2011-11-Xx Welden Osah Form 1

8/3/2019 2011-11-Xx Welden Osah Form 1

1/13

OSAH FORM 1This form is available online at http://www.osah.qa.qov or by telephone request at (404) 657-2800

OSAH USE ONLYDOCKET NUMBER

ECSTATE

AGENCY CODE CASE TYPE

C E

DOCKET NUMBER

i ( 11J1.

CC JN:6 i tJUDGE1. / V Yl

NAME OF REFERRING AGENCY: EORGIA SECRETARY OF STATE

CHALLENGE TO CANDIDATE QUALIFICATIONS

DATE OF RE QUEST FOR HEARING: November 18, 2011COUNTY O F CANDIDATE: Fulton

CONTACT PERSON IN REFERRING AGENCYNAME:Linda Ford

TEL NO:404-657-5380

FAX NO:404-651-9531

CURRENT ADDRESS INCLUDING ZIP CODE ON H EARING REQUESTElections Division8 th Floor West Tower2 Martin Luther King, Jr. DriveAtlanta, Georgia 30334-1530

Secretary of State

POSITIONDirector, Elections DivisionOffice of the Georgia

EMAIL:[email protected]:

PETITIONER *NAME:David P. Welden

TEL NO:770-943-2025

FAX NO:

CURRENT ADDRESS INCLUDING ZIP CODE ON H EARING REQUEST5530 Wright RoadPowder Springs, Georgia 30127

POSITIONElector


PETITIONER *NAME: TEL NO: FAX NO:

CURRENT ADDRESS INCLUDING ZIP CODE ON H EARING REQUEST POSITION EMAIL:

PAGER:

ATTORNEY FOR PETITIONERATTORNEY NAME: EL NO: AX NO:None identified

RESPONDENT**NAME:Barak Obama

TEL NO: FAX NO:

CURRENT ADDRESS INCLUDING ZIP CODE ON H EARING REQUESTc/o Michael Jablonski260 Brighton Road NEAtlanta GA 30309


ATTORNEY FOR RESPONDENTNAME:Michael Jablonski

TEL NO:(404) 290-2977

FAX NO:(815) 846-0719

* PA RT IE S C H A L LE N G I N G Q U AL IF IC AT I ON S A R E T H E P E T I T IO N E R S" * C A N D ID AT E I S T H E R E S P O N DE N T

Attach the Complaint or Petition for Hearing and Sum mons to be served on the Responde nt. Please also attach a sheet identifying anyapplicable statutes or rules and highlight any such statutes or rules that establish any specific timeframes or procedures that a re to beapplied by in resolving the matter.

Mail to: Clerk of CourtOffice of State Ad ministrative Hearings230 Peachtree Street, NW, Suite 850Atlanta, GA 3 0303


2/13

OSAH FORM 1

Attachment No. 2

Applicable Laws and Regulations:

a) United States Constitution (U.S. Const. art. II, 1, cl. 5.)b) O.C.G.A. 21-2-5(a) and (b)c) O.C.G.A. 21-2-193

Special Requirements:

The Presidential Preference Primary is scheduled for Tuesday, March 06, 2012. Thehearing for this matter and a decision is needed on or before the Presidential PreferencePrimary date.

The Petitioner has not informed the Secretary of State of any conflicts. Petitioner has notindicated whether he will be represented by counsel in this matter.

This challenge has been initiated by a private citizen and not by the Secretary of State.Unless the Administrative Law Judge wishes for counsel for the Secretary of State to bepresent at the hearing, representatives of and counsel for the Secretary of State will not beparticipating in this hearing.


3/13

1 1 1 0SAH FORM 1

Attachment No. 3

G E O R G IA D E M O C R AT SWINNING THE FUTURE

November 1, 2011

The Honorable Brian P. Kemp

Secretary of State

214 State Capitol

Atlanta, GA 30334

Dear Secretary of State Kemp:

Pursuant to OCGA 21-1-193, the Executive Committee of the Democratic Party of Georgia authorized thetransmittal of this letter to your office by Page K. Gleason, the Executive Director of the Democratic

Party of Georgia, at their meeting on October 20, 2011.

This letter is to inform you of the candidates whose names should appear on the March 6 Democratic

Presidential Preference Primary Ballot. The Democratic Party does not require petitions, signatures, or

fees from candidates seeking presidential nomination. Candidates seeking to be listed on the

Democratic Presidential Preference Primary Ballot should notify the Executive Committee in writing by

October 31, 2011. One candidate has submitted such a letter, and his name will appear on the

Democratic Presidential Primary Ballot:

Barack Obama

If you have any questions, please contact Executive Director Page Gleason at 678-278-2012 ext. 302 or

[email protected] .

Thank you,

Mike Merlon

Chair

Democratic Party of Georgia

on behalf of the Executive Committee of the Democratic party of Georgia

PAID FOR BY THE DEMOCRATIC PARTY OF GEORGIA POST OFFICE BOX 20442 ATLANTA, GA 30325

MIKE BERLON, CHAIR; NIKEMA WILLIAMS, FIRST VICE-CHAIR; RUSSELL EDWARDS, TREASURER; RJ HADLEY,VICE CHAIR; MIGUEL CAMAC HO, VICE CHAIR; REP. PEDRO "PETE" MARIN, VICE CHAIR; L AVERNE GASKINS, SECRETARY

NOT AUTHORIZED BY ANY CANDIDATE OR CANDIDATE'S COMMITTEE WWW.GEORGIADEMS.ORG 678-278-2012


4/13

SSVR0002-03 EO0A SECRETARY OF STATE 1011/14/11 03:28 PMCICSA2 OTER REGISTRATION

VOTER PRECINCTS AND DISTRICTS ULTON

ACTION: I EG NBR: 6861503 TATUS: ACTIVE

NAME: WELDEN, DAVID PARKE JRADDR: 5530 RIGHT RD UF: PT#:CITY: POWDER SPRINGS IP: 30127 - 1073 OUNTY: 33 COBB

GENDER: M RACE: W LAND DIST: 99

REG DATE: 06/05/2006 STATUS DATE/REASON: 06/29/2006 AND LOT: 9999CONTACT DATE/TYPE: 03/15/2011 VOTE AST VOTED: 03/15/2011

CO PREC: LMO3 - LOST MOUNTAIN 03

SITE: BOOTS WARD RECREATION CENTERADDR: 4845 DALLAS HWYCITY: POWDER SPRINGS IP: 30127 UNICIPALITY: 000DISTRICT COMBO: 464 ****** DISTRICTS ********

CONGRESS: 011 SENATE : 037 HOUSE 036 JUDICIAL: 012 COMM 1SCHOOL : 1

NEXT SCREEN: PF1=HELP PF2=REFRESH PF3=RETURN PF7=VOTER MAINT ENTER=ACTION)

0005-YOUR INQUIRY WAS SUCCESSFUL.


5/13

David P Welden

- TA M '

2 0 1 1 N O V 1 5 P 1 1 3 : 1 0

OFFICE 530 Wright RoadPowder Springs, GA 30127

770.943.2025dpwEilti*NmatiOcom

November 11, 2011

The Honorable Brian P. KempSecretary of State214 State CapitolAtlanta, Georgia 30334

Re: Complaint, challenging the appearance of the name Barack Obama on the March 6Democratic Presidential Preference Primary Ballot

Dear Secretary of State Kemp,

I am a registered voter and elector at the above address in Cobb County, GA.

Pursuant to O.C.G.A. 21-2-5, I hereby challenge the Constitutional eligibility of BarackObama to appear on the March 6 Democratic Presidential Preference Primary Ballotand/or on the November 6, 2012 general election ballot for President of The UnitedStates.

This challenge is proper and ripe under O.C.G.A. 21-2-5, as Barack Obama is acandidate for federal office who has been certified by the Executive Committee of theDemocratic Party of Georgia in their letter of November 1, 2011, and as the deadline fornotifying the Secretary of State of candidacy for the Presidential Primary is October 31,2011, as set in O.C.G.A. 21-2-193.

On information and belief, and in support of this challenge to Mr. Obama's eligibility, Irespectfully show as follows:

(1 ) The official state certified birth certificate proffered by Barack Obamacontains a factual inconsistency and other anomalies that calls intoquestion the veracity of the rest of the information contained within saiddocument.

(2) Barack Obama has not adequately proven that he was born a natural borncitizen of the United States.


6/13

(3 ) Barack Obama's alleged father, Barack Obama, Sr., was never a citizen of

the United States and, at the time of his son's birth, was not a permanentresident of the United States. Consequently, Barack Obama was born toonly one parent who was a U.S. citizen or U.S. permanent resident.

(4 ) By his own admission, and under the British Nationality Act of 1948,Barack Obama was born a citizen of the United Kingdom and Colonies,and from 1963 until at least 1984 was also a citizen of the Republic ofKenya.

(5 ) Due to his dual citizenship with the United Kingdom and with Kenya,Barack Obama was born with dual allegiances to foreign nations otherthan the United States of America.

(6 ) Such additional evidence as may be shown at the hearing of this case.

It therefore appears that Barack Obama does not meet the Constitutional requirementsfor seeking and holding the office of President of the United States because:

(a) r. Obama is not a natural born citizen, as required by Article II, Section 1of the United States Constitution.

Accordingly, I hereby challenge Mr. Obama's qualifications to seek and hold theoffice of President of the United States on these grounds. I respectfully request that younotify Mr. Obama of this challenge and that you request a hearing before a judge of theOffice of State Administrative Hearings.

Respe ully,

David P. Welden

1. Original: Overnight delivery, November 14, 20112. 1st copy emailed, (jmonk), Nov. 11, 20113. 2nd copy faxed, (404) 656-0513, Nov. 14, 2011

cc: am Olens, Attorney General, via email


7/13

OSAH FORM IThis form is available online at http://www.osah.ga.gov or by telephone request at (404) 657-2800

OSAH USE ONLYDOCKET NUMBER

AGENCY CODE

SECSTATE

CASE TYPE

C E

DOCKET NUMBER 1), 1 Di JUDGE

NAME OF REFERRING AGENCY: E O R G IA S E C R E T A RY OF S TAT E

C H A LL E N G E TO C A N D ID AT E Q U A LIF IC AT I O NS

DATE OF REQ UEST FOR HEA RING: November 18, 2011

COUNTY O F CANDIDATE: Fulton

CONTACT PERSON IN REFERRING AGENCYN A M E :Linda Ford

TEL NO:404-657-5380

FA X N O :, 404-651-9531

CURRENT ADDRESS INCLUDING ZIP CODE ON HEARING REQUEST

Elections Division8 th Floor West Tower2 Martin Luther King, Jr. DriveAtlanta, Georgia 30334-1530

Secretary of State

POSITIONDirector, Elections DivisionOffice of the Georgia

E M A I L :[email protected]:

PETITIONER *N A M E :David P. Welden

TEL NO:770-943-2025

FA X N O :

CURRENT ADDRESS INCLUDING ZIP CODE ON HEARING REQUEST5530 Wright RoadPowder Springs, Georgia 30127

POSITIONElector


PETITIONER *N A M E : TEL NO: FAX NO:

CURRENT ADDRESS INCLUDING ZIP CODE ON HEARING REQUEST POSITION E M A I L :

PAGER:

ATTORNEY FOR PETITIONERATTORNEY NAME: EL NO: A X N O :None identified

RESPONDENT**N A M E :Barak Obama

TEL NO: FA X N O :

CURRENT ADDRESS INCLUDING ZIP CODE ON HEARING REQUESTdo Michael Jablonski260 Brighton Road NEAtlanta GA 30309


ATTORNEY FOR RESPONDENT

N A M E :Michael Jablonski TEL NO:(404) 290-2977 FA X N O :(815) 846-0719

* PARTIES CHALLENGING QUALIFICATIONS ARE THE PETITIONERS** CANDIDATE IS THE RESPONDENT

Attach the Complaint or Petition for Hearing and Summ ons to be served on the Respondent. P lease also attach a sheet identifying anyapplicable statutes or rules and highlight any such statutes or rules that establish any s pecific timeframes or procedures that are to beapplied by in resolving the matter.

Mail to: Clerk of CourtOffice of State Administrative Hearings230 Peachtree Street, NW, Suite 850Atlanta, GA 30303


8/13

O S A H FO R M 1

A ttachment No. 2

A pplicable Laws and R egulations:

a) Un ited States C onstitution (U.S. C onst. art. II, 1, el. 5.)b) O .C .G.A. 21-2-5(a) and(b)c) O .C .G.A . 21-2-193

S pecial R equirements:

T he Presidential Preference Primary is scheduled for Tuesday, M arch 06, 2012. T hehearing for this matter and a decision is needed o n or before the Presiden tial PreferencePrimary date.

T he Petitioner has not informed the Secretary of State of any conflicts. Petitioner has notindicated whether he will be represented by coun sel in this matter.

T his challenge has been initiated by a private citizen and n ot by the Secretary of State.Un less the A dm inistrative Law Judg e wishes for counse l for the Secretary of State to bepresent at the hearing, represen tatives of and counsel for the S ecretary of State will not beparticipating in this hearing.


9/13

SAH FORM 1Attachment No. 3

G E O R G IA D E M O C R AT SWINNING THE FUTURE

November 1, 2011

The Honorable Brian P. Kemp

Secretary of State

214 State Capitol

Atlanta, GA 30334

Dear Secretary of State Kemp:

Pursuant to OCGA 21-1-193, the Executive Committee of the Democratic Party of Georgia authorized thetransmittal of this letter to your office by Page K. Gleason, the Executive Director of the Democratic

Party of Georgia, at their meeting on October 20, 2011.

This letter is to inform you of the candidates whose na mes should appear on the March 6 DemocraticPresidential Preference Primary Ballot. The Democratic Party does not require petitions, signatures, or

fees from candidates seeking presidential nomination. Candidates seeking to be listed on the

Democratic Presidential Preference Primary Ballot should notify the Executive Committee in writing by

October 31, 2011. One candidate has submitted such a letter, and his name w ill appear on the

Democratic Presidential Primary Ballot:

Barack Obama

If you have any questions, please contact Executive Director Page Gleason at 678-278-2012 ext. 302 or

page(ffigeorgiademocrat.org .

Thank you,

Mike erlon

Chair

Democratic Party of Georgia

on behalf of the Executive Committee of the Democratic party of Georgia

PAID FOR BY THE DEMOCRATIC PARTY OF GEORGIA POST OFFICE BOX 20442 ATLANTA, GA 30325MIKE BERLON, CHAIR; NIKEMA WILLIAMS, FIRST VICE-CHAIR; RUSSELL EDWARDS, TREASURER; RJ HADLEY,

VICE CHAIR; MIGUEL CAMACHO, VICE CHAIR; REP. PEDRO " PETE" MARIN, VICE CHAIR; LAVERNE GASKINS, SECRETARY

NOT AUTHORIZED BY ANY CANDIDATE OR CANDIDATE'S COMMITTEE WWW.GEORGIADEMS.ORG 67B-27E-2012


10/13

David P Welden

November 11, 2011

The Honorable Brian P. KempSecretary of State214 State CapitolAtlanta, Georgia 30334

R E C I.V E DM itE TA RY V STNI I.

2 0 1 1 N O V 1 5 P M 3 : 1 0

FRONT OFFICE 530 Wright RoadPowder Springs, GA 30127

770.943.2025

dpweil*PgMtgCOM

77 2

C S 1

CD

Re: Complaint, challenging the appearance of the name Barack Obama on the March 6

Democratic Presidential Preference Primary Ballot

Dear Secretary of State Kemp,

I am a registered voter and elector at the above address in Cobb County, GA.

Pursuant to O.C.G.A. 21-2-5, I hereby challenge the Constitutional eligibility of BarackObama to appear on the March 6 Democratic Presidential Preference Primary Ballotand/or on the November 6, 2012 general election ballot for President of The UnitedStates.

This challenge is proper and ripe under O.C.G.A. 21-2-5, as Barack Obama is acandidate for federal office who has been certified by the Executive Committee of theDemocratic Party of Georgia in their letter of November 1, 2011, and as the deadline fornotifying the Secretary of State of candidacy for the Presidential Primary is October 31,2011, as set in O.C.G.A. 21-2-193.

On information and belief, and in support of this challenge to Mr. Obama's eligibility, Irespectfully show as follows:

(1 ) The official state certified birth certificate proffered by Barack Obamacontains a factual inconsistency and other anomalies that calls intoquestion the veracity of the rest of the information contained within saiddocument.

(2 ) Barack Obama has not adequately proven that he was born a natural borncitizen of the United States.


11/13

(3 ) Barack Obam a's alleged father, Barack Obama, S r., was never a citizen of

the United States and, at the time of his son's birth, was not a permanentresident of the United S tates. Consequently, Barack Obam a was born toonly one parent who was a U.S. citizen or U.S. permanent resident.

(4 ) By his own admission, and under the British Nationality Act of 1948,Barack Obam a was born a citizen of the United Kingdom and Colonies,and from 1963 until at least 1984 was also a citizen of the Republic ofKenya.

(5 ) Due to his dual citizenship with the United Kingdom and with Kenya,Barack Obama was born with dual allegiances to foreign nations otherthan the United States of America.

(6 ) Such add itional evidence as may be shown at the hearing of this case.

It therefore appears that Barack Obama does not meet the Constitutional requirementsfor seeking and holding the office of President of the United States because:

(a) r. Obam a is not a natural born citizen, as required by Article II, Section 1of the United States Constitution.

Accordingly, I hereby challenge Mr. Obama's qualifications to seek and hold theoffice of Preside nt of the United States on the se ground s. I respectfully request that younotify Mr. Obama of this challenge and that you request a hearing before a judge of theOffice of State Administrative Hearings.

Respe ully,

David P. Welden

1. Original: Overnight delivery, November 14, 20112. 1st copy emailed, (jmonk), Nov. 11, 20113. 2nd copy faxed, (404) 656-0513, Nov. 14, 2011

cc: am Olens, Attorney General, via email


12/13

SSVR0002-03 EORGIA SECRETARY OF STATE 1/14/11 03:28 PM

CICSA2 OTER REGISTRATIONVOTER PRECINCTS AND DISTRICTS ULTON

ACTION: I EG NBR: 6861503 TATUS: ACTIVE

NAME: WELDEN, DAVID PARKE JRADDR: 5530 RIGHT RD UF: PT#:CITY: POWDER SPRINGS IP: 30127 - 1073 OUNTY: 33 COBB

GENDER: M RACE: W LAND DIST: 99REG DATE: 06/05/2006 STATUS DATE/REASON: 06/29/2006 AND LOT: 9999CONTACT DATE/TYPE: 03/15/2011 VOTE AST VOTED: 03/15/2011

CO PREC: LM03 - LOST MOUNTAIN 03SITE: BOOTS WARD RECREATION CENTERADDR: 4845 DALLAS HWYCITY: POWDER SPRINGS IP: 30127 UNICIPALITY: 000DISTRICT COMBO: 464 ****** DISTRICTS ********

CONGRESS: 011 SENATE : 037 HOUSE 036 JUDICIAL: 012 COMM 1

SCHOOL : 1

NEXT SCREEN: PF1=HELP PF2=REFRESH PF3=RETURN PF7=VOTER MAINT ENTER=ACTION)0005-YOUR INQUIRY WAS SUCCESSFUL.


13/13

I

The Office of Secretary of State

Orian KempS E C R E TA RY O F S TAT E I RE C T O R O F E L E C T I O NS

Novem ber 18, 2011

Sen t via First Class Ma il an dE-ma il irashee [email protected]

M r. John RasheedC hief C lerk230 Peachtree Street NE , Suite 850A tlanta, Georgia 30303-1402

RE: Candidate Qualification Challenge against Mr. Barak H. ObamaDemo cratic Party C andidate for President

Dear M r. Rasheed:

Pursuant to 0.C.G.A 21-2-5, please find attached two (2) sets of challenges to the

qualifications of Mr. Barak Obama as a candidate for President of the United States. Thesechallenges were filed with the Secretary of State by Messrs. David Farrar and David Welden.The elections for which these challenges were filed will be held on March 06, 2012 for thePresidential Preference Primary and Novem ber 06, 2012 for the G eneral E lection.

Thank you for your assistance with this matter. If you require additional information, please letme know.

Sincerely,

Linda FordDirector, E lections Division

/encl.

2 ML King Jr. Drive SW, Suite 802 West Tower, Atlanta, Georgia 30334

(Tel) 404-656-2871 (Fax) 404-651-9531

www.sos.state.ga.us

LindaToni -

2011-11-Xx Welden Osah Form 1

Documents

Transcript of 2011-11-Xx Welden Osah Form 1