Klayman appeals Judge Terry Lewis’ dismissal of Voeltz v. Obama Florida challenge of eligibility case.
(Tallahassee, Fla., July 18, 2012). Larry Klayman filed a notice of appeal today in Leon Co. Circuit Court for referral to the Florida First Circuit Court of Appeals in the case of Voeltz v. Obama et. al. (2012 CA 00467). The case has sought to exclude Democratic candidate Barack H. Obama from the 2012 Florida general election ballot. Klayman and Voeltz, a democratic party voter, assert that Barack Obama is not a natural born Citizen as required by Article 2 Section 1 Clause 4 of the US Constitution since he was born a British subject, of a British subject father, Barack Obama Sr.. The suit also cites evidence ably brought forth by Sheriff Joe Arpaio’s “Cold Case Posse” that claims that the birth record posted by the defendant, at White House.gov, is a computer generated forgery.
The original case was dismissed by Judge Terry Lewis on June 29, 2012 because he agreed with the defendants that Mr. Obama was “not nominated or elected”, since there was no Florida Democratic Primary held on January, 31, 2012, therefore denying standing to Voeltz. Florida statutes disagree with that ruling.
While Fla. ss. 103.101(4) states that the unopposed candidate’s name shall not be printed on the primary election ballot, ss. 101.252 asserts that when there is only one candidate qualified for the Primary election the candidate shall be considered “nominated for the office”. Florida statute 102.168 allows for a voter challenge of ANY candidate’s eligibility upon the final certification of his “election or nomination”. Judge Lewis, whom Klayman believes is in error, ruled that ss. 101.252 did not apply to Presidential Primaries, since those candidates “qualify” through the Presidential Primary Selection Committee. However ss. 101.252 states that the statute applies to “any candidate who has qualified by law”. By denying standing to Michael Voeltz, in error, the judge has avoided ruling on the substance of the case—whether Barack H. Obama is a natural born Citizen, and eligible to be on the Florida general election ballot.
The appeal seeks a determination that Mr. Obama was indeed “nominated or elected”, allowing standing for Klayman and Voeltz to ask the court to make the determination of eligibility. The Florida Supreme Court (Shevin v. Stone, 1972) has held conclusively that eligibility is a judicial determination upon any challenge properly brought. Voeltz v. Obama, says Klayman, “is a case brought perfectly within the Florida contest of eligibility statute, and possibly is the most important case of our lifetime”. The barring of Mr. Obama from the Florida general election ballot would doom his chances of re-election, and prevent the precedent that one born with foreign allegiance could be eligible for the Presidency. “Obama is exactly whom the framers were preventing from the Presidency by requiring a natural born Citizen” said Klayman. All American Patriots’ support is needed and required (legal fund is ConstitutionActionFund.org).