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Motion Filed: Florida Obama Eligibility Challenge; Chief Elections Officer Violated Federal Law
Birther Report
3/11/2013
Excerpt:
New Motion Filed: Florida Obama Eligibility Challenge; FL Chief Elections Officer Ken Detzner Violated Federal Law
UPDATE VIA GEORGE MILLER @ OBC: This case is still grinding along, now with two illegal, unconstitutional rulings. Do Voeltz and Klayman quit? Hell, no. How about you?
From Plaintiff Mike Voeltz,
Filed 2/28/2012. The criminals are trying to shut me down at the Fla. Appeals level by issuing a “per curium affirmance” of the lower court, which basically allows the Fla. judiciary to shut down dissent by issuing no written opinion– thus there is no basis for appeal.
Florida rule of Appellate procedure 9.330(a) allows for a motion for a written opinion under strict guidelines (which I have followed to a T). This motion will solidify my cause of action all the way to the Supreme Court. If they do not issue a written opinion I will appeal directly there. If they do issue a written opinion, then I can use that opinion to appeal to the Fla. Supreme Court. They are in a quandary, as I caught Judge Terry Lewis in a very big lie, and their written opinion will have to approve of that lie— that Florida election statutes do not apply to presidential elections—The Florida Supreme Court ruled in 2000 that they SPECIFICALLY AND EXPLICITLY do apply (Palm Beach Co. Canvassing v. Harris (2000)).
As such I have a constitutional complaint that the Florida judiciary has violated my due process and equal protection rights, as well as violating their own laws and the Federal law of US Code 3 section 5, by not adjudicating my case with finality (which in Florida is viewed as a judgment by the district appeals court) by 6 days prior to the meeting of electors. The appeals court had my appeal in July, yet they waited till 2 months after the meeting of electors to dispense of my case. - Via George Miller @ Obama Ballot Challenge.
EXCERPTS VIA MOTION FOR WRITTEN OPINION:
Appellant has filed a legal and proper election contest action contesting the eligibility of Barack Hussein Obama to serve as president of the United States, based on Barack Obama’s birth as a British subject, of a British subject father, whom was married to his mother on August 4, 1961, and was never a U.S. citizen and was not born within the United States. [...]
His ruling was opposite of the clear and manifest intention of the Florida legislature and holdings of the Supreme Court of Florida to apply ALL of the election codes to ALL elections, and is a violation of the separation of powers doctrine clearly stated in the Florida Constitution, (“The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein”. FLA. CONST. art.II, § 3). Judge Lewis has clearly usurped the legislative intent of the Florida legislative, and has violated the due process and equal protection rights of Appellant to file a contest of election action, based on eligibility of a Presidential candidate, nominated by a Presidential Preference Primary.
Even further, the chief elections officer in the state of Florida, Ken Detzner, and the Florida First District Court of Appeals, have violated Federal law by not adjudicating a “final determination of any controversy or contest concerning the appointment of all or any of the electors of such State.” (3 U.S.C. §5 - “Determination of Controversy as to Appointment of Electors”) The First District Court of Appeals of Florida waited until two months after the December 11, 2012 deadline imposed by 3 U.S.C. §5 to dismiss Appellant’s complaint as “moot”, even though the appeal of 2012CA00467 was filed in July, 2012, and has not yet ruled on 2012CA03857. As such the Florida Governor Rick Scott has issued an ascertainment of electors certificate and attained fraudulent “section 2 status” of the Electoral Count Act (1887)(Now US Code 3).
Al Gore and others used the same Florida election contest statutes after the 2000 General election in Florida, and the case was adjudicated all the way to the Supreme Court of the US (See Bush v. Gore, 531 U.S. 98 (2000)). The result of the Appellant’s effort has been a perversion of the law, which has been unequally applied, violating Appellant’s due process and equal protection rights. [...]
MOTION FILED BELOW OR HERE: http://www.scribd.com/doc/129831741
View the complete Birther Report presentation at:
http://obamareleaseyourrecords.blogs...ge-update.html
Birther Report
3/11/2013
Excerpt:
New Motion Filed: Florida Obama Eligibility Challenge; FL Chief Elections Officer Ken Detzner Violated Federal Law
UPDATE VIA GEORGE MILLER @ OBC: This case is still grinding along, now with two illegal, unconstitutional rulings. Do Voeltz and Klayman quit? Hell, no. How about you?
From Plaintiff Mike Voeltz,
Filed 2/28/2012. The criminals are trying to shut me down at the Fla. Appeals level by issuing a “per curium affirmance” of the lower court, which basically allows the Fla. judiciary to shut down dissent by issuing no written opinion– thus there is no basis for appeal.
Florida rule of Appellate procedure 9.330(a) allows for a motion for a written opinion under strict guidelines (which I have followed to a T). This motion will solidify my cause of action all the way to the Supreme Court. If they do not issue a written opinion I will appeal directly there. If they do issue a written opinion, then I can use that opinion to appeal to the Fla. Supreme Court. They are in a quandary, as I caught Judge Terry Lewis in a very big lie, and their written opinion will have to approve of that lie— that Florida election statutes do not apply to presidential elections—The Florida Supreme Court ruled in 2000 that they SPECIFICALLY AND EXPLICITLY do apply (Palm Beach Co. Canvassing v. Harris (2000)).
As such I have a constitutional complaint that the Florida judiciary has violated my due process and equal protection rights, as well as violating their own laws and the Federal law of US Code 3 section 5, by not adjudicating my case with finality (which in Florida is viewed as a judgment by the district appeals court) by 6 days prior to the meeting of electors. The appeals court had my appeal in July, yet they waited till 2 months after the meeting of electors to dispense of my case. - Via George Miller @ Obama Ballot Challenge.
EXCERPTS VIA MOTION FOR WRITTEN OPINION:
Appellant has filed a legal and proper election contest action contesting the eligibility of Barack Hussein Obama to serve as president of the United States, based on Barack Obama’s birth as a British subject, of a British subject father, whom was married to his mother on August 4, 1961, and was never a U.S. citizen and was not born within the United States. [...]
His ruling was opposite of the clear and manifest intention of the Florida legislature and holdings of the Supreme Court of Florida to apply ALL of the election codes to ALL elections, and is a violation of the separation of powers doctrine clearly stated in the Florida Constitution, (“The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein”. FLA. CONST. art.II, § 3). Judge Lewis has clearly usurped the legislative intent of the Florida legislative, and has violated the due process and equal protection rights of Appellant to file a contest of election action, based on eligibility of a Presidential candidate, nominated by a Presidential Preference Primary.
Even further, the chief elections officer in the state of Florida, Ken Detzner, and the Florida First District Court of Appeals, have violated Federal law by not adjudicating a “final determination of any controversy or contest concerning the appointment of all or any of the electors of such State.” (3 U.S.C. §5 - “Determination of Controversy as to Appointment of Electors”) The First District Court of Appeals of Florida waited until two months after the December 11, 2012 deadline imposed by 3 U.S.C. §5 to dismiss Appellant’s complaint as “moot”, even though the appeal of 2012CA00467 was filed in July, 2012, and has not yet ruled on 2012CA03857. As such the Florida Governor Rick Scott has issued an ascertainment of electors certificate and attained fraudulent “section 2 status” of the Electoral Count Act (1887)(Now US Code 3).
Al Gore and others used the same Florida election contest statutes after the 2000 General election in Florida, and the case was adjudicated all the way to the Supreme Court of the US (See Bush v. Gore, 531 U.S. 98 (2000)). The result of the Appellant’s effort has been a perversion of the law, which has been unequally applied, violating Appellant’s due process and equal protection rights. [...]
MOTION FILED BELOW OR HERE: http://www.scribd.com/doc/129831741
View the complete Birther Report presentation at:
http://obamareleaseyourrecords.blogs...ge-update.html