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Georgia Judge Denies Obama’s Motion to Dismiss in Ballot Challenge
DOES THE RULE OF LAW STILL STAND IN THE PEACH STATE?
The Post & Email
Sharon Rondeau
1/3/2012
Excerpts:
"Atty. Orly Taitz has posted on her website an order from Judge Michael Malihi denying the request of an attorney representing Barack Hussein Obama to dismiss three ballot challenges filed respectively by Taitz, Atty. Van Irion, and Atty. J. Mark Hatfield on behalf of Georgia registered voters and others.
Taitz represents four presidential candidates and a Georgia voter, David Farra; Irion represents David Welden, a Georgia voter; and Hatfield represents Carl Swensson and Kevin Richard Powell, both Georgia voters....
In his order, Malihi wrote, in part:
The Georgia Election Code (“the Code”) mandates that “[e]very candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.” O.C.G.A. § 21-2-5(a)....
The Post & Email had published another Georgia voter’s petition asking that a special grand jury be convened to investigate the non-response of Secretary of State Brian Kemp to the voter’s previous FOIA request and formal letter inquiring as to the information Kemp relied upon in 2008 to place Obama’s name on the ballot. The voter cited the same statute as Malihi in contending that registered voters have a right to challenge candidates’ qualifications for any office. The voter, Millard Blanchard, claimed that Kemp had broken the law by failing to remove Obama’s name from the 2012 presidential ballot.
Judge Malihi appeared to support Blanchard’s claim in his decision:
Both the Secretary of State and the electors of Georgia are granted the authority under the Code to challenge the qualifications of a candidate. The challenge procedures are defined in Code Section 21-2-5(b), which authorizes any elector who is eligible to vote for a candidate to challenge the qualifications of the candidate by filing a written complaint with the Secretary of State within two weeks after the deadline for qualifying. O.C.G.A. § 21-2-5(b)...."View the complete article at:
http://www.thepostemail.com/2012/01/...lot-challenge/
-------------------------------------------
Links to documents associated with the above excerpted article, but obtained from other sources are given below:
http://www.orlytaitzesq.com/wp-conte...nforcement.pdf
http://htmlimg1.scribdassets.com/80h...40f7d0e06c.jpg
"SUBPOENA
TO: Loretta Fuddy, Director of Health, State of Hawaii
1250 Punchbowl Ave, Room 325, Honolulu, HI 96813
YOU ARE HEREBY COMMANDED, to appear in court on behalf of [x]Petitioner
[x]Sworn as a Witness
[x]Produce the Document on the Attached List:
Original typewritten 1961 birth certificate #10641 for Barack Obama, II issued 08.08.1961,
signed by Dr. David Sinclair, Stanley Ann Dunham Obama and registrar Lee, stored in the
Health Department of the State of HI from 1961 until now, as well as the microfiche roll
for August 1961, containing above document. Pretrial deposition will be conducted on January 5,
2012 at 1250 Punchbowl Ave, Room 325, Honolulu HI 96813, 10 am. (red color emphasis added)
The court date, time and location are:
Date: January 16-18
Time: 9 am
Location: Administrative Court, state of GA 240 Peachtree str. MW Suite 850, Atlanta, GA 30303,
Hon Michael Malihi presiding."
DOES THE RULE OF LAW STILL STAND IN THE PEACH STATE?
The Post & Email
Sharon Rondeau
1/3/2012
Excerpts:
"Atty. Orly Taitz has posted on her website an order from Judge Michael Malihi denying the request of an attorney representing Barack Hussein Obama to dismiss three ballot challenges filed respectively by Taitz, Atty. Van Irion, and Atty. J. Mark Hatfield on behalf of Georgia registered voters and others.
Taitz represents four presidential candidates and a Georgia voter, David Farra; Irion represents David Welden, a Georgia voter; and Hatfield represents Carl Swensson and Kevin Richard Powell, both Georgia voters....
In his order, Malihi wrote, in part:
The Georgia Election Code (“the Code”) mandates that “[e]very candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.” O.C.G.A. § 21-2-5(a)....
The Post & Email had published another Georgia voter’s petition asking that a special grand jury be convened to investigate the non-response of Secretary of State Brian Kemp to the voter’s previous FOIA request and formal letter inquiring as to the information Kemp relied upon in 2008 to place Obama’s name on the ballot. The voter cited the same statute as Malihi in contending that registered voters have a right to challenge candidates’ qualifications for any office. The voter, Millard Blanchard, claimed that Kemp had broken the law by failing to remove Obama’s name from the 2012 presidential ballot.
Judge Malihi appeared to support Blanchard’s claim in his decision:
Both the Secretary of State and the electors of Georgia are granted the authority under the Code to challenge the qualifications of a candidate. The challenge procedures are defined in Code Section 21-2-5(b), which authorizes any elector who is eligible to vote for a candidate to challenge the qualifications of the candidate by filing a written complaint with the Secretary of State within two weeks after the deadline for qualifying. O.C.G.A. § 21-2-5(b)...."View the complete article at:
http://www.thepostemail.com/2012/01/...lot-challenge/
-------------------------------------------
Links to documents associated with the above excerpted article, but obtained from other sources are given below:
http://www.orlytaitzesq.com/wp-conte...nforcement.pdf
http://htmlimg1.scribdassets.com/80h...40f7d0e06c.jpg
"SUBPOENA
TO: Loretta Fuddy, Director of Health, State of Hawaii
1250 Punchbowl Ave, Room 325, Honolulu, HI 96813
YOU ARE HEREBY COMMANDED, to appear in court on behalf of [x]Petitioner
[x]Sworn as a Witness
[x]Produce the Document on the Attached List:
Original typewritten 1961 birth certificate #10641 for Barack Obama, II issued 08.08.1961,
signed by Dr. David Sinclair, Stanley Ann Dunham Obama and registrar Lee, stored in the
Health Department of the State of HI from 1961 until now, as well as the microfiche roll
for August 1961, containing above document. Pretrial deposition will be conducted on January 5,
2012 at 1250 Punchbowl Ave, Room 325, Honolulu HI 96813, 10 am. (red color emphasis added)
The court date, time and location are:
Date: January 16-18
Time: 9 am
Location: Administrative Court, state of GA 240 Peachtree str. MW Suite 850, Atlanta, GA 30303,
Hon Michael Malihi presiding."