BUYER BEWARE BIRTHER BALONEY (1 of 2)

June 9, 2012

© 2012 jbjd

As if providing the facts that would drive the discourse of the 2012 election cycle away from fatuous fiction with respect to President Obama’s origins wasn’t sufficiently challenging; now, when he is turning the corner to what could have been a virtually guaranteed rejection of his bid for re-election, Constitutional huckster Sheriff Joe Arpaio -’I never met a due process right I couldn’t deny’ – beguiled a duplicitous AZ SoS Ken Bennett into helping steer Mr. Obama over the finish line, aided and abetted in his siren song by his WND handlers, including Dr. Jerome Corsi; and a supporting cast of crazies.

The stated story line sounds simple enough. In lieu of a bona fide identification document generated by the issuing authority and conveyed directly to the AZ SoS;  Ken Bennett asked HI officials to verify vital information related to Barack Obama’s birth ( “verification in lieu of a certified copy” ) pursuant to Hawaii Revised Statute section 338-18(g), which allows such confirmation under conditions specified in the law. (The official HI DoH web site carries a downloadable request form; however, I have been unable to locate an image of Bennett’s original request to HI, either in ‘form’ form or, as a written narrative.)

As Bennett rationalized to Mike Broomhead on KFYI radio; he requested a verification in lieu of a certified copy because, while he believes President Obama was born in Hawaii – “at least I hope he was” – his “responsibility as Secretary of State is to make sure that the ballots in Arizona are correct and that those people whose names are on the ballots have met the qualifications for the office that they’re seeking.” He explained that after the press conference held by Sheriff Joe Arpaio and his posse, in which Arpaio stated, the long-form birth certificate posted on the WhiteHouse.gov web site “might” be fraudulent; people began contacting his office.  He had received about 1,200 emails from Arizona voters who are concerned about President Obama’s birth records, and felt it was his duty to follow up.

Or, maybe he asked HI to confirm Obama’s credentials, for the reason printed in the Arizona Republic. “I was just trying to put this thing to bed and agree to a constituent’s request, which I’m allowed to do” …”This is a constituent from Arizona, whom I work for.” Perhaps not surprisingly, he never named the constituent.

But neither explanation passes the ‘smell test.’ The only time that candidates for President are required to self-affirm their Constitutional qualifications is on the application to the SoS to appear on the Presidential preference primary ballot. (Most of us first saw this ballot application in 2008.) And the 2012 AZ Presidential preference primary went off without a hitch on February 28. As for the upcoming general election ballot, well, under AZ law; the Presidential nominee of the major political party is entitled to appear on the general election ballot. http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/16/00804.htm&Title=16&DocType=ARS

MOST IMPORTANTLY; NO LAW IN AZ REQUIRES THE PRESIDENTIAL CANDIDATES TO BE CONSTITUTIONALLY ELIGIBLE FOR THE JOB IN ORDER TO HAVE THEIR NAMES PRINTED ON EITHER THE PRIMARY OR GENERAL ELECTION BALLOT, ANYWAY! And no law in that state requires Electors to vote only for Presidential candidates who are Constitutionally eligible for the job. In other words, Bennett had no duty to determine Mr. Obama’s Constitutional eligibility!

Besides, people have been asking S’soS in all 50 states, including AZ, to verify Obama is a NBC, since 2008.  Why confront HI now? Rather, what makes sense is that Bennett is pandering to the fringe, believing this will help his presumed gubernatorial bid in 2014. In his present position as Secretary of State; he would have better served the citizens of AZ had he understood the difference between a bona fide identification document generated by the issuing authority (DE-CODER RINGS (1 of 2) and (2 of 2)) and a paid political announcement; and explained this difference so as to inform the voters (to say nothing of the disservice to the state’s campaign for presumptive R Presidential nominee, Mitt Romney, for whom he is co-chair).

Now, back to the dance of deception between state officials of both states…

Officials from the Offices of the HI AG and the Department of Health began corresponding with Mr. Bennett so as to establish whether he had a legal right under HI law to the verification requested. If so; then, they would provide the requested verification. TPM (Talking Points Memo) obtained this correspondence from HI through a public records request (based in HI law). Reading the exchange; it appears that HI asked SoS Bennett to prove it satisfied one of the exceptions listed in their law for breaching the confidentiality of vital records; and Bennett, try as he might, could not reach the level of exception. Indeed, the last letter from HI makes clear, he had not established to their satisfaction, his right to obtain such verification. Nevertheless, immediately thereafter, they transmitted that “verification in lieu of a certified copy,” a mere 8 (eight) weeks after he first asked HI – using whatever form – to provide this verification.

Even if you knew nothing else about the laws impacting the exchange – ballot eligibility; campaign expenditure (political advertising); what constitutes a bona fide identification document generated by the issuing authority – this providing such verification despite expressing these reservations, with no intervening ‘change of heart’ evidenced in their communication; should have signaled, ‘something fraudulent this way comes.’

But then there was this…

Obviously, requests to HI for information about Barack Obama have burdened their state agencies. HI Deputy AG Nagamine sent Bennett a “link is to the Department of Health’s website that was created in response to the high volume of inquiries about the President’s birth certificate. It includes the press releases issued by Dr. Fukino, the former Republican-appointed Director of Health. ttp://hawaii.gov/health/vital-records/obama.htmlId. Bennett acknowledges her claims of disruption. “I understand your client’s initial trepidation in responding to this request given the significant amount of email, fax and phone call traffic that this issue has spawned. My office too has received numerous constituent requests and I agree with Director Fuddy’s assertion in her letter of April 25, 2011 that the sheer volume of inquires has “been disruptive to staff operations and have strained State resources.”” Id. (Of course, readers of “jbjd” know better than to credit anything credited to Ms. Fukino concerning the so-called ‘facts’ of Obama’s life. They would likely notice, these links to Fukino’s statements contain the disclaimer, ‘no other documentary evidence supports these statements were  made.’

Also see, for example,  TRUMPED by TRUMP (Updated 04.10.11) and RECOGNIZING when the PEOPLE INVOLVED with the PRESS ROLLOUT of PRESIDENT OBAMA’S 2011 LONG FORM BIRTH CERTIFICATE AD CAMPAIGN WORE a PUBLIC v. PRIVATE HAT)

So, given the notoriety of a request from a state SoS to verify President’s Obama’s bona fides; and, given the burden imposed on HI offices as the result of similar requests for such verification; and, given this opportunity to (perhaps) once and for all end all such Obama-related requests to HI for authentication; one could rationally expect to see the signature of an official employed by the HI DoH on the bottom of the issued documentation. If so then, one would be wrong. Because for reasons which can only be speculated; whoever actually signed that letter is anonymous, leaving behind only what appears to be his or her initials. (Maybe someone can submit another request to HI using the public records laws, to learn the signer’s real name.)

Nevertheless, notwithstanding these obvious fatal faults with the legitimacy of this ‘verification in lieu of a certified copy’ process; several media outlets have touted the production by the anonymous HI signatory as ‘proof’ of President Obama’s  Constitutional eligibility for office. That is, this confirms his HI birth. Oh, sure, it does no such thing. But that has not stopped such claims; and it serves Bennett and the bumbling Birthers who incited his quest, right.

(continued in BUYER BEWARE BIRTHER BALONEY (2 of 2)

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TX VOTING ‘RIGHTS’ on HOLD in the “IN” BASKET

May 16, 2012

© 2012 jbjd

If you assume you have a right to know how Texas Secretary of State Hope Andrade determines which Presidential candidates are qualified to appear on the 2012 general election ballot; think again.

I received the following email from Kelly C., in which she documents the disheartening results of a follow-up call yesterday to the SoS, 14 (fourteen) days after visiting that office to hand-deliver a letter detailing the problematic meeting she had earlier with Attorney Keith Ingram, the SoS’s Director of Elections, who had dismissed in its entirety her petition to improve access to voter information.

jbjd,

As I write this, it’s really hard to see the screen & keyboard because of all the steam shooting out of my ears…

I called the SoS offices (the one located at the Capital building, in Austin).  I told them who I was, and that I had hand-carried a letter to the Secretary back on Tuesday, May 1st, and was following up on it.  I first verified with this receptionist what she had done with the letter  – “to whom did you initially give my letter for review that day?”  [I had remembered (barely) upon dropping the letter off that day, that she had told me she was going to give it to the "Deputy" (something-something) currently in the office at that time, but I didn't remember the name.] Well, I was wrong about the ‘deputy’.  The receptionist said she gave it straight to the EXECUTIVE ASSISTANT, Liz Harris.  I asked to speak to Hope Andrade, and the receptionist said that not only was Ms. Andrade NOT there, she hadn’t been there all this week or last, and she’s not expected back in the office until “AFTER MAY!!!”  But here’s where it gets “ironic”.  The receptionist offered the following tidbit of info on Secretary Andrade:  She’s on a state-wide tour of Texas, EDUCATING VOTERS ABOUT THE UPCOMING ELECTIONS!  <…deeeep breath…>  “Okay”, I said… “May I please speak to Deputy Shorter?”.  Nope.  Not in either, and isn’t expected back at all today.  I then asked to speak to Liz Harris.  Cha CHING!  Progress!  She was in!  I was transferred.

After explaining who I was, and why I was calling, I grilled Ms Harris with the following:


Me:  Has Secretary Andrade even laid eyes on my letter?

Liz:  “Well, I’m sure that when we received your letter, it went through the normal routine of being reviewed….”  stutter, stammer, stutter… “certain process”… blah, blah, blah…

Me:  “No, that’s not what I asked.” So I repeated my question.
Liz:  I’m not sure.
Me:  Where is my letter physically sitting right this moment?
Liz:  In her inbox.
Me:  So you’re telling me that my letter that I PERSONALLY delivered to your office two weeks ago, is sitting in an inbox, that may or may not be seen (much less read) until maybe sometime in June?
Liz:  Well, the Secretary gets a lot of letters…..
Me: I’m very well aware of that. But you see…  the information that I am trying to get to her is pertinent to the very nature of her current tour.
Liz:  Yes ma’am.
Me:  Can you PLEASE have Deputy Shorter return my call at his earliest opportunity? (I gave her my number.)
Liz:  I will certainly give him the message, Ms. Canon,
That’s where the call ended.
I did some more digging…  here’s another story of the Secretary’s tour:  http://www.themonitor.com/articles/andrade-60550-month-county.html

Kelly

I told Kelly a long time ago; any answer IS an answer. Only – obviously – the answer you get might not be the one you wanted to hear.

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VITAL VOTER INFORMATION HITS the AIRWAVES in TEXAS (DESPITE SoS ANDRADE)

May 14, 2012

© 2012 jbjd

More evidence, the internet can function as the great equalizer.

Just because so far, SoS Hope Andrade (R), with all of the human and financial resources available to the state; has determined to withhold information from her office’s official web site, which is vital to making the voters of TX well-informed at the polls – TEXAS, WE HAVE A PROBLEM. – does not mean, these facts cannot be disseminated, anyway.

SATURDAY MORNING SHOW 05.12.12 by Lone Star Voice | Blog Talk Radio. Hosted by Mel Moss, with guest Kelly Canon (and her guest, jbjd).

If other citizens of TX (and throughout the US) labored as diligently as Kelly Canon from Arlington, TX to learn how the electoral system functions; to hone up on the issues that matter to them; and, determined to promote those issues within that system based on their new found knowledge, to target their activism to those members of government whose job is to address such citizen petitions; we would all know that the Presidential candidates whose names appear on our state ballots are Constitutionally eligible for the job. (And in states like TX and SC; that eligibility status could be ‘fixed’ by the time ballots are printed for use in the 2012 general election!)

Stop focusing the Presidential candidate eligibility issue on such things as privileged private documents or paid political advertisements. As I told you way back in the summer of 2008; it’s all about getting on the ballot. Trust me; it’s never too late to become a civic citizen, even if in your state, it’s too late to fix the ballot in time for the 2012 general election.

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PLEASE HELP GET INDEPENDENT PRESIDENTIAL CANDIDATE BUDDY ROEMER on the BALLOT

May 12, 2012

© 2012 jbjd

UPDATE 05.26.12: The AmericanElect organization is willing to prolong its caucuses pending input from the general public about interest in establishing and preserving a viable ‘third party’ system. Please support these efforts.

The quickest way to clean up the 2 major political parties; is to pick a President like Governor Buddy Roemer, who isn’t owned by either one of them (or by any of the people who own them). Mr. Roemer currently polls nationally at 7%; if he reaches 10%, he will be included in this fall’s Presidential debates. But first, he has to get on the ballot. And he can only do this by receiving 10,000 votes, by Monday, in the on-line primary run by AmericansElect.

Please, take the time to register to vote on line with AmericansElect to get Buddy Roemer on the ballot. Voting for him now does not mean, you have to vote for him in November. But you just might, after the networks finally let you hear what he has to say.

How to Support Buddy on Americans Elect.


TEXAS, WE HAVE A PROBLEM.

April 30, 2012

© 2012 jbjd

UPDATED 05.01.12 (15:00 EDT): See below.

This morning, kjcanon, from Arlington; and Native Texan, from Calvert; met in Austin with Attorney Keith Ingram, Election Director, Texas Secretary of State, for what kjc and NT had scheduled would be an “in-depth” discussion of “the Texas election process.” With kjc’s help; I drafted the letter which served as the basis for that ‘discussion,’ in which we synthesized the key glitches we had worked to identify in the Texas electoral process, insofar as these problems related to the job qualifications of candidates whose names appear on the Texas ballot. kjc meticulously assembled a folder containing documentary evidence that backed up these allegations. kjc and NT also provided a narrative of their personal experiences trying to obtain voting related information. The meeting began at 10:30 AM; it was all over by 11:03.

Before reading my report of the results of that meeting, which were conveyed by telephone to me, shortly thereafter; please, read the letter. Trust me: it’s the only way to fully grasp the nature of Mr. Ingram’s response to the presentation.

View this document on Scribd

(If you have trouble viewing this document in Scribd; here are jpeg images of that same letter.)

In short; here was Mr. Ingram’s response. (My abbreviated editorial comments follow, in orange.)

You gave me assertions only; you have not given me any facts. (Obviously, we not only gave you facts but also offered to give you documentary evidence to back up those facts.)

All the information voters need is on VoteTexas.gov. “I would even call it impeccable.” (Yes; you may call the information you provide, impeccable; but not if the Secretary’s purpose in posting that information is to inform the voters. Because we are voters and, we just reported to you that we, along with numerous other Texas voters disagree that the Secretary provides adequate information so as to cast an informed vote. Are you blaming us voters for failing to intuit election related information that’s not on your web site, such as the ‘fact,’ candidates are using at least 3 (three) different ballot applications? Are you rejecting all suggestions that we voters get to decide what  information we require to cast informed votes in the election?)

The Secretary of State has no enforcement power; go to the Legislature. (We are not asking you to enforce anything; rather, we are asking you to tell us what you know about how candidates access the ballot; which are the same things we need to know to become informed voters.) (The TX legislature is not in session until January 2013.)

We’re not required to post completed party application forms. (That’s precisely why we didn’t cite a law requiring you to post these applications and, instead, cited to your promise to appropriately inform voters regarding elections.)

If you want to challenge the ballot, go through the courts. (And say what, that we are Unaffiliated or Write-in candidates who are being denied Equal Protection of the law inasmuch as only we are required by the SoS to swear to Constitutional eligibility for office in order to get on the Texas Presidential ballot, whereas the Republican and Democrat candidates only fill out the party’s application?) (Or are you just trying to send us on a wild goose chase, like your colleague tried before you, alleging a legal violation when, by merely withholding information from the voters; no one has actually broken any laws?)

I always say, any answer is an answer. That is, we now know, the Elections office will not act on our request, on its own. So, to get action on the proposals and problems pointed out in the letter; we are following the chain of command – Mr. Ingram > his boss, Secretary Andrade > her boss, Governor Perry – until the buck stops. (That is, whoever is left with the final decision to amend the Secretary’s operations. This will likely be Ms. Andrade.) That’s where we will concentrate our efforts to ensure whatever steps necessary to make the information referred to in this letter available to all Texas voters. Assuming this means getting Secretary Andrade to act; I will again provide a ‘complaint,’ of sorts, for downloading and sending, which will be a re-format of the letter for wider use and distribution, and will include links to appropriate documentation. Fortunately, the Secretary’s web site suggests that voter concerns are transmitted electronically.

Of course, convincing the Secretary to shore up her operation will not resolve the problem of candidate ballot eligibility, which will require legislative action, up to and including calling an emergency session before the Presidential election. And, if more people understood the mess that is the current ‘system’ of getting candidates on the ballot; well, presumably they would be sufficiently outraged to demand such an emergency session and, to require the passage of appropriate legislation.

That said; with a few simple alterations in the rules; at least, the Secretary could achieve a uniform standard of candidate ballot application. But, as can be inferred by the attitude of Director Ingram; she is unlikely even to do that without massive citizen action. And that’s where you come in. If you can get fellow Texas voters to understand all of this election related material then, feeling like you feel now, they will be inspired in sufficient numbers to mobilize to require changes in the administrative procedures currently in place in the Office of the Secretary, including both posting the requested information and, making the rules apply equally to both unaffiliated and party candidates.

Because once we achieve widespread distribution of the information referenced in these complaint letters; no doubt enough voters will become sufficiently mobilized to demand the necessary candidate ballot eligibility legislation.

UPDATE 05.01.12 (15:00 EDT): kjc hand-delivered a follow-up letter to Mr. Ingram’s boss, the Honorable Hope Andrade, Secretary of State of Texas.

View this document on Scribd

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GOOD THING the REPUBLICAN PARTY of TEXAS READS the “jbjd” BLOG

April 19, 2012

© 2012 jbjd

Thanks to the Republican Party of Texas (“RPT”) I am able to amend some misleading information I posted in the previous article, BALLOT ENTITLEMENT LAWS should DISQUALIFY PRESIDENT OBAMA in TEXAS. How they came to aid in this clarification, is a hoot!

On Wednesday, April 18, at around 5:30 PM EDT, I received a call from kjcanon, in TX. “Are you sitting down?” Needless to say, I was by the time I answered her question.

Seems she had just received a call from Mr. Jesse Lewis, who is the Executive Director of the RPT,  concerning her open records request. (She had listed her telephone number on that request.) According to Mr Lewis, the documents she asked for had already been forwarded to the email address she provided, and he wanted to know why she would claim otherwise. Immediately, she thought back to that complaint she had just filed 2 days earlier with AG Abbott, charging that Steve Munisteri, Chair of the TDP, a public official under the Public Information Act inasmuch as he certifies candidate names to the ballot; had refused to produce public records she requested, which were the basis of his certification. Could that office have possibly followed up so quickly? She asked Mr. Lewis what was the source of his information: “…I saw the JBJD (sic) blog…”

Turns out, the RPT had sent the materials on April 5, to the wrong address and then, seeing my blog, on Tuesday, re-sent the materials, again to the wrong address. Finally, after contacting kjc on Wednesday, they got it right. They also asked her to pass on this information to me, which she did. (They didn’t ask her to withdraw the public information complaint she had filed with AG Abbott but she did that immediately, too.)

Here are those RPT emails.

Notice that 2 documents were attached: one, designated “20120405091443653.pdf,” which contained multiple candidate applications to the ballot; and the other designated “order on party conventions.pdf.” This second attachment leads to the other subject raised by Mr. Lewis, which we will discuss first.

As the result of a settlement recently reached among the parties in the TX redistricting lawsuit, the dates were changed for several key party functions during the primary season, including the voting by party members during the actual primary contest and, the holding of the party state convention, which changes now conflicted with existing state statutes. Consequently, the federal district court ruling on redistricting matters (on remand from the SCOTUS) issued several orders with respect to these new dates, in which all such inconsistencies were addressed. (Four such orders were issued between February 28 and March 1!) Here is a snippet from an Order entered on February 28:

d. Sections 163.00, 191.007, and 191.008, Texas Election Code, are suspended for the
purposes of modfications (sic) to party rules made pursuant to this order.

Mr. Lewis, again obviously referencing the article he had read here on the “jbjd” blog, now informed kjc that, according to item “d” of this redistricting court order; the RPT wasn’t required to submit its rules to the SoS by January 5, the date which appears in the statute, in order to preserve the entitlement of their candidates to appear on the ballot, anyway! He would send along that court order for her reference.

Now, having not yet seen any of the documents to which kjc referred, I could only ‘guess’ at why Mr. Lewis was wrong. I reasoned that, obviously, a rule determining federal qualifications was not impacted by a court order necessitating changes in filing deadlines, which, without the court’s exception, would conflict with existing state laws. Then, I saw the order. The modifying language in section “d” makes clear, the only party rules exempted from the deadlines contained in those specific statutes, are those rules which must be modified pursuant to the changes imposed by the order, on the timetable for events occurring during the course of the primary season.  (Perhaps that’s why the RPT entitled that attachment, “order on party conventions.”) There is also this, from SoS Andrade:

All dates, deadlines or requirements not specifically adjusted by the federal court order remain as required under state or federal law. Calendar of Important Dates for Candidates for the 2012 Primary and General Elections

Before I complete the discussion of the rules, I want to focus on the other attachment which came in the mail, the Presidential candidate applications.  According to Mr. Lewis, the applications “are the only documents used to certify these candidates place on our ballot.” So, we looked for something in the form which confirms that the candidate has established meeting “federal” “qualifications.” Here is the form submitted by Charles “Buddy” Roemer.

Notice that this contains an oath or affirmation from the applicant swearing s/he satisfies the Constitutional requirements for the job.

Now, look at the TDP form submitted by Barack Obama (which also appeared on the previous post.)

No such self-authentication. (Had you already noticed that the application form supplied by the TDP contains no such oath or affirmation?)

Either way, neither the RPT nor the TDP can be said to ‘certify’ a Presidential candidate has met federal qualifications when the only basis for that certification is the candidate’s self-authentication.

Anyway, that was just the beginning of our work. On the RPT form, in the upper left corner, I noticed this blurb: Prescribed by the Republican Party of Texas, Rule #38, 10/2011. So, the RPT ostensibly has a rule with respect to establishing a candidate for President is federally qualified? How did we miss that? We searched through the RPT rules (and the TDP rules) for anything containing the numbers “191″ or “192,” the sections of TX statutes dealing with Presidential candidates, and found nothing. Now, we looked at the RPT’s rule 38. Here is the section of that rule relating to the candidates’ applications:

Rule No. 38 – National Convention Delegates and Alternates – Amended February 29, 2012
Section 1. Presidential Primary, Application of Rule

Section 2. Method of Qualifying as Presidential Candidate
a. Filing: Any person eligible to hold the office of President of the United States may qualify to participate as a Presidential candidate in the presidential primary by filing with the State Chairman, not later than 6:00 p.m. the second Monday in December of an odd-numbered year preceding the presidential primary, a signed and acknowledged application for his or her name to be placed on the Presidential Primary ballot, accompanied by a supporting petition signed by a minimum of 300 registered voters of the state from each of a minimum of fifteen (15) Congressional Districts, or the payment of a filing fee of $5,000.

So, yes, both the TDP and the RPT filed ‘rules’ with the SoS by deadlines created either in the statute or through the court order(s). But neither party preserved its entitlement to the ballot by filing a rule that spelled out how it would determine conclusively so as to certify to the Sos; both the Presidential and Vice Presidential candidates are federally qualified for the job.

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BALLOT ENTITLEMENT LAWS should DISQUALIFY PRESIDENT OBAMA in TEXAS

April 16, 2012

CRITICAL UPDATE 04.18.12, 17:59 EDT

at bottom of post

(CORRECTED 06.25.12)

©2012 jbjd

Under Texas law, by failing to file with Texas Secretary of State Hope Andrade the rules adopted by the Texas Democratic Party (“TDP”) to determine that the party’s nominees for President and Vice President are federally qualified for the job; Attorney Boyd Richie, Chair of the TDP, has forfeited the entitlement of the party to have the name of its nominees for those federal offices appear on the 2012 TX ballot. In fact, by failing to provide the candidate qualification rules of the Republican Party of Texas (“RPT”), Attorney Steve Munisteri, Chair of the RPT, has similarly forfeited the entitlement of his party’s nominees for President and Vice President to appear on the 2012 ballot, too.

It’s true; look at the law.

In TX, who determines whether the names of the nominees chosen by a political party, for President and Vice-President of the United States appear on the ballot?

A political party is entitled to have the names of its nominees for President and Vice President of the United States placed on the ballot in a presidential general election if the nominees possess the qualifications for those offices prescribed by federal law. §192.031 PARTY CANDIDATE’S ENTITLEMENT TO PLACE ON BALLOT

But who determines whether the nominee for President is Constitutionally eligible for the job?

The state chair of each political party holding a Presidential primary election shall certify the name of each Presidential candidate who qualifies for a place on the Presidential primary election ballot and deliver the certification to the Secretary of State. §191.003 NOTICE OF CANDIDATES TO SECRETARY OF STATE

How does the state chair determine whether the candidate has satisfied federal eligibility?

The state executive committee of each political party holding a Presidential primary election shall adopt the rules necessary to implement these laws. §191.008 IMPLEMENTATION BY PARTY

How does the SoS know that the party has adopted these rules necessary to verify the federal qualification of the  Presidential and Vice Presidential candidates submitted to that office?

For a political party to be entitled to have its nominees for President and Vice President of the United States placed on the general election ballot in an election year in which the party is holding a presidential primary election, the rules adopted under this section or the rules already in existence must be filed with the secretary of state not later than January 5 of the Presidential election year. Id.

Now, look at the facts.

In 2008, the SoS received from Mr. Richie the list of candidates the TDP wanted the state to print on the TX primary ballot. Here is Mr. Richie’s cover letter, and only the first page of that candidate submission.

(These 2008 records were obtained from the SoS in 2012 during a series of requests for public information, which was delayed due to court redistricting issues that in turn pushed back the date of the primary to May 29 and, therefore, the deadline for party submissions). (The mandatory retention schedule for such records is 2 years unless the records have been the subject of some kind of challenge. We have no idea why the SoS maintained these records for 4 years, but we are glad she did.)

In the cover letter, Mr. Richie explains he is sending this information to the SoS “in compliance with §172.028(a) of the Texas Election Code.” That section, STATE CHAIR’S CERTIFICATION OF NAMES FOR PLACEMENT ON GENERAL PRIMARY BALLOT, is found under TITLE 10, POLITICAL PARTIES, SUBTITLE B. PARTIES NOMINATING BY PRIMARY ELECTION, CHAPTER 172. PRIMARY ELECTIONS. Then, as you can see; in the page that followed, he listed together both the Presidential candidates and the down-ticket candidates, like U.S. Senator and U.S. Representative.

He shouldn’t have.

Title 10 only applies to party candidates chosen via a primary election. And even though the names of both the Presidential hopefuls and these down-ticket offices appear on the same primary ballot; the party nominees for U.S. Senate and U.S. Representative are chosen directly as the result of the primary contest, whereas the nominees for President and Vice President are not. Rather, these are chosen at the party’s Presidential nominating convention. (This is covered in Title 11, in §191.003.) This means, votes cast for the Presidential candidate during the party primary only count for the purpose of the assignment of pledged delegates who will then vote for that candidate at the party’s national convention.

So, is listing the Presidential candidates, covered under 191.003, on the same form as candidates covered by 172.028(a), as cited in Mr. Richie’s letter, just a legal technicality, in other words, a distinction without a difference? Hardly. Here is the text of 172.028(a): “Except as provided…the state chair shall certify in writing for placement on the general primary election ballot the name of each candidate who files with the chair an application…” In other words, to get on the ballot under this section, a candidate need only submit an application. And no law requires the party to adopt rules to carry out the laws in this section. On the other hand, 191.003, printed above, requires the chair to submit only the names of candidates federally qualified for the job. And 191.008 requires the party to adopt rules to ensure the section’s implementation.

Naturally, just because Mr. Richie wrote down the wrong law didn’t mean, he hadn’t carried out the mandate of the right law by verifying the candidates he submitted to the SoS for the 2008 Presidential preference primary ballot were federally qualified for the job. But we know he didn’t verify whether the Presidential nominee wannabes were federally qualified for the job. We also know that Mr. Munisteri, his counterpart in the RPT, didn’t verify Republican Presidential candidates were federally qualified for the job, too. Because we looked it up. That is, we searched the internal rules of the respective parties for references to 191.003.

TDP Rules, 2006-2008: http://txdems.3cdn.net/b365cb3e72bc521333_pom6vdrl3.pdf

TDP Rules, 2012: http://www.txdemocrats.org/wp-content/uploads/2012/2010-2012-TDP-Rules.pdf

RPT Rules, 2008: http://www.1888932-2946.ws/TexasGOP/E-ContentStrategy/userfiles/2008_General_Rules.pdf

RPT Rules, 2011 (Amended for 2012): http://s3.amazonaws.com/texasgop_pre/assets/original/2011RPTRules_Amended.pdf

Lo and behold, we found no such rules. For either party. For the years 2008 – 2012. This means, neither party could possibly have submitted the rules required under 191.003 to the SoS. And, under 192.031, this means neither party is entitled to have the names of its Presidential and Vice Presidential nominees on the general election ballot. It’s as simple as that.

Of course, just because both the TDP and the RPT have lost entitlement to have the names of their nominees for President and Vice President on the general election ballot doesn’t mean that SoS Andrade cannot exercise her discretion to place those names on that ballot or, on the primary ballot, anyway. But she should not. And here’s why.

Notwithstanding neither party promulgated rules as required by law to preserve entitlement for the names of their Presidential and Vice Presidential candidates to appear on the ballot; this does not mean, they didn’t somehow verify their candidates had satisfied federal qualifications for the job. So we submitted a request for the production of documents which were the basis for their ballot certification; to the Chairs of both parties, under the TX Public Information Act.

You might recall we attempted to retrieve documents from Mr. Richie and the TDP in 2010. But notwithstanding under the law the documents requested were pubic records; and the parties, as holders of these records, were public officials; those 2010 requests were ignored. TEXAS TWO-STEP. Maybe it was because we hadn’t spelled out in our request the legal framework which supported our rights to the documents requested. In other words, we hadn’t let him know, we know the law. So, this time, we did. (Citizens shouldn’t have to be lawyers to get their public officials to do their jobs, whether these are unelected officers of a private political club merely fulfilling a public function. Especially when those officials are lawyers, too. Id.) 1) §191.003.  NOTICE OF CANDIDATES TO SECRETARY OF STATE. This law established the Chair had a duty to certify the names of the party candidates to the SoS. 2) §192.031.  PARTY CANDIDATE’S ENTITLEMENT TO PLACE ON BALLOT. This restricts entitlement to be on the ballot to only those Presidential and Vice Presidential candidates meeting federal qualifications for the job. 3) §141.035.  APPLICATION AS PUBLIC INFORMATION. This establishes a candidate’s application for a place on the ballot is a public record on filing. 4) §161.004.  PARTY DOCUMENT AS PUBLIC INFORMATION. This states that any document required to be filed by the party is public information. 5. §161.009.  PARTY OFFICER SUBJECT TO MANDAMUS.  This spells out that when a party officer has a duty to act under the election code; the performance of that duty is enforceable by writ of mandamus in the same manner as if the party officer were a public officer.

Here is the Public Information request letter sent to the RPT.
How did the RPT respond to the request? Attorney Munisteri ignored it. (Kelly has already filed a complaint with AG Abbott.)

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 – (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 “federally qualified.”) (See WILL TX AG ABBOTT PROSECUTE the TDP for VIOLATING the TX PUBLIC INFORMATION ACT?)

which consisted of nothing more than Mr. Obama’s ballot application. (Under §1.012, PUBLIC INSPECTION OF ELECTION RECORDS, you can view this public record by visiting the offices of the TDP.)

In other words, Mr. Richie put the name of Barack Obama on the TX ballot just because he asked him to. As if he was a down-ticket candidate under 172.028(a).

Wherefore, SoS Andrade should exercise her discretionary authority to keep the RPT candidates for President and Vice President off the ballot; not just because they ignored the law requiring rules adopted for candidate eligibility to be filed with her office but also because they ignored the law requiring production of records used for public elections. She should exercise her discretion to keep the TDP candidates off the ballot because they ignored the law on rules and then swore to the SoS, having filed an application to get on the ballot, the candidate was thereby federally qualified for the job

When it comes to exercising her discretion as to whether to allow the Presidential candidates of either of these parties, Republican or Democrat, to appear on the TX ballot; SoS Andrade should come down on the side of the citizens of Texas, and not the political parties.

(H/T to “jbjd” patron kjcanon for her Herculean assistance researching, editing, and thinking out loud.)

CRITICAL UPDATE 04.18.12, 17:59 EDT: I have just been informed of a change of status with regard to the documents requested from the RPT. The post which will print shortly will explain everything. jbjd

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Freedom costs.


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