Sacramento – A legal complaint was served on Obama for America (California) and the California Secretary of State Debra Bowen late Tuesday to keep British-born Barack Obama off the ballot for the Office of the President, because he does not meet the Constitutional requirement of being a U.S. Natural Born citizen according to the Supreme Court precedent Minor v. Happersett. The legal action was filed Jan. 6 in Sacramento Superior Court by a group of 7 ad hoc registered voters including an American Independent Party candidate for President.
Several of the petitioners tried seeking resolution against Obama after the 2008 presidential election, but they were told by the California courts that it was too late to make challenges to Obama’s legitimacy, and that they did not have “standing”.
The Writ requests a temporary restraining order of Respondent Debra Bowen (SOS) to bar Obama on the Democratic Party ballot in the primary and/or General Election until the matter of eligibility and ballot access for Respondent Obama is heard. The Writ also requested a temporary restraining order against Respondent Obama and or his agents associated with the Obama for America California from further fundraising in California until further notice by the court. A final demand was for a permanent Injunction against Respondent Obama and Respondent SOS as to Respondent Obama’s ineligibility, barring him from ballot access.
Seven California voters have drawn up the Writ of Mandate over the absence of Constitutional authority and documentation that Barack Obama is eligible to occupy the Oval Office. No dual nationality citizen has ever been declared a U.S. NATURAL BORN Citizen. The Supreme Court ruled in Minor v. Happersett that a person must be born within the jurisdiction of the U.S. to two U.S. citizen parents and it has been never been overturned. The U.S. Congress in 2009 usurped the U.S. Constitution when they confirmed Mr. Obama for the Office of the Presidency. They attempted to revise the U.S. Constitution without an Amendment by confirming Obama as POTUS.
One of the seven California Petitioners is Edward C. Noonan of Olivehurst, Yuba County, CA. He is currently a 2012 Presidential candidate for the American Independent Party.
The other six California petitioners are Pamela Barnett (Director of ObamaBallotChallenge.com), Sharon Chickering, George Miller, Tony Dolz, Neil Turner, and Gary Wilmott. All seven petitioners are affirmed as Ad Hoc registered voters of California, each self represented without an attorney.
The cause of the petition is that Mr. Barack Obama does not qualify for the Office of President of the United States because both of his parents were not U.S. Citizens at the time of Obama’s birth. Article II of the US Constitution states that only Natural Born Citizens qualify for the Office of President. Barack Obama’s father was a foreign national of Kenya. This disqualifies Mr. Obama to be Commander in Chief as well as POTUS.
Mr. Noonan said, “Mr. Obama cannot be a natural born citizen.” “It doesn’t matter whether or not he was born in Hawaii, it is a fact that his father was not a citizen of the U.S. at the time of Obama’s birth which disqualifies Mr. Obama from holding the Office,” he said.
“I have a right as a Petitioner to have standing and relief with the California Secretary of State’s Elections Division because I am candidate for 2012 Presidential Campaign,” he said. “The California Elections Code Section §13314 guarantees me the right to challenge the qualifications of Mr. Obama.”
He pointed out that Election Code §13314 states the any challenge needs to be before the ballots are printed.
(a)(1) An elector may seek a writ of mandate alleging that an error or omission has occurred, or is about to occur, in the placing of a name on, or in the printing of, a ballot, sample ballot, voter pamphlet, or other official matter, or that any neglect of duty has occurred, or is about to occur.
He also said, “We are attempting to correct the errors, omissions, or other neglects of the SOS that are in violation of the Election Code and the US Constitution.”
Mr. Noonan said, “If Mr. Obama is not a Natural Born Citizen as the US Constitution demands of all candidates for US President to be, then this violates the US Constitution.”
Neil Turner, one of the seven petitioners stated, “They, the Congress, Supreme Court and the White House, in fact apparently conspired to revise the U.S. Constitution without an Amendment, by attempting to eliminate the requirement that a President be a NATURAL BORN Citizen.”
Pamela Barnett, Retired Captain, also one of the seven petitioners said, “The 9th Circuit Court of Appeals told me that I did not have standing to challenge Obama regarding his eligibility after the election in 2008, so I am now part of a legal action to require the California court to rule on Obama’s eligibility for the first time.”
“We have been trying to have Obama’s eligibility heard in court on the merits for 3 years, but citizens were denied standing after the election in 2008. California has a statute that gives us standing before the ballots are printed. We hope that our judge will honor the Constitution and California law and have a fair hearing on the merits and rule on existing Natural Born law,” said Barnett.
“This is about the rule of law. No man should be above it. We need to honor the Constitution,” Barnett said.
Barnett was one of the original litigants in the 2009 legal action Barnett, Alan Keyes v. Obama.
This new, current challenge is only one of the dozens that Mr. Obama is facing across the country regarding his failure to meet the Constitutional requirements for the Office of President of the United States.
Go here to view the complaint.
For more info contact:
Edward Noonan -- 530-845-5186
And visit these websites: