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	<title>Comments on: WILL TX AG ABBOTT PROSECUTE the TDP for VIOLATING the TX PUBLIC INFORMATION ACT?</title>
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	<link>http://jbjd.org/2012/06/17/will-tx-agabbott-prosecute-tdp/</link>
	<description>civics for civilians</description>
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		<title>By: jbjd</title>
		<link>http://jbjd.org/2012/06/17/will-tx-agabbott-prosecute-tdp/comment-page-1/#comment-9854</link>
		<dc:creator><![CDATA[jbjd]]></dc:creator>
		<pubDate>Fri, 29 Jun 2012 00:04:13 +0000</pubDate>
		<guid isPermaLink="false">http://jbjd.org/?p=6067#comment-9854</guid>
		<description><![CDATA[&lt;strong&gt;Tomtech:&lt;/strong&gt; I am so glad you sent in this comment!  Yes, of course, the ballot entitlement clause in section 192 is triggered for the general election ballot. (See &lt;a href=&quot;http://jbjd.org/2012/04/16/ballot-laws-disqualify-bo-tx/&quot; title=&quot;BALLOT ENTITLEMENT LAWS should DISQUALIFY PRESIDENT OBAMA in TEXAS&quot; rel=&quot;nofollow&quot;&gt;http://jbjd.org/2012/04/16/ballot-laws-disqualify-bo-tx/&lt;/a&gt;) However, only party candidates applying to get on the Presidential preference primary ballot must, by law, submit their applications to the the party, who selects which names to forward to the Secretary. Therefore, the only mechanism for ascertaining federal qualification is through this process. Otherwise, the nominee is selected by the national party. And while the &#039;federally qualified&#039; ballot standard still applies; there is no individual mechanism at that point for the state party to ascertain federal qualification. 

As I point out in this article; under &lt;a href=&quot;http://www.statutes.legis.state.tx.us/DocViewer.aspx?K2DocKey=odbc%3a%2f%2fTCAS%2fASUPUBLIC.dbo.vwTCAS%2fEL%2fS%2fEL.191%40TCAS2&amp;QueryText=191.003&amp;HighlightType=1&quot; rel=&quot;nofollow&quot;&gt;Sec. 191.003&lt;/a&gt;, the state party chairs, by law, must submit to the SoS the names of candidates to appear on the Presidential preference primary ballot. Therefore, he must obtain their written ballot applications! And, if the reason no documents related to federal qualification were produced is that, they don&#039;t exist; then this means, the D candidates for the primary ballot have not been federally qualified (to appear on the general election ballot).  &lt;strong&gt;ADMINISTRATOR&lt;/strong&gt;]]></description>
		<content:encoded><![CDATA[<p><strong>Tomtech:</strong> I am so glad you sent in this comment!  Yes, of course, the ballot entitlement clause in section 192 is triggered for the general election ballot. (See <a href="http://jbjd.org/2012/04/16/ballot-laws-disqualify-bo-tx/" title="BALLOT ENTITLEMENT LAWS should DISQUALIFY PRESIDENT OBAMA in TEXAS" rel="nofollow">http://jbjd.org/2012/04/16/ballot-laws-disqualify-bo-tx/</a>) However, only party candidates applying to get on the Presidential preference primary ballot must, by law, submit their applications to the the party, who selects which names to forward to the Secretary. Therefore, the only mechanism for ascertaining federal qualification is through this process. Otherwise, the nominee is selected by the national party. And while the &#8216;federally qualified&#8217; ballot standard still applies; there is no individual mechanism at that point for the state party to ascertain federal qualification. </p>
<p>As I point out in this article; under <a href="http://www.statutes.legis.state.tx.us/DocViewer.aspx?K2DocKey=odbc%3a%2f%2fTCAS%2fASUPUBLIC.dbo.vwTCAS%2fEL%2fS%2fEL.191%40TCAS2&amp;QueryText=191.003&amp;HighlightType=1" rel="nofollow">Sec. 191.003</a>, the state party chairs, by law, must submit to the SoS the names of candidates to appear on the Presidential preference primary ballot. Therefore, he must obtain their written ballot applications! And, if the reason no documents related to federal qualification were produced is that, they don&#8217;t exist; then this means, the D candidates for the primary ballot have not been federally qualified (to appear on the general election ballot).  <strong>ADMINISTRATOR</strong></p>
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		<title>By: Tomtech</title>
		<link>http://jbjd.org/2012/06/17/will-tx-agabbott-prosecute-tdp/comment-page-1/#comment-9842</link>
		<dc:creator><![CDATA[Tomtech]]></dc:creator>
		<pubDate>Thu, 28 Jun 2012 21:53:30 +0000</pubDate>
		<guid isPermaLink="false">http://jbjd.org/?p=6067#comment-9842</guid>
		<description><![CDATA[Hello old Friend,

Your mixing up your codes and Titles. §191 applies to the Primary and Caucuses/Conventions and it doesn&#039;t have the qualified for the office language which §192 has.

§161, where you get the idea that you have a right to get the documents states that &quot;(i)f a document, record, or other paper is expressly required by this title to be filed, prepared, or preserved, it is public information unless this title provides otherwise.&quot;

§161 is under Title 10 and doesn&#039;t apply to §191 or §192 which are under Title 11.]]></description>
		<content:encoded><![CDATA[<p>Hello old Friend,</p>
<p>Your mixing up your codes and Titles. §191 applies to the Primary and Caucuses/Conventions and it doesn&#8217;t have the qualified for the office language which §192 has.</p>
<p>§161, where you get the idea that you have a right to get the documents states that &#8220;(i)f a document, record, or other paper is expressly required by this title to be filed, prepared, or preserved, it is public information unless this title provides otherwise.&#8221;</p>
<p>§161 is under Title 10 and doesn&#8217;t apply to §191 or §192 which are under Title 11.</p>
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		<title>By: BALLOT ENTITLEMENT LAWS should DISQUALIFY PRESIDENT OBAMA in TEXAS &#171; jbjd</title>
		<link>http://jbjd.org/2012/06/17/will-tx-agabbott-prosecute-tdp/comment-page-1/#comment-9416</link>
		<dc:creator><![CDATA[BALLOT ENTITLEMENT LAWS should DISQUALIFY PRESIDENT OBAMA in TEXAS &#171; jbjd]]></dc:creator>
		<pubDate>Mon, 25 Jun 2012 01:41:28 +0000</pubDate>
		<guid isPermaLink="false">http://jbjd.org/?p=6067#comment-9416</guid>
		<description><![CDATA[[...] Presumably, the esteemed Chair of the RPT knows when it comes to submitting names to the TX ballot; he is a public official, required to respond to this request for public information. Because his brother in the law, Attorney Richie, Chair of the TDP, knows. When we sent this letter to him -   he gave us everything we wanted &#8211; (CORRECTION 06.24.12: He only appeared to give us what we wanted. Because as Kelly pointed out; this application was missing any language establishing the candidate was Constitutionally eligible for the job; and she had asked for documents which were the basis for his finding the candidates whose names he submitted to the SoS to appear on the ballot were &#8220;federally qualified.&#8221;) (See WILL TX AG ABBOTT PROSECUTE the TDP for VIOLATING the TX PUBLIC INFORMATION ACT?) [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Presumably, the esteemed Chair of the RPT knows when it comes to submitting names to the TX ballot; he is a public official, required to respond to this request for public information. Because his brother in the law, Attorney Richie, Chair of the TDP, knows. When we sent this letter to him &#8211;   he gave us everything we wanted &#8211; (CORRECTION 06.24.12: He only appeared to give us what we wanted. Because as Kelly pointed out; this application was missing any language establishing the candidate was Constitutionally eligible for the job; and she had asked for documents which were the basis for his finding the candidates whose names he submitted to the SoS to appear on the ballot were &#8220;federally qualified.&#8221;) (See WILL TX AG ABBOTT PROSECUTE the TDP for VIOLATING the TX PUBLIC INFORMATION ACT?) [...]</p>
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		<title>By: JUDGE ABBOTT WOULD ORDER TDP CHAIR BOYD RICHIE TO DECLARE PRESIDENTIAL CANDIDATE BARACK OBAMA IS INELIGIBLE FOR THE JOB &#171; jbjd</title>
		<link>http://jbjd.org/2012/06/17/will-tx-agabbott-prosecute-tdp/comment-page-1/#comment-9181</link>
		<dc:creator><![CDATA[JUDGE ABBOTT WOULD ORDER TDP CHAIR BOYD RICHIE TO DECLARE PRESIDENTIAL CANDIDATE BARACK OBAMA IS INELIGIBLE FOR THE JOB &#171; jbjd]]></dc:creator>
		<pubDate>Thu, 21 Jun 2012 20:37:37 +0000</pubDate>
		<guid isPermaLink="false">http://jbjd.org/?p=6067#comment-9181</guid>
		<description><![CDATA[[...] UPDATE 06.21.12: Okay, this is getting complicated. As it turns out, SoS Andrade has determined, the legal standard of entitlement for Presidential candidates to appear on the ballot is this: they must be federally qualified for the job. When it comes to Independent and Write-In candidates; the SoS determines they are federally qualified through the ballot application she devised, self-affirming Constitutional eligibility. She only assumes the RPT and TDP have confirmed the federal qualifications of candidates whose names they electronically transfer to her office, to appear on the ballot. The RPT verifies, using the same type of self-affirming ballot applications used  by the Secretary. On the other hand; the TDP says nothing on its application about being federally qualified for the job. WILL TX AG ABBOTT PROSECUTE the TDP for VIOLATING the TX PUBLIC INFORMATION ACT? [...]]]></description>
		<content:encoded><![CDATA[<p>[...] UPDATE 06.21.12: Okay, this is getting complicated. As it turns out, SoS Andrade has determined, the legal standard of entitlement for Presidential candidates to appear on the ballot is this: they must be federally qualified for the job. When it comes to Independent and Write-In candidates; the SoS determines they are federally qualified through the ballot application she devised, self-affirming Constitutional eligibility. She only assumes the RPT and TDP have confirmed the federal qualifications of candidates whose names they electronically transfer to her office, to appear on the ballot. The RPT verifies, using the same type of self-affirming ballot applications used  by the Secretary. On the other hand; the TDP says nothing on its application about being federally qualified for the job. WILL TX AG ABBOTT PROSECUTE the TDP for VIOLATING the TX PUBLIC INFORMATION ACT? [...]</p>
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		<title>By: jbjd</title>
		<link>http://jbjd.org/2012/06/17/will-tx-agabbott-prosecute-tdp/comment-page-1/#comment-9051</link>
		<dc:creator><![CDATA[jbjd]]></dc:creator>
		<pubDate>Wed, 20 Jun 2012 13:02:15 +0000</pubDate>
		<guid isPermaLink="false">http://jbjd.org/?p=6067#comment-9051</guid>
		<description><![CDATA[&lt;strong&gt;DJ Zitko:&lt;/strong&gt; Welcome. No; I have no petition. But what a great idea! To let AG Abbott know you want him to pursue this complaint against the TDP for violating the TX Public Information Act; &lt;em&gt;you &lt;/em&gt;could always start such a petition, and get other Texans to sign it. Or, you could call or write the AG. As long as you do SOMETHING to let him know how you feel. &lt;strong&gt;ADMINISTRATOR&lt;/strong&gt;]]></description>
		<content:encoded><![CDATA[<p><strong>DJ Zitko:</strong> Welcome. No; I have no petition. But what a great idea! To let AG Abbott know you want him to pursue this complaint against the TDP for violating the TX Public Information Act; <em>you </em>could always start such a petition, and get other Texans to sign it. Or, you could call or write the AG. As long as you do SOMETHING to let him know how you feel. <strong>ADMINISTRATOR</strong></p>
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		<title>By: DJ Zitko</title>
		<link>http://jbjd.org/2012/06/17/will-tx-agabbott-prosecute-tdp/comment-page-1/#comment-9015</link>
		<dc:creator><![CDATA[DJ Zitko]]></dc:creator>
		<pubDate>Wed, 20 Jun 2012 05:52:35 +0000</pubDate>
		<guid isPermaLink="false">http://jbjd.org/?p=6067#comment-9015</guid>
		<description><![CDATA[Do you have a petition that we can sign to support your complaint to the Texas Attorney General?]]></description>
		<content:encoded><![CDATA[<p>Do you have a petition that we can sign to support your complaint to the Texas Attorney General?</p>
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		<title>By: jbjd</title>
		<link>http://jbjd.org/2012/06/17/will-tx-agabbott-prosecute-tdp/comment-page-1/#comment-8776</link>
		<dc:creator><![CDATA[jbjd]]></dc:creator>
		<pubDate>Mon, 18 Jun 2012 04:38:16 +0000</pubDate>
		<guid isPermaLink="false">http://jbjd.org/?p=6067#comment-8776</guid>
		<description><![CDATA[&lt;strong&gt;kjcanon:&lt;/strong&gt; Ha! This reminds me of &lt;a href=&quot;http://jbjd.org/2010/01/06/out-of-the-mouths-of-babes/&quot; title=&quot;OUT OF THE MOUTHS OF BABES&quot; rel=&quot;nofollow&quot;&gt;&lt;strong&gt;OUT of the MOUTHS of BABES&lt;/strong&gt;&lt;/a&gt;! (For those who don&#039;t know; your nephew is about 19, right?) But know what? I think the &#039;press&#039; cannot be as ignorant of the facts as may appear. Rather, I suspect the refusal to report what we have identified are the pertinent facts in the eligibility analysis; is based more on vested interest than on inability to do the job. &lt;strong&gt;ADMINISTRATOR&lt;/strong&gt;

P.S. He must be so very proud of his aunt.]]></description>
		<content:encoded><![CDATA[<p><strong>kjcanon:</strong> Ha! This reminds me of <a href="http://jbjd.org/2010/01/06/out-of-the-mouths-of-babes/" title="OUT OF THE MOUTHS OF BABES" rel="nofollow"><strong>OUT of the MOUTHS of BABES</strong></a>! (For those who don&#8217;t know; your nephew is about 19, right?) But know what? I think the &#8216;press&#8217; cannot be as ignorant of the facts as may appear. Rather, I suspect the refusal to report what we have identified are the pertinent facts in the eligibility analysis; is based more on vested interest than on inability to do the job. <strong>ADMINISTRATOR</strong></p>
<p>P.S. He must be so very proud of his aunt.</p>
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		<title>By: kjcanon</title>
		<link>http://jbjd.org/2012/06/17/will-tx-agabbott-prosecute-tdp/comment-page-1/#comment-8775</link>
		<dc:creator><![CDATA[kjcanon]]></dc:creator>
		<pubDate>Mon, 18 Jun 2012 04:31:48 +0000</pubDate>
		<guid isPermaLink="false">http://jbjd.org/?p=6067#comment-8775</guid>
		<description><![CDATA[Just a cute little side story...  I rounded up my nephew and decided to explain to him what just happened (with the complaint), and showed him the actual applications.  At the end of the talk, his first question was, &quot;Wow! When&#039;s the press gonna get called????&quot;  He couldn&#039;t believe what he saw...   I described the whole maneuver the TDP has pulled as trying to &quot;hide in plain sight&quot;.  They were hoping no one would notice something so simple, yet so obscure.  But eventually, anyone trying to do that will ultimately blink, and than it&#039;s &#039;game over&#039;.  I think they blinked.  :-)]]></description>
		<content:encoded><![CDATA[<p>Just a cute little side story&#8230;  I rounded up my nephew and decided to explain to him what just happened (with the complaint), and showed him the actual applications.  At the end of the talk, his first question was, &#8220;Wow! When&#8217;s the press gonna get called????&#8221;  He couldn&#8217;t believe what he saw&#8230;   I described the whole maneuver the TDP has pulled as trying to &#8220;hide in plain sight&#8221;.  They were hoping no one would notice something so simple, yet so obscure.  But eventually, anyone trying to do that will ultimately blink, and than it&#8217;s &#8216;game over&#8217;.  I think they blinked.  <img src='http://s0.wp.com/wp-includes/images/smilies/icon_smile.gif' alt=':-)' class='wp-smiley' /> </p>
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		<title>By: jbjd</title>
		<link>http://jbjd.org/2012/06/17/will-tx-agabbott-prosecute-tdp/comment-page-1/#comment-8774</link>
		<dc:creator><![CDATA[jbjd]]></dc:creator>
		<pubDate>Mon, 18 Jun 2012 04:28:20 +0000</pubDate>
		<guid isPermaLink="false">http://jbjd.org/?p=6067#comment-8774</guid>
		<description><![CDATA[&lt;strong&gt;ecogreenman:&lt;/strong&gt; Welcome; and thank you very much for appreciating the work. You can imagine how labor intensive are these efforts. &#039;Good on you&#039; for putting in the time and energy necessary to master our civic system, too! &lt;strong&gt;ADMINISTRATOR&lt;/strong&gt;

P.S. I fixed the link. (The one in the sidebar was working, thank goodness.)]]></description>
		<content:encoded><![CDATA[<p><strong>ecogreenman:</strong> Welcome; and thank you very much for appreciating the work. You can imagine how labor intensive are these efforts. &#8216;Good on you&#8217; for putting in the time and energy necessary to master our civic system, too! <strong>ADMINISTRATOR</strong></p>
<p>P.S. I fixed the link. (The one in the sidebar was working, thank goodness.)</p>
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		<title>By: ecogreenman</title>
		<link>http://jbjd.org/2012/06/17/will-tx-agabbott-prosecute-tdp/comment-page-1/#comment-8773</link>
		<dc:creator><![CDATA[ecogreenman]]></dc:creator>
		<pubDate>Mon, 18 Jun 2012 04:09:37 +0000</pubDate>
		<guid isPermaLink="false">http://jbjd.org/?p=6067#comment-8773</guid>
		<description><![CDATA[The effort is an awesome commitment of your &#039;Life&#039;s Energy&#039; to make sense out of this total disregard for TX Law. Speaking as one who appreciates this hugh effort, I will continue my support through donations.

FYI, the &#039;PayPal Donation Button&quot; at the base of your post, is not active.]]></description>
		<content:encoded><![CDATA[<p>The effort is an awesome commitment of your &#8216;Life&#8217;s Energy&#8217; to make sense out of this total disregard for TX Law. Speaking as one who appreciates this hugh effort, I will continue my support through donations.</p>
<p>FYI, the &#8216;PayPal Donation Button&#8221; at the base of your post, is not active.</p>
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