9th Circuit Court: SOS has right to remove ineligible POTUS candidates from ballot

[bsteadman]

9th Circuit upholds the decision of the lower court which states that the Secretary of state has jurisdiction and right to remove from the ballot Presidential candidates, who are not constitutionally eligible

TaitzReport.com
Orly Taitz, Esq.
5/6/2014

Excerpt:

View the complete post, including links, at:

http://www.orlytaitzesq.com/9th-circ...stitutionally/

[bsteadman]

BAN: 9th Circuit Upholds Removal Of Ineligible Candidate; What About Obama?

BAN: 9th Circuit Upholds Removal Of Ineligible Candidate; What About Obama?

Birther Report
5/7/2014

Excerpt:

Ninth Circuit Slipshod Opinion Upholds California Secretary of State’s 2012 Decision to Bar Peta Lindsay from Peace & Freedom Party Primary Ballot

Richard Winger | Ballot Access News

On May 6, the Ninth Circuit issued a six-page opinion in Lindsay v Bowen, 13-15085, that manages to obscure, rather than illuminate, the issue of when and how a state election official can determine the constitutional eligibility of presidential candidates. The decision upholds the Secretary of State’s decision to bar one of the Peace & Freedom Party’s presidential candidates from the party’s presidential primary.

In 2012, the Peace & Freedom Party submitted a list of presidential candidates for placement on the party’s presidential primary ballot. The Secretary of State refused to list Peta Lindsay because she was under age 35. There is no California statute that gives the Secretary of State any authority to decide which presidential candidates are constitutionally eligible. There was no declaration of candidacy for Lindsay or any other presidential candidate to sign.

During 2008 and 2012, when challenges to the eligibility of John McCain and Barack Obama were made, the California Secretary of State said that she had no authority to evaluate the constitutional qualifications of presidential candidates. The only distinction made in the Ninth Circuit opinion between those instances, and the Lindsay instance, is that Lindsay admitted she didn’t meet the constitutional qualifications. One wonders, then, how the case would have turned out if Lindsay had insisted that she was old enough. One wonders if the Secretary of State would have accepted her claim at face value, or whether the Secretary of State would have sought Lindsay’s birth certificate. [...] Continued @ Ballot Access News.

View the complete Birther Report presentation at:

http://www.birtherreport.com/2014/05...emoval-of.html