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Mississippi Democratic Party Argue They Have No Duty To Determine Candidates Eligibility
Birther Report
5/4/2012
Excerpt:
Mississippi Democratic Party Argues They Have No Statutory Duty To Determine Candidates Eligibility And Mississippi Elections Officials Don't Have Jurisdiction Over Qualifications For Presidential Candidates
Taitz, et al v Mississippi Democratic Party, et al - Mississippi Obama Ballot Challenge -
District Court for the Southern District of Mississippi - 5/4/2012
Excerpts from Mississippi Democratic Party Committee's brief:
MISSISSIPPI DEMOCRATIC PARTY EXECUTIVE COMMITTEE’S MEMORANDUM BRIEF OF AUTHORITIES IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS
THE SUIT IS TIME BARRED UNDER MISSISSIPPI ELECTION LAW
Plaintiffs’ FAC seeks to challenge the qualifications of President Obama as a candidate running on the general election ballot for President in 2012. Plaintiffs rely on Miss. Code Ann. § 23-15-963. However, Section 23-15-963 only applies to independent (not political party) candidates who qualified for office by obtaining the signatures of qualified electors on a petition. President Obama, who is seeking the Democratic nomination, would not even be subject to this statue since he is not running as an independent.
PLAINTIFFS LACK STANDING
The claim attacking Obama’s qualifications to run in the Mississippi presidential preference primary or appear on the general election ballot should be dismissed because, except for Fedorka, none of the Plaintiffs are qualified electors of the State of Mississippi, and therefore lack standing to bring this action in the Circuit Court of Hinds County or this Honorable Court. Section 23-15-961 provides that “any party aggrieved by the action or inaction of the appropriate executive committee” may file a petition for judicial review in the circuit court, as the exclusive procedure for challenging a candidate running as a party candidate. Likewise, Section 23-15-963 affords “any party aggrieved” by the inaction or action of the appropriate election officials the right to file a petition for judicial review in the circuit court. There is simply no way any of the nonresident Plaintiffs can be an aggrieved party or otherwise have standing.
PLAINTIFFS FEDORKA, ROTH, LAX AND MACLERAN’S FAILURE TO FILE ANY PETITION WITH THE MDEC BARS THEIR ACTION
Only Plaintiff Taitz even attempted to adhere to the procedure for challenging a candidate seeking public office by claiming to have filed a petition with the MDEC. The other Plaintiffs did not “appear” until their names were included in the FAC.
THE MISSISSIPPI DEMOCRATIC PARTY HAS NO STATUTORY DUTY TO DETERMINE PRESIDENTIAL CANDIDATE QUALIFICATIONS
Under Miss. Code Ann. §23-15-1089, responsibility for placing President Obama’s name on the primary ballot is vested in the Mississippi Secretary of State, not the MDEC. In that regard, the Secretary of State is required by law to place each “generally recognized” candidate on the presidential primary ballot. Clearly, President Obama is a nationally recognized candidate. Section 23-15-1089 does not require either the Secretary of State or the MDEC to review whether a generally recognized candidate meets the federal constitutional specifications to be president, such as whether a candidate is a natural born citizen.
MISSISSIPPI ELECTION OFFICIALS HAVE NO JURISDICTION OVER THE QUALIFICATIONS OF CANDIDATES FOR PRESIDENT OF THE UNITED STATES
Mississippi election officials have no jurisdiction over the subject of a candidate’s eligibility under the U.S. Constitution for the office of President of the United States.
MOOTNESS/RIPENESS
To the extent Taitz or the other Plaintiffs continue to challenge President Obama’s placement as a candidate on the March 13, 2012 presidential primary ballot, the action is moot because the election has already taken place.
PLAINTIFFS ARE NOT ENTITLED TO DECLARATIONS OR INJUNCTIVE RELIEF AS A MATTER OF LAW
Plaintiffs’ request for declaratory or injunctive relief preventing President Obama from placement on the ballot fail as a matter of law. Plaintiffs seek (1) a declaratory judgment “deeming Barack Obama not eligible to be on the ballot as a candidate for the U.S. Presidency due to fraud, lack of eligibility and use of forged identification papers”; and (2) an injunction “preventing Secretary of State from placing Obama’s name on the ballot in the general election and de-certifying/annulling all votes for Obama in the primary election.” See FAC (Docket No. 1-1) at 43. Both forms of requested relief are unavailable to Plaintiffs as a matter of law, as previously articulated, and for the reasons set forth below.
A. Plaintiffs’ legal claims purporting to expand the Constitutional requirement that the President be a “Natural Born Citizen” fail as a matter of law ...
READ THE COMPLETE BRIEF BELOW AND HERE: http://www.scribd.com/doc/92452473/T...-Mississippi-5
MDP ALSO ATTEMPTS TO STAY DISCOVERY: http://www.scribd.com/doc/92455261/T...overy-5-4-2012
View the complete Birther Report presentation at:
http://obamareleaseyourrecords.blogs...ty-argues.html
Birther Report
5/4/2012
Excerpt:
Mississippi Democratic Party Argues They Have No Statutory Duty To Determine Candidates Eligibility And Mississippi Elections Officials Don't Have Jurisdiction Over Qualifications For Presidential Candidates
Taitz, et al v Mississippi Democratic Party, et al - Mississippi Obama Ballot Challenge -
District Court for the Southern District of Mississippi - 5/4/2012
Excerpts from Mississippi Democratic Party Committee's brief:
MISSISSIPPI DEMOCRATIC PARTY EXECUTIVE COMMITTEE’S MEMORANDUM BRIEF OF AUTHORITIES IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS
THE SUIT IS TIME BARRED UNDER MISSISSIPPI ELECTION LAW
Plaintiffs’ FAC seeks to challenge the qualifications of President Obama as a candidate running on the general election ballot for President in 2012. Plaintiffs rely on Miss. Code Ann. § 23-15-963. However, Section 23-15-963 only applies to independent (not political party) candidates who qualified for office by obtaining the signatures of qualified electors on a petition. President Obama, who is seeking the Democratic nomination, would not even be subject to this statue since he is not running as an independent.
PLAINTIFFS LACK STANDING
The claim attacking Obama’s qualifications to run in the Mississippi presidential preference primary or appear on the general election ballot should be dismissed because, except for Fedorka, none of the Plaintiffs are qualified electors of the State of Mississippi, and therefore lack standing to bring this action in the Circuit Court of Hinds County or this Honorable Court. Section 23-15-961 provides that “any party aggrieved by the action or inaction of the appropriate executive committee” may file a petition for judicial review in the circuit court, as the exclusive procedure for challenging a candidate running as a party candidate. Likewise, Section 23-15-963 affords “any party aggrieved” by the inaction or action of the appropriate election officials the right to file a petition for judicial review in the circuit court. There is simply no way any of the nonresident Plaintiffs can be an aggrieved party or otherwise have standing.
PLAINTIFFS FEDORKA, ROTH, LAX AND MACLERAN’S FAILURE TO FILE ANY PETITION WITH THE MDEC BARS THEIR ACTION
Only Plaintiff Taitz even attempted to adhere to the procedure for challenging a candidate seeking public office by claiming to have filed a petition with the MDEC. The other Plaintiffs did not “appear” until their names were included in the FAC.
THE MISSISSIPPI DEMOCRATIC PARTY HAS NO STATUTORY DUTY TO DETERMINE PRESIDENTIAL CANDIDATE QUALIFICATIONS
Under Miss. Code Ann. §23-15-1089, responsibility for placing President Obama’s name on the primary ballot is vested in the Mississippi Secretary of State, not the MDEC. In that regard, the Secretary of State is required by law to place each “generally recognized” candidate on the presidential primary ballot. Clearly, President Obama is a nationally recognized candidate. Section 23-15-1089 does not require either the Secretary of State or the MDEC to review whether a generally recognized candidate meets the federal constitutional specifications to be president, such as whether a candidate is a natural born citizen.
MISSISSIPPI ELECTION OFFICIALS HAVE NO JURISDICTION OVER THE QUALIFICATIONS OF CANDIDATES FOR PRESIDENT OF THE UNITED STATES
Mississippi election officials have no jurisdiction over the subject of a candidate’s eligibility under the U.S. Constitution for the office of President of the United States.
MOOTNESS/RIPENESS
To the extent Taitz or the other Plaintiffs continue to challenge President Obama’s placement as a candidate on the March 13, 2012 presidential primary ballot, the action is moot because the election has already taken place.
PLAINTIFFS ARE NOT ENTITLED TO DECLARATIONS OR INJUNCTIVE RELIEF AS A MATTER OF LAW
Plaintiffs’ request for declaratory or injunctive relief preventing President Obama from placement on the ballot fail as a matter of law. Plaintiffs seek (1) a declaratory judgment “deeming Barack Obama not eligible to be on the ballot as a candidate for the U.S. Presidency due to fraud, lack of eligibility and use of forged identification papers”; and (2) an injunction “preventing Secretary of State from placing Obama’s name on the ballot in the general election and de-certifying/annulling all votes for Obama in the primary election.” See FAC (Docket No. 1-1) at 43. Both forms of requested relief are unavailable to Plaintiffs as a matter of law, as previously articulated, and for the reasons set forth below.
A. Plaintiffs’ legal claims purporting to expand the Constitutional requirement that the President be a “Natural Born Citizen” fail as a matter of law ...
READ THE COMPLETE BRIEF BELOW AND HERE: http://www.scribd.com/doc/92452473/T...-Mississippi-5
MDP ALSO ATTEMPTS TO STAY DISCOVERY: http://www.scribd.com/doc/92455261/T...overy-5-4-2012
View the complete Birther Report presentation at:
http://obamareleaseyourrecords.blogs...ty-argues.html