AG ABBOTT OPINES, TX PUBLIC RECORDS LAWS not WORTH the PAPER on which THEY’RE WRITTEN

June 25, 2012

UPDATED 06.26.12: See update at bottom of article.

© 2012 jbjd

Disagreeing with me on a point of legal interpretation doesn’t per se mean you don’t know what you are talking about. But when Assistant AG June Harden rejected Kelly Canon’s complaint that the Texas Democratic Party (“TDP”) had violated the Public Information Act (“PIA” or “the Act”) by refusing to produce certain election-related documents; explaining to Ms. Canon that, political parties are not covered by the Act, well, Ms. Harden had no idea what she was talking about.

For the past 12 years, Harden has been the Senior Managing Attorney for Public Outreach in the Open Records Division of the Office of the Attorney General of the State of Texas. Before joining the OAG, she served as Special Counsel to Senator Gregory Luna of Bexar County.  Id. Ms. Harden received her undergraduate degree from Texas A&M University and her J.D. from Texas Tech University School of Law. Id. She has been working at the AG since December 1995; her current annual salary is $80,000. http://www.texastribune.org/library/data/government-employee-salaries/state-of-texas/june-b-harden/1114680/

Judging by her bona fides; by now, she should know her job in and out. But she doesn’t. And I can prove it. First, some background information, which has been covered in previous articles.

The legal standard for getting the name of the Presidential candidate from the major political party on the general election ballot in Texas is spelled out in §192.031 PARTY CANDIDATE’S ENTITLEMENT TO PLACE ON BALLOT.  The first of four prongs to entitlement is, the person must be “federally qualified” for the job. Id. But no law specifically designates whose responsibility it is to determine either in the first instance, whether the candidate is federally qualified; or, at some point after the political party has electronically submitted the name of the candidate to the Secretary of State (“SoS”) and before she certifies the name to the ballot, whether anyone has previously determined s/he is federally qualified for the job. However, we know that the Secretary does not verify Constitutional eligibility; and so, Ms. Canon determined to find out on what documentary basis both the RPT (Republican Party of TX) and TDP had determined their 2012 Presidential candidates’ federal qualifications. The RPT returned their candidate applications which, like those applications designed by the Secretary for Independent and Write-in candidates, contained the Constitutionally qualified self-affirmation. The TDP returned the candidates’ unauthenticated applications. (See BALLOT ENTITLEMENT LAWS should DISQUALIFY PRESIDENT OBAMA in TEXAS.)

But that’s not what Canon asked for; so she filed a complaint with the AG charging the TDP had violated the PIA. Pending receipt of the actual opinion letter; Ms. Harden telephoned her response.

According to Harden, the TDP is not covered by the PIA. Why? Because, as she told Ms. Canon; under Title 5 of 552.003, Definitions, political parties are not identified as government entities. And, technically she’s right. That is, the TDP is not a government entity. But this fact alone does not end the analysis as to whether the documents requested are covered under the Act. For example, had she read section 552.002; she would have seen this.

Sec. 552.002.  DEFINITION OF PUBLIC INFORMATION; MEDIA CONTAINING PUBLIC INFORMATION.  (a)  In this chapter, “public information” means information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business:

(1)  by a governmental body;  or

(2)  for a governmental body and the governmental body owns the information or has a right of access to it.

This means, even granting that sec. 552.003 of the TX Statutes, Government Code, Title 5, Open Government; Ethics, does not explicitly define the TDP as a government entity; one cannot rightly infer that the documents held by the TDP which were the subject of Ms. Canon’s request and subsequent complaint to the AG for non-compliance; are not public documents under other provisions of the Act. Or that, under another legal scheme, either the party or the documents are not covered by the Act. And they are. For example, look at the Elections Code.

Sec. 191.003: NOTICE OF CANDIDATES TO SECRETARY OF STATE. 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 not later than the 57th day before presidential primary election day.

Thus, in TX, the Presidential candidates representing the major political parties do not apply directly to the Secretary of State (“SoS”) to get their names on the ballot. Instead, they must submit their ballot applications to the chair of the party; and s/he must submit the names of these candidates to the SoS. In other words, under Sec. 552.002, the information “collected, assembled, or maintained” with respect to these applications which are made pursuant to Sec. 191.003, requiring the delivery of the certification of qualified candidates to the SoS; is public information.

But just in case the logic of coverage under the PIA is still unclear; there’s this.

Sec. 141.035.  APPLICATION AS PUBLIC INFORMATION.  An application for a place on the ballot, including an accompanying petition, is public information immediately on its filing.

Indeed; like they had done to several requestors in 2010; the TDP ignored Canon’s first request for documents in 2012, in which she had failed to specify the applicable public records laws.

View this document on Scribd

No; she only received a response after she revised her letter and filed a second request for documents in which she specifically asserted the laws supporting the request.

And she knew if the TDP had any such documents related to the 2012 ballot; these documents would still be held by the TDP.

Sec. 141.036.  PRESERVATION OF APPLICATION.  The authority with whom an application for a place on the ballot is required to be filed shall preserve each application filed with the authority for two years after the date of the election for which the application is made.

However, the party failed to produce the specific documents she requested related to how it had ascertained the candidates’ federal qualification, which refusal had prompted her present complaint to the AG.

Presumably, before Ms. Harden issued her opinion; she researched past opinions issuing on this subject from the office of the AG. We looked; there are none. This means, this was a case of first impression. But this also means that, subsequent complaints as to the refusal of the parties to produce specific election-related information; will be rejected on the grounds of her opinion.

It would appear that AAG Harden repeated the mistakes others have made when interpreting the coverage of the PIA. That is, she was too narrowly focused on the definitions which ruled out political party chairs as ‘public officials,’ ignoring the fact  the section of the law immediately preceding those definitions makes unambiguously clear that documents held by these party officers may still be classified as public records.  Or the fact that other laws may define records as public, making them also subject to the PIA; and spell out that when party officers carry out traditional state functions associated with elections, covered by another section of the law; then, just like other public officials, they can still be ordered to hand over these public records, under an action in Mandamus initiated either by the aggrieved citizen or by the AG.

To say nothing of the fact that the opening provision of the PIA urges its provisions not to be narrowly construed so as to limit public access to records but, on the contrary; to be “liberally construed in favor of granting a request for information.” http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm

But as of now; the erroneous opinion stands.  This means the TDP has the legal obligation to submit the name of a Presidential candidate to the ballot, which name the SoS, who presumes the candidates named by the parties are federally qualified for the job and thus entitled to appear on the ballot; must certify these names to the ballot.  Sec. 192.033. But neither the SoS nor a private citizen has the right of access to the party documents which were the basis for the TDP’s eligibility determination. And the TDP knows this, having been copied on both the complaint and the opinion letter.

Recall that, in the past, the TDP refused to produce documentary evidence of its candidate applications until the requester cited applicable public records and election laws. Until we can reverse Ms. Harden’s patently erroneous legal interpretation of the scope of PIA jurisdiction; how likely do you suppose will be the TDP to voluntarily disclose such eligibility documentation?

And why would the citizens of TX allow to remain intact, a system of elections that presently permits a political party to maintain access to the ballot notwithstanding it cannot produce any documentary evidence to the public or the Secretary, that its candidates satisfy the threshold to entitlement, of being “federally qualified” for the job?

UPDATE 06.26.12: Well, well, well. AAG Harden’s written response arrived; and it’s even ‘better’ in black and white.

View this document on Scribd

See, in addition to memorializing her illogical opinion that, the TDP is not covered under the PIA inasmuch as they are not identified as a “government entity” in the Definitions section of that law; she now preserves for the record her mistaken assertion that the only records covered are those held by entities explicitly defined as ‘government.’ This, of course, leaves out all of those “records” defined in the law as “collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business … for a governmental body and the governmental body owns the information or has a right of access to it.” Id.

But there’s more. Ms. Canon pointed out to Ms. Harden over the phone; she had filed a PIA request with the SoS seeking all documents the TDP had submitted to that office with respect to the federal qualification of the Presidential candidates whose names they provided to appear on the ballot. The SoS complied with this request. That is, they returned a printout of the electronic spreadsheet that had been submitted by the party, containing the candidates’ names. Because that’s all they had gotten from the party.  But apparently, Harden somehow got the idea that, Canon was perhaps complaining, the SoS had received from the party, documents of federal qualification; but had refused to forward to her that documentation! Now, writing the obvious, Harden advised that the SoS is a government entity under the PIA, and suggested Canon could file a PIA complaint against them!

…………………………………………………………………………………………………………………………………………………………….

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REVOLVING DOOR, REVOLUTION, or just PLAIN REVOLTING

February 23, 2011

©2011 jbjd

Ever since Electors elected Barack Obama President of the United States, many of those of you who are convinced he is Constitutionally ineligible for the job, unable to forestall his inauguration, alternatively determined to elect new public officials and enact new laws intending to forestall his election in 2012.  I have rejected this response as taking a sort of ‘revolving door’ approach.   That is, as I have reasoned many times, if we are impotent to get our current elected officials to enforce existing ballot eligibility laws then, we will not achieve a different outcome by electing new officials or writing new laws.

Instead, I have been pushing for citizens in applicable states, that is, states with existing ballot eligibility laws, to file with their A’sG the citizen complaints I drafted charging  various members of the D party committed election fraud by swearing to state election officials in 2008, Barack Obama was qualified for the office of President, without ascertaining beforehand he is a NBC; and, if necessary, to lobby these A’sG to exercise their discretion to investigate these complaints.  What I envision to be a true people’s ‘revolution.’

Now, the official conduct of Texas State Representative Leo Berman (R-Tyler) has necessitated a third description that could be applied to efforts to shore up our electoral process with respect to guaranteeing Presidential candidates are Constitutionally eligible for the job:  just plain revolting.

Rep. Berman recently introduced a bill specifying “the secretary of state may not certify the name of a candidate for president or vice-president unless the candidate has presented the original birth certificate indicating that the person is a natural-born United States citizen.” http://lubbockonline.com/local-news/2010-11-17/birth-certificate-bill-filed-presidential-candidates

Yep; here’s the text of that bill.

http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/HB00295I.pdf#navpanes=0

Right off the top, this wording presents many obstacles to fulfilling the function for which it is ostensibly written. For example, how can a birth certificate identify whether a person is a NBC?  And then, there is this word, “entitled.” In the situation called to my attention in TX, wherein Bob Barr challenged the printing of the names of both the R and D nominees on the ballot, I pointed out, even if one is not entitled to something, this does not mean, one cannot get what he wants, anyway.

Submitted on 2009/09/11 at 22:45 | In reply to juriggs.

If you look at what I posted, I posted all the docs I received from the SoS with respect to the Certifications…5 docs. The Republicans actually used a “form” and I queried the SOS with respect to whether there was a specific “form” required and they responded “no”. The Deomcrats sent in two docs. One, the Official Certification, and the other more of a letter form. I believe the letter was in effect a cover sheet and as much as a form was not required, there was intent to comply with guidance from the State with respect to an “Official Certification”.
I am also reading some stuff into this as both Parties missed the filing deadline. The pre-certification on my site from the republicans is I believe a way of showing thier “intent” to comply with the law which required Official Notification 70 days prior to the election.

redhank: Yes; you are absolutely right. And Libertarian candidate Bob Barr filed a lawsuit arguing both the D’s and the R’s had missed the filing deadline. The court dismissed the case, noting that Barr had waited to file his suit until 2 or 3 days before the absentee ballots, already printed, were scheduled to be sent out. (cite omitted) (The suit would have failed, anyway, because the law merely says, the party is “entitled” to have its nominee on the ballot if it gets the name in on time. This does not mean, the state cannot exercise its discretion to include late names on the ballot, anyway.) ADMINISTRATOR

Again, just because a candidate is not entitled to be on the ballot does not prohibit the state from putting his name there anyway.

To say nothing of the conflict between this proposed change to Texas Election Code 192.033; with  192.031, which section entitles party nominees qualified for office to appear on the ballot.  http://law.onecle.com/texas/election/192.031.00.html And as we have already seen, in 2008, Boyd Richie, Chair of the Texas Democratic Party (“TDP”) swore Presidential nominee Obama was “duly nominated,” making him the qualified nominee.

And did you catch the last line?  ‘Effective date September 1, 2011.’ To paraphrase my Reply to a Comment submitted by gregnh, passing a bill that would alter the 2012 election assumes  the law survives any legal challenges and that regulations/rules instructing the SoS how to carry out this law; take effect in time for the 2012 general election (if not the primary/caucus contests).  (This still does not mean Electors will elect a President who is Constitutionally eligible for the job unless 1) the law (or a law) includes a provision, Electors may only elect a President whose name appeared on the ballot; and 2) the NPVI does not pass.)

But here’s the biggest overall problem I have with Mr. Berman’s ‘efforts’ to shore up the integrity of the election process in Texas:  Texas law already provides ample remedy to redress the fraud from 2008.

As I have detailed in several articles and accompanying Comments, as well as the citizen complaint of election fraud against Boyd Richie, Chair of the TDP:  current Texas state laws offer some of the strongest remedies to the election fraud related to candidate ballot eligibility, that tainted the 2008 election, from subjecting the TDP to the state’s Open Records law to subjecting Boyd Richie to Mandamus.  Just for example, see JUDGE ABBOTT WOULD ORDER TDP CHAIR BOYD RICHIE TO DECLARE PRESIDENTIAL CANDIDATE BARACK OBAMA IS INELIGIBLE FOR THE JOB; CLOWNS to the LEFT of ME; JOKERS to the RIGHT (1 of 2); CLOWNS to the LEFT of ME; JOKERS to the RIGHT (2 of 2); OPEN LETTER to GREG ABBOTT, ATTORNEY GENERAL of TEXAS; A ROADMAP to ELECTION FRAUD in TEXAS in the 2008 PRESIDENTIAL (ELECTORS) ELECTION; TEXAS TWO-STEP; REMEMBER the ALAMO?; and IDIOMS!.

So, we have 3 approaches to fixing our electoral process so as to ensure the Constitutional eligibility of our Presidential nominee.  Let’s compare and contrast their success.

The revolving door policy has resulted in the election of several new state (and federal) officials.  But none of them has publicly raised the issue of election fraud viz a viz ballot eligibility.

Several hundred citizens from 6 (six) states have downloaded and filed my citizen complaints.  But their conduct can hardly be characterized as revolutionary when, ignored by their A’sG, they have not publicly petitioned for a fair hearing on the steps of their state seats of government.  Ha, I cannot even persuade citizens in all 50 states to examine their own laws so as to determine whether they are applicable states for my citizen complaints!  Worse, azgo looked up laws in some other states and was able to identify AL and MO are applicable states – this information first appeared on this blog months ago now – yet no one from MO or AL has contacted me to get the ball rolling in either of those states!

Then, there’s Mr. Berman’s flawed proposed legislation which, according to the article in Lubbock Online, likely won’t pass, anyway.

These are bills that Berman has unsuccessfully filed in previous sessions.

In the 2007 session, for example, then Rep. David Swinford, R-Dumas, chairman of the House State Affairs Committee, single-handedly killed all of Berman’s bills on the advice of Texas Attorney General Greg Abbott.

Committee chairmen have the power to kill bills they consider harmful to the state. Swinford killed Berman’s bills because Abbott advised him that if the Legislature passed them, they would not survive court challenges and the state would spend millions of dollars on legal fees, like California did in the mid-1990s.

(So much for my idea of inviting suit by any candidate aggrieved as to the state’s definition of who is (Constitutionally) “qualified” for office and, therefore, may have his name printed on the ballot; so as to fix on a legally binding definition of NBC!)

Oh, and for your information, Representative Berman just became a member of the House Elections Committee!

http://www.house.state.tx.us/members/member-page/?district=6

Revolting.

Given my extensive research into and knowledge of these issues in general and TX law in particular, perhaps citizens in Tyler, TX, the district represented by Mr. Berman, can suggest that if he is determined to propose new laws to address candidate eligibility, he should review the provisions in HOW to WRITE SMART CANDIDATE ELIGIBILITY LAWS in your STATE (and make applying to get on the ballot harder than applying to get into Harvard).

Or, Tyler residents could ‘vote with their feet.’  Because besides being the simplest and quickest means to the eligibility end, I am still convinced, carried out as I envision, it will work.

Here is the last paragraph in that Reply to gregnh I posted earlier:

On the other hand, if even one AG in a state with an existing ballot eligibility law, however flawed, acted to initiate an investigation pursuant to one citizen complaint of election fraud, then once the targeted D could not come up with a reasonable basis for swearing Obama was Constitutionally eligible for the job in 2008, this alone would signal the end to Obama’s candidacy, even without an ensuing prosecution for election fraud, or the enactment of any other laws. ADMINISTRATOR


BACK UP, BIRTHERS!

October 12, 2010

© 2010 jbjd

COPYRIGHT WARNING

and

CONSUMER ALERT!


This is a copyright warning and consumer alert to the owners and readers of any of the following internet sites: americangrandjury; americanthinker; butterdezillion; canadafreepress; citizensagainstproobamamediabias; citizenwells; devvykidd; fellowshipofminds; freerepublic; logisticsmonster; obamareleaseyourrecords; oilforimmigration;  sodahead; theconservativemonster; thedametruth; theobamafile; thepostemail; therightsideoflife; washingtontimes; and westernjournalism and and wnd (both Bob Unruh’s bloviating babies).

You have been made accessories after the fact to the theft by JB Williams of  original work produced by and copyrighted to me, “jbjd” and posted on the “jbjd” blog but which work he stole without my prior notice or approval and has been illegally distributing under his name ever since.  Adding insult to injury, having only stolen the work but not bothered to learn what it meant, Mr. Williams misrepresented to his audience what it meant.  As a consequence of his subterfuge,  dozens of blog owners ostensibly motivated by their heartfelt desire to teach others about our electoral process; and hundreds of thousands of citizens ostensibly trying to learn about our electoral process by reading these blogs, have been distributing and consuming false information Mr. Williams wrongly extrapolated from my work.

Worse, crediting this narrative knock-off, citizens have been traveling up blind alleys trying to figure out the fraud that tainted the 2008 election cycle when collectively, they could have been taking positive steps I already laid out to redress the illegal fraud I had previously identified, years ago now, which action would help to prevent its recurrence.  In wasting their time and effort in this way, they have been paying for his crime ever since.

Evidence of the Theft

On August 13, 2009 I posted IF DROWNING OUT OPPOSING FACTS IS “un-AMERICAN” THEN IGNORING UNPLEASANT FACTS MUST BE un-AMERICAN, TOO on my blog, “jbjd.” This article was inspired by  comments from the Honorable Nancy Pelosi, Speaker of the U.S. House of Representatives, to USA Today, describing boisterous dissent at town hall meetings leading up to the vote on Obamacare as “un-American.”  (“Drowning out opposing views is simply un-American. Drowning out the facts is how we failed at this task for decades.”)  The article focused on the contradiction between 1) Ms. Pelosi’s Certification that Obama was a Natural Born Citizen, and Obama’s statement on “Fight the Smears” that he is only a “native”; and between 2) communications from members of Congress to their constituents claiming that Obama is eligible to be President because Annenberg Political Fact Check says he is, and the fact I exposed that APFC does not check facts, which I documented in RUMORS, LIES, AND UNSUBSTANTIATED ‘FACTS’ posted 4 (four) days earlier, on August 9, 2009.

As background, I parenthetically reminded readers, saying Obama was “duly nominated” or was “Constitutionally eligible for the job” was a distinction without a difference.

(In some states, like TX and GA, the law requires that the party candidate must be Constitutionally eligible for the job.  But even in these states, no provision of law requires anyone in government to check.  DNC rules dictate that the candidate for the Democratic nomination for President “shall meet those requirements set forth by the United States Constitution and any law of the United States.”  http://s3.amazonaws.com/apache.3cdn.net/3e5b3bfa1c1718d07f_6rm6bhyc4.pdf (p.14, K.1 and 2).  Thus, identifying under oath that BO was the D party nominee was tantamount to swearing, he is a NBC, anyway.)

To show this difference, I posted images of 2 (two) DNC Certifications of Obama’s Nomination submitted to election officials in SC and HI, both of which had been available individually on the internet for more than 8 (eight) months by that time, since 2008. And, consistent with my writings on the 2008 election cycle since before the August 2008 DNC nominating convention, in which I emphasized that elections are a state by state affair conducted according to individual state laws; I repeated that the difference in wording found in these 2 Certifications was only attributable to the individual requirements of election laws passed in each state. I pointed out according to the election laws in HI, the party must explicitly write this Constitutional eligibility into their Certification.  But again, this difference in the wording of the Certifications was not the point of the article.  Signing two different Certifications was not a problematic ‘fact’ because as I explained, saying either “duly nominated” or “Constitutionally eligible” meant, he is a Natural Born Citizen.

But introducing the side-by-side images of these Certifications in this August 2009 article, I wrote this line:  “In HI, just identifying the name of the nominee does not guarantee his name will be placed on the ballot.  No;  in order to get BO’s name on the ballot in just that state, NP also had to swear he was Constitutionally eligible for the job.”  Unfortunately, JB Williams misconstrued that throwaway line to mean, ‘NP failed to Certify Obama’s Constitutional eligibility for President in 49 states but did Certify his eligibility in HI because HI law required the Party to swear the nominee was Constitutionally qualified.’  Of course, he got it all wrong.  As you know, saying “duly nominated” by the DNC means, saying he is a NBC.  Because DNC rules require the nominee to be a NBC.  (Maybe I should have said, “in just that state, NP also had to explicitly swear he was Constitutionally eligible for the job.”  In other words, under HI election law, just swearing he was “duly nominated” without explicitly writing he was “qualified” under the “Constitution” would not have been enough to get election officials to print his name on the ballot even though Certifying he was “duly nominated” still meant, he was “Constitutionally eligible for the job.”)

And as I was to learn from ongoing research only several days later, that additional explanation still would have been wrong.  Anyone who reads my blog regularly knows, just a couple of weeks after I posted the August article containing the images of the HI and SC Certifications, I posted  UP to HERE in ELECTION FRAUD in SC, FROM the CHAIR of the 2008 DNC CONVENTION to the CHAIR of the DNC, the article that explained election law in SC also requires explicit eligibility language to accompany the submission of candidate names to election officials to print on the ballot.  In other words, HI is not the only state whose election law requires an explicit statement that the candidate is qualified for the job before election officials will print the candidate’s name on the ballot.  So, why wasn’t this explicit language in the SC Certification of Nomination?  Well, as I pointed out in the SC article, this specific eligibility certification in SC was accomplished even before the nominating convention in August 2008, way back in November 2007, in time for the Presidential preference primary.  Because under SC law, candidates who want their names to appear on the party’s primary ballot must register directly with the party! This meant, in SC, Obama’s Constitutional eligibility had to be sworn to by the party, back in November 2007 in time to have election officials print his name on the D Presidential preference primary ballot.  So, in SC, Kathy Hensley, Treasurer of the SC Democratic Party, explicitly swore Obama (and Biden and Clinton…) was Constitutionally eligible for the job, in 2007.  (I obtained these primary documents working with a reader of my blog from SC, who spoke with an official from the SC Election Commission to answer ‘my’ questions.)

On September 11, 2009, playing on the words of the titles of my preceding 2 articles, JB Williams published, “The Theory is Now a Conspiracy and Facts Don’t Lie,” in Canada Free Press, the neo-Nazi rag which lists him as a “Partner” (along with Douglas Hagmann of Northeast Intelligence Network (“NEIN” for “No” in German, get the ‘joke’?)).   Evidently seeing these dual HI and SC Certifications for the first time, Mr. Williams now hyperbolically announced to the world:

…They snuck it past fifty state election commissions, congress, the US Supreme Court and Justice Department, the Federal Elections Commission and countless members of the Electoral College nationwide. Not a single member of the, as Limbaugh says, “drive-by media” caught it either, or if they did, they decided to become complicit for their own political reasons.

But as is always the case with liars, cheats and thieves, they slip up Ð make a silly mistake Ð overplay their hand Ð leave evidence lying around that they had forgotten about. And as with all chronic liars, they eventually get caught in their own web of lies.

Then, one day, someone stumbles into that evidence, and the house of cards comes crashing down around them. It’s almost poetic…

…Last, the fact that TWO DNC Certifications exist, both signed, dated and notarized by the same individuals on the same day, means that a very real conspiracy to commit election fraud was underway, and since it took until six months after the election to uncover it, the conspiracy was indeed successful.

http://www.canadafreepress.com/2009/williams091209.htm

(How many mistakes of fact were you able to count in just these quoted lines?)

(Note to JB Williams:  The Federal Election Commission (“FEC”) is only legally authorized to oversee campaign finance and not candidate eligibility for office.  http://www.fec.gov/)

Immediately, the thief was confronted with the facts, readers detected his theft from my blog and opposed his wrong interpretation of the meaning and significance of these dual Certifications.  How do we know?  Because they told him, in writing, and urged him to refer his readers to my blog, reporting I had been working on these issues for some time, and could accurately explain their meaning in context.

From markcon:

Please give credit where it is obviously belongs: https://jbjd.wordpress.com/
for the correct meaning and interpretation that he has studied for almost a year now and also how to act on it.

Posted by markcon  on  09/10  at  08:51 PM | #

From Paralegal:

Mr. Williams
Please follow the enclosed link. There is a movement just
started to file complaints with State Attorney Generals
about this very problem. A model complaint, prepared by an attorney, has been prepared which can be used in every state, with corrections that will apply to your state of filing. Please take a look, and it could be the subject of a future article. Here is the link:
https://jbjd.wordpress.com/
Thanks for the article, great work.

Posted by Paralegal  on  09/12  at  02:52 PM | #

More from markcon:

people pay attention. the site where these 2 files were borrowed with no credit given is https://jbjd.wordpress.com/ Please give credit where it is obviously belongs: https://jbjd.wordpress.com/
for the correct meaning and interpretation. jbjd has studied for almost a year now and also how to act on it.

Posted by markcon  on  09/12  at  08:14 PM | #

Again from markcon:

MR. Williams,
You stated “I had NO knowledge of the site you reference until AFTER the release of your column. NO knowledge of this site whatsoever.”
I was not implying that you did!
I was referring to the anonymous reader that sent them to you, and the possible idea of fraud that came with it, if any. I commend you on being able to take the initiative and investigate. I am sure your readers understood that point and I thought you did too because you so generously let me post the site https://jbjd.wordpress.com/ where people can take advantage of research that has been done in this area for almost a year now.

I am in no way part of that blog- just a fan.
And as a fan I wanted to point to a blog where I think in my opinion is more detailed and corrects some wrong conclusions on your part and others new come to the issue.

I hope you take advantage of well thought out research and possibly report on https://jbjd.wordpress.com/ work especially in the states of Hi and TX. since the report would be on jbjd there would be no issues and would be a great follow up to your column because I am sure you would agree that there are others like you concerned about fraud.
The NH investigation is a red herring and will give msm a chance to say the issue has been settled even though NH has no such law.

Thanks again for posting my comment about https://jbjd.wordpress.com/ and I am sorry if there was any misunderstanding.columns like yours that are concerned about fraud only want the truth and by posting my comment you showed that you cared enough to show the path to that truth.

From azgo:

Go here, jbjd has been diligently working on this and other things for quite some time. See “MODEL COMPLAINT OF ELECTION FRAUD TO STATE ATTORNEYS GENERAL”. Please read the other posts by jbjd.
https://jbjd.wordpress.com/
(Note – The bold lettering may show and somehow got messed up today in the model letter to the Texas Attorney General. jbjd is working on fixing this.)

The Texas chair of the Texas Democratic Party used his letterhead on practically the same letter and as jbjd has noted in the model letter to the Texas Attorney General. Texas election code requires the state political party chair to certify the names of the nominees for POTUS and “the nominees possess the qualifications for those offices prescribed by federal law”. Please note that the notary’s date of the “27 day of August, 2008”.
http://falseflagrag.wordpress.com/2009/08/30/texas-general-election-certifications/official-tdp-cert/

Posted by azgo  on  09/10  at  04:09 PM | #
http://www.canadafreepress.com/index.php/site/comments/the-theory-is-now-a-conspiracy-and-facts-dont-lie/P318/

Obviously, given azgo’s information that only Boyd Richie, Chair of the Texas Democratic Party (“TDP”) signed the Certifications that went to election officials in TX, and not Nancy Pelosi, he was wrong when he told readers, Nancy Pelosi signed Certifications in all 50 states!  And he could have easily checked, because azgo also informed him, those TX documents were the basis for the citizen complaint of election fraud to TX AG Abbott I had posted on my blog and made available to readers for download and sending, free of charge. But by this time, Mr. Williams was too invested in the notoriety he had begun receiving for posting my work, to admit culpability for his crime.  So, he never corrected the mistakes he had incorporated into his faulty analysis of the work I had created which he re-posted under his name.  He couldn’t now post these corrections, or direct readers of his plagiarized column to my blog and the TX complaint I had posted there specifically for their use and which could prove effective against the state party chair; without giving away he had stolen his column from me!

So, how did Mr. Williams respond to these numerous charges, he had stolen my work?  He now claimed he had just received the two differently worded Certifications “anonymously.”  (Later on, he claimed, he still had not found the time to authenticate the HI document.  Thus, he posted these documents from an ‘anonymous source’ without authentication, and then based his conclusions on these images.  Some researcher!)

Fallout From the Theft

Meanwhile, all of those other sites that had posted JB Williams’ work and, like him, failed to credit me or, follow my blog, not only missed out on the truth FOR ONE WHOLE YEAR but also wasted their time and energy on a wild goose chase dependent on the differences in Certifications, instead of pursuing the mechanism I had created on my blog that would allow citizens to go after those members of the D Party who committed election fraud in applicable states.

Especially hard hit was butterdezillion.  In September 2010, she credited JB Williams with writing the definitive article in CFP on the 2 different Certifications of Obama’s Nomination; and she, too, repeated the lie, HI is the only state that requires explicit Certification of Constitutionality to get on the ballot.  Just like the response triggered when JB Williams stole my work, now, one year later, when butterdezillion credited his theft of that same work, she, too, was bombarded with writers informing her, this was my work all along.  And it didn’t mean what JB Williams said it meant.  Additionally, I contacted her and demanded a retraction.  Now, unlike Mr. Williams, she did alter her credits to reflect, the research that produced these Certifications was mine.  (In fact, I had not originally obtained either document.  The SC Certification was on the internet.  The HI Certification came from Justin Riggs.  I only put them side by side to visually demonstrate the differences.) (More on my collaboration with Justin later…) However, like JB Williams, as she had failed to study my work, she now incorrectly told her readers what this research means.

You have to see how far behind the curve she – and her readers – remain in September 2010.  (Note the added ‘mention’ of the election law in SC.)

Outstanding research by blogger jbjd here, here, here, and here, with summary here, showed that Nancy Pelosi and Alice Travers Germond , as representatives of the Democratic National Committee, had signed one Certificate of Nomination for Obama and Biden that was sent to 49 states, and another that was sent only to Hawaii. Only the certificate sent to Hawaii included a statement that Obama and Biden were Constitutionally qualified to serve as President and Vice-President.

That certificate of nomination for Hawaii is the ONLY statement in this nation signed by somebody besides Obama which claims that Obama is Constitutionally eligible to be President. (Note: I am currently checking into whether the South Carolina Democratic Party also signed a statement of Constitutional eligibility. Will update later if this paragraph needs to be edited.) Contrary to arguments that Congress certified Obama’s eligibility when they certified the results of the electoral vote, neither representatives of Congress nor any Secretary of State has signed a legal document saying that Obama is eligible. This one oath by Pelosi and Germond is the only legal claim that Obama’s eligibility was verified.

http://butterdezillion.wordpress.com/2010/09/09/certificate-of-nomination-summary/

And responding to a reader comment, she writes,

I also saw something about the SC Democratic Party certifying eligibility; I think I’ve seen jbjd write about that. I need to check that out and update the post to reflect that the SCDP also certified eligibility…

But not surprisingly, as of now, despite her ‘conscienscious’ words, she has failed to “check that out and update the post to reflect that the SCDP also certified eligibility…”  Because just like the alternative confronting Mr. Williams, if she corrects her work in 2010 based on work previously processed on my blog beginning in 2008; what does this say about the caliber of her work?  Better to leave her readers in the dark…

Not understanding my work or the context of these Certifications, she, too, invented a cottage conspiracy industry related to the mistaken uniqueness of the HI Certification of Nomination, with a twist.  See, she uses the fact the DNC Certification of Nomination contains the line that Obama is Constitutionally eligible for the job; to support her argument, the HI D Party refused to put that line in their state Certification because they knew Obama is not a NBC.  How does she know this?  Well, she retrieved both the DNC and the HI D Party Certifications for 2000, 2004, and 2008.  In 2000, the DNC document began without the eligibility line, which was obviously typed in after the original document was completed.  The HDP document in 2000 contained the same eligibility line.  In 2004, the DNC document did not contain the eligibility line; the HDP document did.  In 2008, the DNC document did; the HDP document did not.

butterdezillion points out all of the variables were the same – the election law was the same, Brian Schatz was the HI D Party Chair; and Joseph Sandler was the General Counsel to the DNC – and argues, on this basis, one would expect that the Certifications would have been processed in the same manner.  Since they were not, she concludes, Mr. Schatz “refused” to swear to Obama’s Constitutional eligibility for President because he knew the man was not a NBC.

Only, she is wrong.  For one thing, all of the material variables were not the same.  But that fact has not stopped the ‘usual suspects’ from piggy-backing on her mistakes.  Even worse, her work now specifically contains a reference to research done by “jbjd,” thus arguably giving the false impression, again, my work is the basis for her soon-to-be-exposed-as-discredited findings.

Basically, here is her argument.  Looking at the dates of these Certifications, she found, in 2000, the DNC Certification was dated 08.17.00; HDP 09.08.00.  In 2004, DNC 07.29.04; HDP 08.31.2004.  In 2008, DNC 08.28.08; HDP 08.27.08.  Following is her invented rationale as to what happened in 2008:

So instead of acting independently a month after the National Convention and confirming Constitutional eligibility as in the past, the HDP acted before the Convention to take out the eligibility language from their standard certificate, signed it, and gave it to Joe Sandler before Pelosi had signed anything – signaling to the DNC that they were not going to certify eligibility. They coordinated their efforts with Joe Sandler, who sent both documents together to the HI Elections Office. Apparently Sandler, Pelosi, and Germond all knew that Hawaii’s special certification was necessary because the HDP refused to certify Obama’s eligibility.

Let me just point out one of butterdezillion’s most glaring mistaken presumptions.  Joseph Sandler did not submit both the DNC and the HDP documents “together” to the HI Elections Office.   (This probably explains why his cover letter only references the DNC Certification and not the HDP Certification, and why he uses the word “Certification,” in the singular.)  And how do I know this?  Because way back in January 2009, I asked the HI Election Office.  That is, I asked Justin Riggs to ask them.

See, in December 2008 I learned that Justin Riggs had been corresponding with elections officials in various states asking them to provide the paperwork submitted by the D and R parties to get their respective Presidential nominees on the general election ballot.  Justin posted his paperwork.  I looked at the HI documents – these are now posted on my web site, along with Justin’s correspondence – and had questions.  So, I asked Justin to ask HI election officials, since he had already established a rapport. Especially I was interested in learning when they had received these Certification documents.  Because among those documents I got from him were just the DNC Certification; the HDP Certification; and the HDP cover letter.  Joseph Sandler’s cover letter was missing.  And as you can see from the documents posted on butterdezillion, his cover letter is the only one with a ‘date received’ stamp.

(Actually, the 2008 documents butterdezillion posted on her blog in September 2010 are linked to this blog, http://moniquemonicat.files.wordpress.com/2008/12/hawaii-response.pdf, where they were first posted almost 2 (two) years ago.  The date, January 06, 2009 01:17p in the upper left corner, designates a FAX transmission.)

Mr. Sandler’s cover letter, dated August 28, was stamped received by the HI Elections Office on September 03.  And that cover letter was the only one of those DNC/HDP Certification documents received by the HI Election Commission for Obama that received a Date Stamp.  Consequently, as the documents I received from Justin did not contain Mr. Sandler’s cover letter, none of his documents had a stamp evidencing it had even been received by the HI Elections Office!  But obviously, the documents were received, as election officials did print Obama’s name on HI’s general election ballot.  (The date these documents were received didn’t matter, for the same reason, that is, I knew they had been received in time.)  Just to satisfy my curiosity, I asked Justin to ask officials how they received these DNC and HDP documents.  Here is his reply to me.

jbjd,
Here you go… it looks like the HI Democratic party forwarded both documents to the Elections Office.
Hope that helps. Keep me posted on your progress.
Justin—
From: Carolyn.L.Roldan@hawaii.gov <Carolyn.L.Roldan@hawaii.gov>
Subject: Re: Response to December 12, 2008 Request
To: “Justin Riggs” <juriggs@yahoo.com>
Date: Friday, March 6, 2009, 1:44 PM
Dear Mr. Riggs,
Both documents were forwarded by the Democratic Party of Hawaii.

Sincerely,

Kevin B. Cronin

Now that I see Mr. Sandler’s cover letter, Mr. Cronin’s answer makes even more sense.  That is, between his use of the singular “Certification”; and the delay between the date his letter was written and the date this was received by the HI Election Office’ it would make sense that the DNC gave the documents to the HDP who then forwarded these to the HI Elections Office.

When butterdezillion wrote her ‘seminal’ Certification article on September 10, 2010, she knew none of this.  Thus, based on her faulty assumptions about how the DNC and HDP letters of Certification reached the HI Election Office, she asks, “The question that begs an answer is: Why did the Hawaii Democratic Party refuse to certify Obama’s eligibility as they had always done to successfully place presidential candidates on the ballots before?”  And answered it with that contrived story.

A more plausible answer as to why the HDP did not add the line about Constitutional eligibility in 2008 like they had in 2004 and 2000 likely could come from anyone reading the work produced on my blog.  Here’s a hint:  what information highlighted in COUP (2 of 3) and (3 of 3) led to my conclusion, Obama and the DNC had identified which Clinton pledged delegates were from vote binding states?  Yep; it’s those state Delegate Selection Plans.  As I told you, provisions in the DNC Model Delegate Selection Plan for 2006 required, in order to obtain final approval from the RBC for state delegate selection plans for use in the 2008 election cycle, state parties were required to submit those plans to the RBC accompanied by all state statutes reasonably related to the delegate selection process. (Emphasis added by jbjd.) http://s3.amazonaws.com/apache.3cdn.net/e824f455b24c7782dc_jjm6ib44l.pdf In this way, the DNC could monitor any idiosyncratic requirements in individual states so as to ensure Obama’s name would qualify to get onto every general election ballot.

I assumed this provision was not included in the 2002 DNC model delegate selection rules to be used in the 2004 election, and that’s why the HI state party (and, presumably, state parties in other states) handled their special Certifications on their own.  Finally, I had time to check my hypothesis; and I was right.

View this document on Scribd

In other words, where changes would be required in the language of the Certification of Nomination to satisfy the law of individual states, in 2006, the DNC began assuming responsibility for all such changes.

And that would explain why in 2008 the HDP did not certify Obama’s Constitutional eligibility for office but the DNC did.

Conclusion

Just because I believe no documentary evidence available in the public record can establish Barack Obama is a U.S. citizen, let alone natural born; does not mean, I buy into every speculative conspiracy theory on the subject polluting the blogosphere.  No; I still want back-up material that would tend to support any such claims.  And claims once supported by such material which are later de-bunked with newer information, I want to be tweaked or rescinded altogether.  But that’s just me.  Sure, I make mistakes; but I never try to bolster my popularity to the detriment of my readers!  (Word to the wise:  if a particular blog continues to post uncorroborated and unsubstantiated conclusions as fact, consider whether you would be better off going elsewhere for your ‘news.’)

To everyone who steals my work, listen:  I have already outed the illegal fraud related to Obama’s Constitutional eligibility for office which occurred during the 2008 election cycle, and prescribed remedies that can produce results now.  But first, people have to pursue those remedies, which requires understanding our electoral process.  The ‘nuts-and-bolts’ information provided on my blog tells you everything you need to know to file citizen complaints of election fraud, in applicable states.  Of course, if you have questions, ask me!  (fellowshipofminds picked up on butterdezillion’s now discredited conspiracy theory in HI.  Eventually, s/he notified readers, s/he received an email pointing out, I have already conducted extensive research on these issues and posted citizen complaints of election fraud for applicable states, in the sidebar on my blog.  But in an incredibly blatant act of hubris, now that this new correspondence has effectively established, the work produced on fellowshipofminds is fatally misinformed; s/he advises readers, ‘Visit jbjd’s blog to get those complaints in the sidebar and if you have any questions, come back here to ask me!’)

My blog competes with these several sites preoccupied with self-notoriety through posting glitzy salacious ‘discoveries’ about anything remotely connected to that election, even re-casting issues already de-constructed on my blog, years ago.   If only these other sites would at long last shift their focus toward learning the ins and outs of our electoral process by actually reading my blog, including the Comments – some of the best work is carried out in interactions between my readers and me – instead of re-inventing the wheel.  Then, when they understand that process, they could demonstrate a bona fide commitment to fixing our electoral system by spearheading massive citizen action in just one state, say, TX, aimed to persuade AG Abbott to follow through on the more than 100 citizen complaints of election fraud filed against Boyd Richie, the D state chair who signed and submitted to state election officials the sole Certification of Obama’s Nomination, which got them to print his name on the general election ballot…

P.S.  What does arouse my suspicion in HI is the ‘coincidence’ that Mr. Schatz, Chair of the HDP, taught in Kenya and went to school there, in the early ’90’s…  What are the odds?

http://www.ourcampaigns.com/CandidateDetail.html?CandidateID=10197

NOW, LOOK WHAT YOU MADE ME DO!

August 4, 2010

The President is scheduled to visit Texas on August 9, 2010.  But Boyd Richie, Chair of the Texas Democratic Party (“TDP”) knew by July 31 he would be unable to attend a fundraising soiree with Mr. Obama at Austin’s Four Seasons Hotel due to other non-specified commitments.  In fact, he could not only not sit down to dinner with the Commander in Chief, but he was even too busy for an Air Force One touchdown meet-‘n-greet.

“Texas Democratic  candidates distance themselves from Obama”

…State Democratic Chairman Boyd Richie said the party is focused on ousting Perry and other Republican incumbents in Texas, adding that “D.C. politics” and the 2012 presidential election aren’t on the radar. “Texans are patriotic people and proud to support our president, but at the end of the day, we’ve been winning Texas elections on Texas issues, and that will again be the case this November,” Richie said.

Say what?

Best of the Blogs, a site which describes itself as an on-line community for progressive bloggers, calls it more directly like it is.

“Democrats Run From Obama”

…But the other statewide candidates are running away from President Obama like he had a combination of ebola and swine flu, and they could catch it just by being caught in the same county as the president. They may be running on the Democratic ticket, but they’d just as soon the voters of Texas forgot that when they go to the polls in November.

http://bestoftheblogs.com/Home/31852

But I think these reports of Mr. Richie dissing the POTUS based on his unpopularity, either in Texas or throughout the whole United States, miss the point.

Mr. Richie only became Chair of the TDP in June of 2006.   http://www.burntorangereport.com/showDiary.do?diaryId=1052 And look at what Mr. Obama has put him through in that brief time.

One-and-a-half years after becoming Chair of the TDP, Mr. Richie swore to election officials the candidate satisfied the requirements of the Office of President of the United States in order to get them to print his name on that state’s Democratic Presidential Preference Primary ballot.  http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.191.htm#191.003 Because under Texas law, the candidate must be eligible for office to appear on the ballot.  http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.192.htm#192.031

In March 2008, Hillary Clinton won the Texas primary.  Voting remained so close in subsequent contests that DNC Chair Howard Dean suggested Texas superdelegates could wait until July 1, a date by which all of the primary and caucus contests would be over, to weigh in on which nomination they would support at the August 2008 DNC Services Corporation Presidential Nominating Convention.  http://www.dallasnews.com/sharedcontent/dws/news/politics/state/stories/DN-superdelegates_24pol.ART.State.Edition1.46d87b8.html But Mr. Richie and his wife, Betty, both superdelegates, jumped the gun, announcing on May 29 that in 3 (three) months they had decided to vote in favor of Mr. Obama’s nomination.  http://www.burntorangereport.com/diary/5867/

Just days later, the Richies had to realize they had made a terrible mistake.

In the beginning of June, with rumors swirling that Barack Obama, the Democratic Presidential nominee wannabe failed to satisfy the Constitutional eligibility requirement of natural born citizen; the candidate launched a new electronic advertising campaign with the slogan “Fight the Smears.”  On the web site of that same name, Robert Gibbs, then Communications Director for the candidate’s political campaign, posted an image of a mock-up of a ‘document’ labeled “Certification of Live Birth,” accompanied by copy proclaiming this image proved his client was at least  “native” born.  Presumably, being a long time politico familiar with the rigors of federal laws with respect to political campaign advertising, Chairman Richie, even before reading the attribution in the FTS footer, could recognize this was campaign advertising.  Being a lawyer, Attorney Richie was surely able to discern the legal distinction contained in an admission the candidate is a “native” citizen from the threshold Constitutional requirement of “natural born.”

Yet despite knowing he’d been ‘had,’ 3 (three) months later, after Mr. Obama was handed the nomination, Attorney Richie, a member in good standing of the Texas state bar, again swore to state election officials the nominee was Constitutionally qualified for the job in order to get Mr. Obama’s name printed on the general (Electors) election ballot.  And for almost the next year, he managed to get away with this lie.  Until the fall of 2009, when citizens began contacting AG Abbott with complaints charging that he had committed election fraud in order to get the state to print Mr. Obama’s name on its ballot and then, that he had violated the Texas Open Records law by refusing to provide requested documentation which was the basis for that eligibility certification.  https://jbjd.wordpress.com/2010/03/24/open-letter-ag-abbott-tx/

Of course, Mr. Richie had no documentation which was the basis for Mr. Obama’s eligibility certification.

Given these circumstances, who could blame Mr. Richie now for refusing to give Mr. Obama the time of day?  On the other hand,  Dave Montgomery, the reporter for the Star-Telegram, hints the President’s unpopularity explains Mr. Richie’s snub.  Someone should contact Mr. Montgomery to report the more likely reason why.  dmontgomery@star-telegram.com


“WHAT GOES AROUND COMES BACK AROUND”

July 6, 2010

© 2010 jbjd

Dear Attorney General Abbott:

I recently learned you had written a letter to the President of the United States, complaining that unlawful conduct is taking place in the sovereign state of Texas, and urging federal intervention by the Obama Administration to bail you out of a law enforcement problem you concede is beyond your control.  In hyperbolic language which might nonetheless sometime ring true, you plead “…our state is under constant assault from illegal activity…  The time for talk has passed.  The time for action is now.  The need is urgent.  The threat demands immediate and effective action by your Administration…”

http://www.oag.state.tx.us/oagNews/release.php?id=3372

On behalf of the citizens of the Lone Star State, I want to point out the perverse irony in this situation.

Remember these? 

View this document on Scribd
Or these? 
View this document on Scribd

If the plea for government intervention were addressed not to Mr. Obama, head of the Executive branch of the federal government, which is responsible for enforcing immigration laws, but instead, to you, the chief law enforcement official in the state; and the unlawful conduct which is at the heart of your entreaty – undocumented immigration – were substituted for the unlawful conduct at the heart of those entreaties for your assistance, which is that Boyd Richie, Chair of the Texas Democratic Party committed election fraud to get Barack Obama’s name printed on the Texas ballot in 2008; your letter to him would look very much like their letters to you!

They write songs about just such situations.

Sincerely,

jbjd


IDIOMS!

April 12, 2010

View this document on Scribd

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Freedom costs.


JUDGE ABBOTT WOULD ORDER TDP CHAIR BOYD RICHIE TO DECLARE PRESIDENTIAL CANDIDATE BARACK OBAMA IS INELIGIBLE FOR THE JOB

April 7, 2010

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?

UPDATE 05.04.12: Events in 2012 have mooted out much of this piece. Specifically, Boyd Richie has now produced the 2012 candidate application submitted by Barack Obama, which contained neither evidence of Constitutional eligibility nor a self-affirmation from the candidate. But as it turns out; SoS Andrade wasn’t putting either the D or the R Presidential nominees on the ballot because, having established federal eligibility, they were entitled, under the law. Indeed, TX law does not require Presidential eligibility to appear on the ballot. Rather, having determined on her own that federal eligibility was a prerequisite for both Independent and Write-in Presidential candidates getting on the ballot; she was either exercising her discretion to assume federal eligibility of party candidates; or, merely applying a different eligibility standard for these affiliated candidates. TEXAS, WE HAVE A PROBLEM.

UPDATE 04.08.10: I have revised the Texas citizen complaints of election fraud against Boyd Richie to AG Abbott and request for investigation; to reflect the information contained in this article.  These complaints can be downloaded from the sidebar but, please, before filling in your (real) name  and (Texas) address and forwarding a complaint to Mr. Abbott, make sure you have read it completely and understand thoroughly what you are signing.  As always, if you have any questions, come back here.  (And, by all means, feel free to contribute to the work that goes on here by clicking on a PayPal button and donating accordingly.)

View this document on Scribd

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Freedom costs.


CLOWNS to the LEFT of ME; JOKERS to the RIGHT (2 of 2)

March 31, 2010

 

In Clowns to the Left of Me; Jokers to the Right (1 of 2), we examined TDP v. RPT, learning that under Texas law, if the ineligibility of a candidate for public office is “conclusively established” then, the state Chair of that party is authorized to declare the candidate is ineligible.  Further, if the candidate’s name was previously submitted to the SoS to be placed on the ballot, the state Chair can now compel the SoS to remove that ineligible name.  (And if the Chair of another state party has a problem with this, s/he can sue to enjoin both the opposing Chair and the SoS from effecting this ‘disqualification.’)

The section of the law referenced in TDP v. RPT – Texas Election Code §145.003(f) – allows a party chair to declare a candidate ineligible.  But it does something else.  Here is the text of that provision and provision (g):

(f)  A candidate may be declared ineligible only if:

(1)  the information on the candidate’s application for a place on the ballot indicates that the candidate is ineligible for the office;  or

(2)  facts indicating that the candidate is ineligible are conclusively established by another public record.

(g)  When presented with an application for a place on the ballot or another public record containing information pertinent to a candidate’s eligibility, the appropriate authority shall promptly review the record.  If the authority determines that the record establishes ineligibility as provided by Subsection (f), the authority shall declare the candidate ineligible. (Emphasis added.)

Did you catch that?  If the authority – that would be, the party Chair – determines the candidate’s ineligibility is conclusively established by another public record, s/he shall declare the candidate ineligible.  Not may declare; or has discretion to declare; but has no other choice but to declare, the candidate is ineligible for the job.

Presumably, Chairwoman Benkiser determined the public record conclusively established Mr. DeLay was ineligible, based on those documents he submitted to her evidencing his current legal residency in Virginia.  So, as required by this law, she declared him, ineligible.

Does this provision mean, if Chairman Richie never “determines that the record establishes ineligibility,” he will never be obliged to declare, Barack Obama is ineligible? Absolutely not.

Recall from the first installment of “Clowns…,” who was responsible for petitioning the court to order the RPT (and the Texas SoS) to leave the name of Tom DeLay on the 2006 Congressional (mid-term) ballot in the first place.  That’s right; Attorney Boyd Richie, Chair of the TDP.*  I have no idea what prompted his involvement in this fight.  Surely, Mr. Richie knew Mr. DeLay had won the R primary; he could assume the RPT had submitted Mr. DeLay’s name to the SoS for placement on the ballot.  Presumably, he had heard Mr. DeLay announce soon after winning the primary, he had decided not to run for re-election.  Mr. Richie could anticipate the RPT would try to remove his name from the ballot and replace it with a more suitable candidate.  But RPT Chair Benkiser did not declare Mr. DeLay ineligible and seek to have the SoS remove his name from the ballot until receiving his VA documents, in May.  And that’s when Mr. Richie made his move.  How do you suppose he knew what Ms. Benkiser was up to?  Did she notify the TDP of her intentions?  Did the SoS receive the RPT de-certification and contact the TDP?  (If you Texans are curious, you can use the open records law to ask the SoS to produce any and all correspondence in whatever form, to and from both the RPT and the TDP between March 1, 2006 and June 30, 2006 inclusive, related to the eligibility of Tom DeLay to appear on the ballot.  (For template, see the link to the records request previously submitted to Mr. Richie for any and all documents that were the basis of his Certification of Barack Obama’s eligibility. https://jbjd.wordpress.com/2010/02/25/roadmap-tx-election-fraud-2008/ , under 6.))

Regardless how the TDP found out the RPT wanted to change the ballot; the point is this.  The TDP anticipated or knew the RPT intended to find Mr. DeLay ‘prospectively ineligible,’ and affirmatively set out to prevent both the RPT and the state from taking his name off the ballot.  And why wouldn’t they?  Obviously, running an ineligible candidate for the R team, means an almost certain win for the D’s! Which leads to this question.

If someone wanted to prevent the TDP from putting the name Barack Obama on the ballot in the 2012 Texas primary or general election, why not take a lesson from them?  (Note, in Texas, the party is responsible for submitting the names of candidates qualified to enter the primary.  (http://www.sos.state.tx.us/elections/candidates/guide/demorrep.shtml))

I have spelled out in the citizen complaints of election fraud to AG Abbott the overwhelming circumstantial evidence that supports the charge, Boyd Richie swore to state election officials Presidential wannabe Barack Obama was eligible for the job without ascertaining beforehand he is a Natural Born Citizen.  Using much of that same evidence, I can argue persuasively to the court that official public documents conclusively establish Barack Obama is ineligible to hold the office of President.  (In a later post, I will present the formalized legal argument in support of the claim, under Texas law, the record conclusively establishes Mr. Obama’s ineligibility.)

Assuming the court can be persuaded the record conclusively establishes Mr. Obama’s ineligibility, Texas election law leaves Chairman Richie with no other choice but to declare him ineligible. But what if after all this, Mr. Richie still refuses to declare him ineligible?

Well, remember, there’s always §161.009, which subjects the party chair to the legal cause of action called mandamus.  http://law.onecle.com/texas/election/161.009.00.htmls (I mentioned this on drkate’s Revolution Radio, Part III.)  Mandamus allows the court – the judicial branch of government – to order members of the executive branch of government – and, in Texas, political party Chairs – to perform their ministerial functions, as spelled out in law – legislative  branch – which law, in this case, says Mr. Richie must declare Mr. Obama ineligible.

I cannot be the only person who has figured this out.

Indeed, given the facts that copies of the citizen complaints of election fraud to AG Abbott have been mailed to the RPT (and the RNC); that the laws in TX require a party Chair to declare a candidate ineligible when such ineligibility is conclusively established in the record, and subject party Chairs to Mandamus; and that the TDP has already successfully petitioned the court to keep the RPT and the SoS from taking the name of Congressional candidate Tom DeLay off the ballot; why hasn’t the RPT expended similar efforts to prevent the TDP and SoS from putting the name of Presidential candidate Barack Obama, on?

I don’t know; do you?

And, to use a colloquialism, why hasn’t the RNC or any aspiring R Presidential candidates put their dog in the hunt?  After all, if Barack Obama is ineligible to get his name printed on the ballot in one applicable state, then…

Perhaps because both the RPT and the RNC are embroiled in more pressing matters than fighting to preserve and protect the integrity of election ballots in Texas.

Ms. Benkiser stepped down as Chair of the RPT in September 2009 to work as a Senior Adviser on Governor Perry’s re-election campaign, and was replaced by Cathie Adams. http://www.dallasobserver.com/2009-10-29/news/texas-gop-shifts-even-further-right-with-new-chair-cathie-adams/ Before this, Ms. Adams successfully campaigned to become an RNC Committeewoman.  She was endorsed by conservative stalwart, Phyllis Schlafly, Eagle Forum National President.  “Cathie Adams is a leader in the battle for God, Family and Country. She is extremely capable and I am confident that she would excel as Republican National Committeewoman.” http://www.cathieadams4rnc.com/

One of Ms. Adams’ first priorities was to spearhead a campaign on behalf of conservative members of the party, to get the RNC to pass a resolution renaming the DNC, the Democratic Socialist Party.  In the spring of 2009, nearly 3 (three) years since TDP v. RPT was decided; several months after President Obama took the oath of office; Ms. Adams and RNC Chairman Michael Steele were interviewed by Neil Cavuto from FOX.  Obviously straining to keep a straight face, Mr. Cavuto asked whether the Committeewoman’s crusade to rename the DNC detracted from real efforts at problem solving.

Ya think?

_______

* Here are the attorneys representing the parties, and the interested parties (other candidates, for example, not directly involved in the case but whose interests the court wanted to hear by granting their requests to introduce briefs in amici curiae, or friends of the court.) Chad Wilson Dunn (argued), Brazil & Dunn, Martin Jonathan Siegel (argued), Watts Law Firm, Houston, TX, Mikal C. Watts, Watts Law Firm, Corpus Christi, TX, Richard A. Grigg, Law Offices of Dicky Grigg, Cristen D. Feldman, Crews & Elliott, Austin, TX, for Plaintiffs-Appellees.  (That’s Boyd Richie as Chair of the TDP.)

James Bopp, Jr. (argued), Raeanna Sue Moore, Bopp, Coleson & Bostrom, Terre Haute, IN, for Benkiser.  (Defendants-Appellants.)

R. Ted Cruz, Office of Sol. Gen., TX, Austin, TX, Amici Curiae for Williams.

Andrius R. Kontrimas, Jenkins & Gilchrist, Houston, TX, Amicus Curiae for Wallace for Congress.

Susan L. Hays, Curran Tomko Tarski, Dallas, TX, Amicus Curiae for 68th Texas Legislature.

http://openjurist.org/459/f3d/582/texas-democratic-party-v-j-benkiser

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Freedom costs.


CLOWNS to the LEFT of ME; JOKERS to the RIGHT (1 of 2)

March 29, 2010

And I am still here, stuck in the middle with you.

A couple of weeks ago, I posted a heated comment on S o S.  I was completely responsible for the tirade; but it wasn’t all my fault.  I had just learned that a 2006 legal case out of Texas set the precedent for a successful court challenge which could have  blocked that state from printing the name of Barack Obama on their 2008 primary or general election ballot.  And, adding insult to injury, I discovered that Attorneys Orly Taitz and Gary Kreep knew about this case at the time of Mr. Obama’s inauguration.

Still, re-visiting my convoluted explanation proved, I should not post when I am angry.

Today’s post  provides a calmer and more comprehensive lay explanation of the seminal role that case, Texas Democratic Party (“TDP”) v. Republican Party of Texas (“RPT”) 459 F.3d 582 (2006) could have played before now to correct some of the infirmities we have identified with the process that got the name Barack Obama printed next to the D on the ballot in the 2008 Presidential (Electors) election in Texas; and the role it can still play to forestall these same problems in 2012.  First, a brief history of the case.

TDP v. RPT

When Tom DeLay (R-TX) won the primary in March 2006 to get his name written next to the R on the Texas ballot, again, the chances that in the November election he would lose the seat he had held representing the 22nd District since 1984 seemed little to none.  “But that was before Tony C. Rudy, his former deputy chief of staff, pleaded guilty to conspiracy and corruption charges, telling federal prosecutors of a criminal enterprise being run out of DeLay’s leadership offices.”  In March 2006, Mr. DeLay announced, he would soon resign from Congress. DeLay to Resign from Congress Now, according to that Washington Post article, “under Texas law he must either die, be convicted of a felony, or move out of his district to be removed from the November ballot.”

Close, but no cigar.

In May, Mr. DeLay sent a letter to Ms. Tina J. Benkiser, Chair of the RPT, advising he had established legal residency in Virginia.  As proof, he provided copies of his VA driver’s license; VA voter registration; and employment withholding form reflecting VA as his residence.  Texas Election Code §145.003(f) allows a party Chair to declare a candidate ineligible.  So, based on Mr. DeLay’s public announcement he would not seek re-election; and the receipt of these VA documents, Ms. Bensiker declared candidate DeLay ineligible to run for Congress.  Under TX law, only the names of eligible candidates may be printed on the ballot. However, before the SoS could remove Mr. DeLay’s name from the TX ballot, Attorney Boyd Richie, elected one month earlier as Chair of the TDP filed suit in state court to halt such action, arguing the RPT had no authority under either Texas state election law or the Qualifications Clause of the U.S. Constitution to determine the winner of the R primary was now ineligible to participate in the November election.  Defendant RPT removed the case to federal district court in Texas, taking advantage of procedural rules that allow cases relying on both state and federal law, to be heard in federal court.

(When a federal court hears a case that is based on both a federal and a state cause of action, the court deliberates on the state issues according to the law in that state.  Thus, in effect, for the purpose of ruling on whether the RPT had violated the TX statute allowing political party Chairs to determine candidate eligibility, the court looked at both the state (TX) law and any state (TX) cases decided under that law, honoring the jurisprudential principle of stare decisis, that is, ruling on subsequent cases consistent with rulings in former cases.  This meant, the ruling issued by the federal district court in Texas based on state (TX) law, could only be used as precedent in subsequent cases heard in Texas, in either state or federal court, involving state (TX) law.  On the other hand, the ruling in federal district court on the issue of the federal Qualifications Clause; could be ported into both federal and state courts in other jurisdictions.)

The federal district court found that the RPT had violated both state (TX) and federal law; ruled it could not determine Mr. DeLay was ineligible; and permanently enjoined the SoS from removing Mr. DeLay’s name from the November ballot.  The RPT appealed; the federal appeals court upheld the lower court’s ruling.  Here is a summary of that decision.

Standing

First, the court found the TDP had standing to bring the case.  It reasoned, if the RPT was allowed to replace Mr. DeLay’s name with the name of another candidate on the ballot; then mounting a new campaign against this new opponent would impose an economic “injury in fact” on the TDP.  This injury was “redressible” and, indeed was redressed by the court through an injunction prohibiting the SoS from removing Mr. DeLay’s name from the ballot.  Also, if the RPT replaced Mr. DeLay with a stronger candidate against the D candidate, the D’s could suffer a real loss of power, another particularized factor in standing.  Plus, the court found the TDP had “associational” standing, meaning, pursuing the case did not require the participation of affected individuals, that is, a specific D candidate disadvantaged by the RPT’s conduct.  The court explained, after the primary, the candidate and the party have identical interests, that is, getting the candidate elected. (The court pointed out, of course, if Nick Lampson, the D candidate for Mr. DeLay’s seat, wanted to bring this case, he had standing to do so, too, based on these same reasons.)

Qualifications Clause

The Constitution requires the candidate for Representative must live in the state at the time of the election.  The court agreed the RPT could not know prospectively whether Mr. DeLay would satisfy this residency requirement.   By determining in May he was not eligible, the court said Ms. Benkiser had unlawfully created a “pre-election inhabitancy requirement” not found in the U.S. Constitution.

Texas Election Law

This is the money holding.  The language here will inform how to bring the case that will prevent the state of Texas from printing the name of Barack Obama on the 2012 Presidential (Electors) ballot.  (Remember, we only elect Electors in the general election; but even the D’s would not steal the election for Barack Obama at the level of the vote of the Electors, in December, when people believe they elected the President in November’s general election.  See NEVER LESS THAN a TREASON (2 of 2).)

Here is the complete section of the court’s decision dealing with the TDP’s charges, the RPT violated TX election law.  (I have omitted all annotations, which can be accessed in the link provided to the appellate case, above.)

Apart from the federal constitutional questions, this case presents a state-law statutory question. For the purposes of this section, we assume arguendo that it would be constitutional for a state actor to make pre-election, prospective judgments about residency and that Benkiser in fact made such a judgment. Even granting those assumptions, the RPT’s declaration of ineligibility would violate Texas law because DeLay’s future residency was not conclusively established by public record.

DeLay’s Future Inhabitancy Was Not “Conclusively Established”

Although the public records relied on by Benkiser may have conclusively established DeLay’s present residency in Virginia, they did not conclusively establish whether he will inhabit Texas on election day. Proof of DeLay’s present residency may suggest where he will be in the future; however, it does not put the matter beyond dispute or question.

Benkiser relied on three public records to declare DeLay ineligible:

1) DeLay’s Virginia driver’s license;

2) DeLay’s Virginia voter registration; and

3) An employment withholding form reflecting DeLay’s Virginia residence.

These documents do not conclusively establish whether DeLay will be an inhabitant of Texas on November 7, 2006. DeLay could be a current resident of Virginia, as the documents above provide, and nonetheless move back to Texas before November 7. Indeed, Benkiser admitted in her testimony that the public records could not prove DeLay’s residency on election day and that DeLay could move back to Texas before election day.

Information that was before Benkiser showing DeLay’s eligibility supports this conclusion. Benkiser had before her DeLay’s original candidacy application, in which he swore that he was eligible for office. In terms of the Qualifications Clause, such a declaration necessarily contained an implicit promise that DeLay would be an inhabitant of Texas on election day. It is also likely that Benkiser knew—because the RPT confirmed his eligibility in prior elections—that DeLay had been an inhabitant of Texas for decades. Under these circumstances, the public records provided by DeLay could not have conclusively established his future residency. Predicting DeLay’s future inhabitancy would have required a finding of fact, which the RPT had no authority to make. See, e.g., In re Jackson, 14 S.W.3d at 848-49.

The RPT argues against this analysis on several grounds, none of which is persuasive. First, relying on the language of the statute (“another public record”), the RPT contends that “one … public record is sufficient for a declaration of ineligibility.” If this is true, the RPT contends, surely three public records are sufficient. This argument ignores § 145.003’s second requirement: that ineligibility must be conclusively established. Put another way, any number of public records may be sufficient only if they meet the “conclusively established” burden. Such is not the case here.

Second, the RPT relies on Nixon v. Slagle, 885 S.W.2d 658, 659 (Tex App.-Tyler 1994, orig. pet.), for the proposition that a prospective candidate’s voter registration form showing residence outside the jurisdiction in question is sufficient to conclusively establish ineligibility. The RPT’s argument ignores a key difference between Nixon and the case at bar. Nixon involved Texas’s state residency qualification for a state senate seat, which required a candidate to be a resident of the relevant district for a year preceding the election. See Tex. Const. art. III, § 6. Therefore, the question in Nixon was the location of the candidate’s current residence for state constitutional purposes, 885 S.W.2d. at 662, not (as here) DeLay’s future inhabitancy for federal constitutional purposes. The latter issue is speculative and cannot be proven conclusively by a voter-registration form showing current residence.

Third, the RPT cites Jones v. Bush, 122 F.Supp.2d 713 (N.D.Tex.2000). Its reliance on that case ignores that Jones did not involve Texas’s state-law “conclusively established” standard. In addition, the RPT’s use of Jones obscures that Jones‘s discussion of inhabitancy was in reference to present, not future, inhabitancy. Jones‘s definition of the term “inhabitant” cannot make the RPT’s effort to predict DeLay’s future any more definitive. Contrary to the RPT’s suggestion, this Court cannot “presume that DeLay will remain an inhabitant of Virginia;” rather, the fact must be conclusively established by public record under Texas law. It is not.

In conclusion, DeLay’s future inhabitancy could not be determined conclusively without a finding of fact. His election-day inhabitancy outside Texas was not beyond dispute or question. Thus, Benkiser violated §145.003 by declaring DeLay ineligible.

In other words, under Texas elections law, if a party Chair can conclusively establish in advance of the day of the election that, based on the record, a Congressional candidate will not satisfy the residency requirement under Article I section 2 of the U.S. Constitution, s/he may determine the candidate is ineligible for office and cause the SoS to remove the name of that candidate from the ballot.  But this advance determination of ineligibility could not be “conclusively established” under the set of facts of this case.  However, establishing Presidential eligibility under the Qualifications Clause in Article II section 1 need not await the day of the election.  After all, a candidate for President cannot acquire the status of “natural born citizen” prospectively or retroactively.

And, while the Chair of the political party is not a fact finder under the law for the purpose of determining whether a candidate is eligible for the office sought; s/he may find ineligibility where this status is conclusively established in the record.

In CLOWNS to the LEFT of ME; JOKERS to the RIGHT (2 of 2), I construct the legal case that will enable those Plaintiffs with standing in Texas to establish, they have found the fact of the ineligibility of candidate Barack Obama conclusively established in the record.

(to be continued)

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Freedom costs.


A ROADMAP to ELECTION FRAUD in TEXAS in the 2008 PRESIDENTIAL (ELECTORS) ELECTION

February 25, 2010

If you have been unable up until now, to wrap your brain around the election fraud that occurred in the 2008 Presidential (Electors) Election in applicable* states like Georgia, Hawaii, Maryland, South Carolina, Texas, and Virginia, among others; well, this picture showing how that fraud was carried out in Texas is worth a thousand words.

As you follow this roadmap to fraud, keep in mind:  if Barack Obama failed to satisfy the eligibility requirements to get officials to print his name on the ballot in the state of Texas then…

*Applicable states for the purpose of charging election fraud in the 2008 election are those states whose laws only allow the names of qualified candidates to appear on the ballot.

Concept:  http://jeffersonsrebels.blogspot.com

Layout & Design:  https://jbjd.wordpress.com and http://jeffersonsrebels.blogspot.com

Text:  https://jbjd.wordpress.com

(c)  All Rights Reserved

View this document on Scribd

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Freedom costs.

 

*Applicable states for the purpose of charging election fraud in the 2008 election are those states whose laws only allow the names of qualified candidates to appear on the ballot.


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