NJ Obama Ballot Challenge Goes to State Supreme Court

Posted by By at 3 July, at 03 : 18 AM Print

By Mario Apuzzo, Esq.
July 2, 2012
From Mario’s Blog, Hat tip CMD Kerchner
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:
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.
More here.

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3 Comments

  1. Link to story above is broken. Here is the full link :

    http://puzo1.blogspot.com/2012/07/purpura-and-moran-file-petition-for.html

    omad, 10 months ago Reply

  2. Thanks.

    Pamela Barnett, 10 months ago Reply


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