term, but rather natural law and the law of nations which under Article III became part of the “Laws of the United States.” I explained that the definition of a “natural born Citizen” comes from natural law and the law of nations as commented upon by Emer de Vattel in Section 212 of The Law of Nations (1758), which definition was recognized as American “common-law” in Minor v. Happersett (1875). I also explained that Wong Kim Ark confirmed Minor’s definition (a child born in a country to citizen parents) and did not change it.
I explained that Congress through the Naturalization Acts of 1790, 1795, 1802, and 1855 abrogated the English common law as the law to define U.S. citizenship and that through those acts it told us that a child born in the United States to alien parents was an alien and not a “citizen of the United States.” I went through the historical evidence, including but not limited to Emer de Vattel and St. George Tucker, which shows that the Founders and Framers defined a “natural born Citizen” as a child born in the country to citizen parents and not as the English common law defined a “natural born subject.” I explained how Madison wrote to Washington that at the constitutional convention, the delegates did not adopt the English common law for the new republic. I explained that the English common law continued to have effect in the states, even being included in their constitutions and statutes, but not on the federal level where both the Constitution and Acts of Congress did not do the same as the states did. I explained that there is a constitutional distinction between a “citizen” and a “natural born Citizen,” and that the two terms cannot be conflated and confounded as per Article II, Section 1, Clause 5 and Chief Justice John Marshall in Marbury v. Madison, who told us that each clause of the Constitution must be given its own meaning. Judge Masin also reserved decision on the question of whether a “natural born Citizen” must be born to two U.S. citizen parents.
Judge Masin will be contacting counsel today or tomorrow morning either by telephone or email as to his decision, stating “yes” or “no” on both issues. He will then provide his written decision to the Secretary of State no later than Wednesday, April 11, 2012, at 10:00 a.m. Counsel will be able to object to Judge Masin’s initial decision. The Secretary of State will make the final decision. After her decision, the parties can then appeal to the New Jersey Appellate Division and then to the New Jersey Supreme Court. After that, the parties can appeal to the U.S. Supreme Court.
Mario Apuzzo, Esq.
April 10, 2012
https://puzo1.blogspot.com
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An Article II Legal Defense Fund has been established to support legal actions to help reinstate a Constitutional Presidency, per Article II, Section 1, Clause 5. These actions may include civil or criminal complaints, lawsuits in multiple jurisdictions, including, but not limited to: direct eligibility challenges, ballot challenges, indirect suits against third parties, which would seek to clarify eligibility, or inhibit parties from supporting actions that benefit ineligible candidates and/or officials.
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New Jersey Ballot Challenge News
April 6th, 2012
Today, April 5, 2012, I filed with the New Jersey Secretary of State in Trenton, New Jersey, the Objection Of Nicholas E. Purpura and Theodore T. Moran To Petition Of Nomination Of Barack Obama, also Known As Barack Hussein Obama II, Barack Hussein Obama, Barry Soetoro, and Barack Hussein Obama Soebarkah. That office reviewed the Objection and decided that it did merit a hearing before an Administrative Law Judge.
The Objection to Obama’s nominating petition is that he has not provided competent and sufficient evidence to the New Jersey Secretary of State showing his identity and that he was born in the United States, and that even if he were born in the United States, he is not and cannot be an Article II “natural born Citizen” because he was not born to two U.S. citizen parents. The Objection therefore demands that the Secretary of State not permit Obama’s name to be printed on the primary and general election ballot.
There will be a plenary hearing on Tuesday, April 10, 2012, at 10:00 a.m. before an Administrative Law Judge at the Office of Administrative Law, 9 Quakerbridge Plaza, Mercerville (Hamilton Twp.), New Jersey 08619.
The Objection may be read at https://www.scribd.com/puzo1/d/88210603-Purpura-Moran-Objection-to-Obama-Nominating-Petition-4-5-12 .
Mario Apuzzo, Esq.
April 5, 2011
https://puzo1.blogspot.com
####
An Article II Legal Defense Fund has been established to support legal actions to help reinstate a Constitutional Presidency, per Article II, Section 1, Clause 5. These actions may include civil or criminal complaints, lawsuits in multiple jurisdictions, including, but not limited to: direct eligibility challenges, ballot challenges, indirect suits against third parties, which would seek to clarify eligibility, or inhibit parties from supporting actions that benefit ineligible candidates and/or officials.
Please visit www.Article2LegalDefenseFund.com and consider making a secure donation to help cover legal expenses for the New Jersey ballot challenge. Or you can click the Piryx donate tab.
Disclaimer: Article II Super PAC and Article II Legal Defense Fund are two separate legal entities with separate missions, separate banking accounts and separate mailing addresses. Neither entity assumes any legal liability for any litigation or consequences thereof, as we are not a Party to such actions.
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