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
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/Taitz-et-al-v-Mississippi-Democratic-Party-et-al-Mississippi-Obama-Ballot-Challenge-District-Court-for-the-Southern-District-of-Mississippi-5
MDP ALSO ATTEMPTS TO STAY DISCOVERY: http://www.scribd.com/doc/92455261/Taitz-et-al-v-Mississippi-Democratic-Party-et-al-Mississippi-Obama-Ballot-Challenge-PROPOSED-Order-to-Stay-Discovery-5-4-2012
HD VIDEO FROM 3/31 TEA PARTY EVENT WITH SHERIFF JOE POSTED HERE: http://www.art2superpac.com/arizonavideo.html
-WATCH THE COMPLETE SHERIFF JOE PRESS CONFERENCE HERE: http://www.art2superpac.com/joe.html -
-ARTICLE II ELIGIBILITY FACTS HERE: http://www.art2superpac.com/issues.html
Taitz, et al v Mississippi Democratic Party, et al - Mississippi Obama Ballot Challenge - District Court fo...
New Ad - AZ Sheriff Arpaio - Obama Birth Cert & Draft Reg Card Are Forged! Wash Times Natl Wkly - 12 Ma...
New Ad - AZ Sheriff Arpaio - Obama Birth Cert & Draft Reg Card Are Forged! Wash Times Natl Wkly - 12 Ma...
33 comments:
"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"
That's because they don't.
Well since nobody has anything to do with anything lets have just anyone be president? Oops we already did?
"First they came for the Socialists, and I did not speak out--
Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out--
Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out--
Because I was not a Jew.
Then they came for me--and there was no one left to speak for me."
Martin Niemoller 1892-1984. A prominent Protestant pastor who spent 7 yrs. in a concentration camp for being a nemesis of Adolf Hitler
No one is going to accept the responsibility for allowing the biggest fraud in history to destroy America.
It's so bad nothing can be done to prevent the same kind of usurpation in the future, because it might look like the current illegal alien in the White House is being picked on.
OK DNC lackeys; you have no control - no duty right. Well my name is Jim Crow & I hereby declare that I want on your Dem Ballot -- hell I want on every Dem ballot in every state. So do it -- fuggin lackeys !!!
If anyone has any doubts about whether liberalism is a mental disorder, here's your stone-cold proof.
The judges state... "Clearly, President Obama is a nationally recognized candidate. "
I guess that's all it takes. Its just a popularity contest and to hell with the Constitution, morals and ethics.
Substantial police accusations of being a major criminal who has committed many felonies for the past 40 years is totally meaningless, as far as being a qualified presidential candidate. All that really matters is that you're trendy and famous.
MUST SEE VIDEO!!!
THE STATES WANT TO SECEDE FROM THE UNION - FREE VT!
http://www.youtube.com/watch?v=2ne-R2rDibU
Uploaded by truthvspropaganda on Sep 15, 2008
http://online.wsj.com/article/SB123051100709638419.html
FREE VERMONT!
FREE ALASKA!
FREE THE SOUTH!
FREE THE STATES!
http://www.akip.org/introduction.html
http://www.vermontrepublic.org/
Over 50% of the States in the Union want to secede from the Union! Red and Blue states alike.
http://www.youtube.com/user/VTFREE
Let's face it the only one who is ever going to have standing is the Republican National Committee and they are silent.
Shakespeare: O' Forlorn I reach but neath my bedding for chance of my fuzzy slippers and yet I fetch an Asp to bite my breast.
Liberals are the enemy.
Republicans are traitors.
Who do you get first?
Me? I'm hunting republicans because to them my votes are silver bullets.
@Anonymous
None of those accusations has ever resulted in a formal grand jury investigation or an indictment for any crime of any type.
Accusations without a grand jury investigation and indictments on criminal charges are meaningless.
Could someone please point out that statute in Mississippi law that requires a political party to verify the eligibility of a candidate.
The way it works nationally is that other candidates on the ballot can challenge the eligibility of a candidate and that is exactly what is happening in about twenty different states for the 2012 election cycle. However, thus far, Obama was prevailed in all the ballot challenges that have been adjudicated.
The Democratic Party of Mississippi is correct. There is no law in that state that places the burden on a political party to vet its own candidates. The Republican Party of Mississippi doesn't have that responsibility and also has done no vetting of its candidates eitehr.
I know ... it's the kenyan parliment's job to vet the fraud who was born there, even they said as much. What a joke obum is. hahahahahaha libturds are truly insane! hahahahaaaaaaaaaaa All I can do now is laugh.
"There is no law in that state that places the burden on a political party to vet its own candidates."
I suppose this just proves another EPIC FAIL for Orly who so proudly trumpeted that "going after the Democrat Party" was the best/only way to go - when every child could've researched that there is no legal duty for a party to tell the truth.
Seems she's (deliberately?) led us down a dead-end road again.
i guess the electors are responsible to vet
Moderator,
...let me get this straight: ORYR is dedicated to having Soetoro aka Obama removed from office because he is a fraud, and yet you allow HIM! to advertise on YOUR website? Why do I sudden;y smell a rat?
Similar to NJ finding when Mario Apuzzo had his court hearing NJ is NOT required to have applicant submit a birth certificate to prove eligibility .. I guess you just fill out the form and you are on the ballot, surely the Demoncrats know the weakness in the system when presenting Obama over Hillary
I believe that there is a RICO Act violation here. The collusion is across the board.
“If I Wanted America To Be A Dictatorship” (Video)
May 3, 2012
MUST WATCH Micro Documentary by Libertarian Film Maker and Activist Fabian4Liberty. If you like this video and its message HELP MAKE THIS VIDEO GO VIRAL email a link to everyone you know and post on social media.
http://www.infowars.com/if-i-wanted-america-to-be-a-dictatorship/
“If I Wanted America To Be A Dictatorship”
(Video)
http://www.youtube.com/watch?feature=player_embedded&v=SUy860bjnPI#at=28
"First they came for the socialists"......the Nazis were socialists. The only government to the right of a Republic is a monarchy......all others are degrees of socialism to the left.
SOMEONE IS responsible for "vetting" in the parties---that's WHY they have to sign the affidavit stating that THEY declare him to be "qualified according to the U.S. Constitution." The U.S. Constitution trumps Mississippi's constitution. Since it's the PARTIES that have to sign the affidavit "declaring" their candidate qualifies "according to the U.S. Constitution," then the PARTIES DO have a duty to make sure their candidate IS QUALIFIED under the U.S. Constitution! (Mississippi's constitution has NOTHING to do with this matter!)
Let's preface with the fact that although Dems talk a big game and have big fat mouths, they're the all time wimps of the millenium. Typical bullies, once they're stood up to ON THEIR TERMS, they always back down.
It just occurs to me that DNC uses thug SEIU, race war, Obama has a long breitbart list...
and we use "we OMG isn't that just ridiculous! tsk tsk"
For too long, Dems, who KNOW Obama is a total fraud, have been BULLYING good Americans.
It's time for dems to realize what "good" really truly means.
@Anonymous
"ORYR is dedicated to having Soetoro aka Obama removed from office because he is a fraud, and yet you allow HIM! to advertise on YOUR website?"
They are Google AdSense ads. They are random and run on certain keywords. So if you visit any site that even mentions Obama, Romney, or any other person and or product the ads can show up on any site you may visit that runs Google AdSense.
We don't choose which ads run however we are able to block certain ads by url. Barack Obama's campaign website was added to the block list about two days ago. The block has yet to take effect.
Come to Kansas. As soon as he files Kansas has a system that requires to exclude him!
"Come to Kansas. As soon as he files Kansas has a system that requires to exclude him!"
I think you're mistaken there.
@ Moderator
Thank God for that!
Poor clueless birthers. You still don't quite understand the implications of this filing.
Hear that? That's the sound of the end coming for your nonsense - all of it. You are done. Still don't get it? You will, soon. :)
It appears All of these traitors would have allowed Hitler to run for Pres of the U.S, with knowledge of his crimes! We need a new political party. Dems and Reps are the the same corrupt traitors. Why doesn't a strong group of patriots stand up in person to the 535 members in the house of criminals??It appears 1 of the many patriots needs to take the lead and organize a group to visit Washington in vast numbers, etc.etc.
So that means that if Amadinajad from Iran deflected and came here to the USA, that he could run for president as a Democrat since the Democrats do not vet, and have no duty to vet him and would not request any of his documents to prove his identy, education, background etc.
They have NO DUTY to vet him??? AYFKM????
That means that anybody that wanted to destroy this great country could do it from the inside out using the people's hard earned tax money, and our citizens have no right to demand answers of our Congress???
Has Congress and in particular the Demcorats become so poisoned and possessed by special interest money that would look the other way while people like Obama, who claims to have been a Harvard Law Professor (Bravo Sierra)and not even ask him to open up his sealed records (all of them)and prove all of his claims???? Liberals are still trying to convince the world that Obama is eligible to be president using their sick, far left radical version of
political correctness, which is a doctrine, fostered by a delusional, illogical minority, and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.
Obama must be vetted this time around. If not, then this is the end of America. We deserve the government that we elected then. No more crying.
Semper Fi'
@Anonymous @ 6:07
"I believe that there is a RICO Act violation here."
Oh really? Please, identify for us the business or property that was injured -- 'cause that is what is required for RICO.
About the Obama ads, here and elsewhere. A few days ago I searched on Bing, "How to stop political ads on Firefox", and up came some simple instructions. I followed them and have not seen the Obama ads here, or anywhere else, since then.
I doubt this change will block them all, but so far, so good.
take the ad money! it is funny that the are so dumb as to fund opposition to their own candidate.
@Anonymous 11:27 Trust me, us "birthers" have just begun to fight. You are the one that will "get it soon" and it won't be pretty. You might even shed a tear or two.
Where've you been, AR925? Some of us birthers have been fighting for almost four years.
Post a Comment
“As long as I am an American citizen and American blood runs in these veins I shall hold myself at liberty to speak, to write, and to publish whatever I please on any subject.” - Elijah Parish Lovejoy(1802-1837)
Comments posted here do not necessarily reflect the views of BirtherReport.com. Readers are solely responsible for the content of the comments they post on this web site.