Voeltz v Obama FL Obama Election Case- Motion to Expedite
Posted by By GeorgeM at 26 December, at 19 : 13 PM Print
IN THE DISTRICT COURT OF APPEAL, FIRST DISTRICT
MICHAEL C. VOELTZ,
Circuit Case No.: 2012CA00467
Plaintiff,
vs.
BARACK HUSSEIN OBAMA, et. al.
DCA Case No.: 1D12-3489
Defendants.
____________________________________________ /
APPELLANT’S EMERGENCY MOTION TO EXPEDITE
DECISION CONCERNING APPELLANT’S APPEAL
Plaintiff Michael Voeltz, by and through hereby moves this honorable Court on an expedited basis to issue a written decision at this time, without further delay, and as grounds therefor would show:
1) Appellant previously asked this court for a suggestion for certification to the Florida Supreme Court, pursuant to Article V, section 3(b)(5) of the Florida Constitution and Rule 9.125 of the Florida Rules of Appellate Procedure, because this is an election issue and it needed to be fully appealed and the issues needed to be decided in time for both the general election and/or post election, since Florida Electors were to vote on December 17, 2012 and the Electoral College will be casting their votes on January 6, 2013. This Court denied that motion
2) Appellant then asked the court to expedite its decision for the same reasons in his Praecipe filed on November 9, 2012. This praecipe, which was treated as a Motion to Expedite by this court, was also denied
3) Five months and 10 days have passed since this appeal was filed. The date the electoral college will vote is January 6, 2013 and in order for Appellant not to lose his rights by virtue of delay by this court, the decision must issue at this time in order that all parties will have time to seek any appeal or other process to the Florida supreme court should they so choose and/or if necessary.
4) Election law is clear that election challenges must be litigated on an expedited basis to avoid vote nullification. See Gore v. Harris, 772 So. 2d 1243 (Fla. 2000).
WHEREFORE, Appellant Voeltz respectfully requests that this Court issue a well-reasoned written opinion at this time without further delay in order that the rights of the parties can be preserved and timely addressed by the Florida Supreme Court should they so choose and/or if necessary.
Appellant further respectfully requests that the response time to this motion, because of time constraints, be shortened to 48 or on or before close of business on Friday December 28, 2012.
Dated: December 26, 2012
Respectfully submitted,
/s/ Larry Klayman
Larry Klayman, Esq.
F.L. Bar No. 246220
Klayman Law Firm
2020 Pennsylvania Ave. NW, Suite 800
Washington, DC 20006
Tel: (310) 595-0800
Email: leklayman@gmail.com
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Appellant’s Emergency Motion To Expedite Decision Concerning Appellant’s Appeal has been filed electronically and thus served via email this 26th day of December, 2012 to the following:
Daniel Nordy
Ashley E. Davis
Florida Department of State
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399
Mark Herron
Joseph Brennan Donnelly
Robert J. Telfer, III
Messer, Caparello & Self, P.A.
Post Office Box 15579
Tallahassee, FL 32317
Stephen F. Rosenthal
Podhurst Orseck, P.A.
25 West Flagler Street, Suite 800
Miami, FL 33130-1720
Richard B. Rosenthal
The Law Offices of Richard B. Rosenthal, P.A.
169 East Flagler Street, Suite 1422
Miami, FL 33131
James A. Peters
Office of the Attorney General
FL-01, The Capital
Tallahassee, FL 32399-1050
Respectfully submitted,
/s/ Larry Klayman
Larry Klayman, Esq.
Florida Bar No. 246220
Klayman Law Firm
2020 Pennsylvania Ave. NW, Suite 800
Washington, DC 20006
Tel: (310) 595-0800
Email: leklayman@gmail.com
For an interview, or to arrange case donations with plaintiff’s attorney Mr. Klayman, email leklayman@gmail.com.
Instead of all these appeals, why not request disciplining of the judge, who you claim has broken the law? What are the procedures for disciplining a FL judge? Is it through the courts, legislature, both?
Patriot, 4 months ago
The Florida Electoral College has already voted (on Dec. 17th). The certified EC votes were required to be submitted to the President of the Senate and the National Archives by today (December 26th). The January 6th date is when Congress counts the votes. At this point, the Florida Court system is completely out of the picture.
http://www.archives.gov/federal-register/electoral-college/2012/certificates-of-vote.html
C. E. Hughes, 4 months ago
The Electoral College is not the government, therefore a contest of their vote is not a political question. No governmental agency has used its discretion within the laws of the United States or the US Constitution. (see Mcpherson v. Blacker, Fitzpatrick v. Green, Ray v, Blair, that Electors are not members of the governemnt, see also the requirement of art. 2, s.1 c. 2 US Constitution, that Electors “hold no office of trust or profit under the United States.”
dualer, 4 months ago
> Instead of all these appeals, why not request disciplining of the judge, who you claim has broken the law?
Because that’s how the legal system works. *duh*
If you lose, you appeal. You don’t go after the judge, especially since even if you did and succeeded, you’d still have to appeal your original case because it won’t be declared void, or re-decided in your favour automatically. *double-duh*
The Magic M, 4 months ago
Except that the votes will be counted on Jan 4, not Jan 6. Back to the drawing board.
B.B. Robo, 4 months ago
Not sure why the Robo obot differs from this:
http://www.archives.gov/federal-register/electoral-college/key-dates.html
But, heck, laws are broken or changed daily, so nothing would surprise me.
GeorgeM, 4 months ago
Florida’s certified votes
http://www.archives.gov/federal-register/electoral-college/2012-certificates/pdfs/vote-florida.pdf
cehughes, 4 months ago
Congress voted to v=change the date to January 4th.
http://www.gpo.gov/fdsys/pkg/BILLS-112hjres122enr/pdf/BILLS-112hjres122enr.pdf
cehughes, 4 months ago