Obama Ballot Challenge Illinois Jackson Hearing Feb. 2

8/3/2019 Obama Ballot Challenge Illinois Jackson Hearing Feb. 2

http://slidepdf.com/reader/full/obama-ballot-challenge-illinois-jackson-hearing-feb-2 1/41www.elections.il.gov

STATE BOARD OF ELECTIONS

STATE OF ILLINOIS

1020 South Spring Street, P.O. Box 4187 BOARD MEMBER

Springfield, Illinois 62708 William M. McGuffage, Chairm

217/782-4141 TTY:217/782-1518 Jesse R. Smart, Vice Chairm

Fax: 217/782-5959 Harold D. Bye

Betty J. Coff

James R. Thompson Center Ernest L. Gow

100 West Randolph, Suite 14-100 Judith C. Ri

Chicago, Illinois 60601 Bryan A. Schneid

312/814-6440 TTY: 312/814-6431 Charles W. Scho

Fax: 312/814-6485

EXECUTIVE DIRECTOR

Rupert T. Borgsmiller

PUBLIC NOTICE

STATE BOARD OF ELECTIONSand

STATE OFFICERS ELECTORAL BOARDMEETING

The Illinois State Board of Elections will conduct a SPECIAL Board Meeting on Thursday, February 2, 2012

The meeting is scheduled to begin at 11:00 a.m. in the Board’s conference room 14-100 in the James RThompson Center, 100 W. Randolph Street, Chicago, IL and via video conference at the Board’s principoffice located at 1020 S. Spring St., Springfield, IL. Admittance to the 14th floor of the Thompson Centrequires security screening and production of a government issued identification.

The State Board of Elections will convene to consider the candidate withdrawal of Alan Nudo - 52 nd SenaDistrict following certification.

The State Officers Electoral Board will also consider the following objections to candidate nominating petitiofor the March 20, 2012 General Primary Election:

a) Brimm v. Newman, 12SOEBGP102;b) Freeman v. Obama , 12SOEBGP103;c) Jackson v. Obama , 12SOEBGP104;d) Petzel v. Ritter, 12SOEBGP522;e) Rodriguez v. Rutagawibira, 12SOEBGP523;f) Coyle/Bigger v. Miller, 12SOEBGP524;g) Schaeflin/Brezinski v. Cunningham, 12SOEBGP525;h) Billerman/Pettlon v. Harris, 12SOEBGP526;i) Cunningham v. Biggert, 12SOEBGP527;

j) Cunningham v. Harris, 12SOEBGP528;k) Sutton v. Baker, et al,. 12SOEBGP501.

The State Officers Electoral Board will also consider objections wherein the objection was withdrawn in thmatter of Meroni, et al. v. Obama 12SOEBGP500.

The State Officer’s Electoral Board will recess to the State Board of Elections and may address other matteas needed and/or recess into executive session to consider litigation and/or personnel matters.

DATED: January 31, 2012

Rupert T. Borgsmiller, Executive Director


http://slidepdf.com/reader/full/obama-ballot-challenge-illinois-jackson-hearing-feb-2 2/41

BEFORE THE DULY CONSTITUTED ELECTORAL BOARD

FOR THE HEARING OF AND PASSING UPON OBJECTIONS TO

THE NOMINATION PAPERS FOR CANDIDATES FOR THE OFFICE OF

PRESIDENT OF THE UNITED STATES

IN THE MATTER OF THE OBJECTIONS OF )

MICHAEL JACKSON )

TO THE NOMINATION PAPERS OF BARACK ) 12SOEBGP104

OBAMA AS A CANDIDATE FOR THE NOMINATION )

TO THE OFFICE OF THE PRESIDENT OF THE UNITED )

STATES TO BE VOTED UPON AT THE )

MARCH 20, 2012 ELECTIONS. )

OBJECTOR’S EXCEPTION TO RECOMMENDATION OF THE HEARING EXAMINER

DATED JANUARY 27, 2012

NOW COMES Objector Michael Jackson, self-represented, and moves to take Exception to Hearing

Examiner’s Recommendation dated January 27, 2012.

Regarding RECOMMENDATIONS OF THE HEARING EXAMINER takes Exception to the following:

1. OBJECTOR CONTESTS PARAGRAPH 9 AND 10

Paragraph 9 and 10 are incorrect. Objector did in good faith file a response as proven by Number 10

which is Exhibit 1 of Objector’s Opposition to Candidate’s Motion to Strike and Dismiss Objector’s

Petition, which Hearing Examiner Tenuto admitted to receiving before the deadline. Due to Objector’s

error in sending the email to the Examiner and opposing council, the Opposition to the Motion to Strike



did not arrive before the 5p.m. deadline. However the email labeled the Amicus Brief did arrive as

“Exhibit 1 Amicus Brief on Natural Born for Memorandum of Law for Opposition to Motion to Dismiss”.

Exhibit 1 is an Amicus Brief that was just accepted into Obama ballot eligibility cases in Georgia, it is not

“illogical, nonsensical and not worthy of consideration”. On its face as an Amicus Brief that proves

Obama is NOT Constitutionally eligible. The Examiner appears to have made this judgment out of

context. The Amicus Brief is a thorough legal brief based in law which 100% supports Objector’s

argument that Obama is NOT a Natural Born Citizen because of post 14th Amendment Supreme Court

ruling Minor v. Happersett, 88 U.S. pg. 167-168 (1875).

Minor v. Happersett, 88 U.S. pg. 167-68 (1875): “Additions might always be made to the citizenship of

the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the

Constitution itself, for it provides that ‘no person except a natural-born citizen, or a citizen of the United

States at the time of the adoption of the Constitution, shall be eligible to the office of President,‘ and

that Congress shall have power ‘to establish a uniform rule of naturalization.’ Thus new citizens may be

born or they may be created by naturalization.

“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had

elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the

Constitution were familiar, it was never doubted that all children born in a country of parents who

were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-

born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as

citizens children born within the jurisdiction without reference to the citizenship of their parents. As to

this class there have been doubts, but never as to the first. For the purposes of this case it is not

necessary to solve these doubts. It is sufficient for everything we have now to consider that all children

born of citizen parents within the jurisdiction are themselves citizens” (emphasis added).

Objector resubmits the above referenced Amicus Brief by Leo Donofrio as his adopted Memorandum of

Law for this petition. (Exhibit 1)

2. OBJECTOR CONTESTS PARAGRAPH 4 UNDER MOTION TO DISMISS

The Hearing Examiner contends that “the birth certificate attached as Exhibit A clearly establishes the

Candidate’s eligibility for office as a “Natural Born Citizen”. The Hearing Examiner is legally incorrect on

his assessment that Obama’s birth certificate proves he is a Natural Born U.S. citizen. Obama’s counsel

has submitted never before seen prima facie evidence to the Illinois State Elections Board. Obama’s

long form Hawaii birth certificate was not available to the Board during the 2008 election cycle. This

birth certificate proves that Obama is a native born citizen of the United States and on its face also

proves that Candidate Obama is NOT a NATURAL Born Citizen. His mother Stanley Ann Dunham was a

U.S. Citizen but his father Barack Hussein Obama, Sr., was a Kenyan foreign national with British

Citizenship that was passed to Candidate Obama by right at his birth under the British Nationality Act of

1948: 4)” Subject to the provisions of this section, every person born within the United Kingdom and

Colonies after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by



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'N,lli::\rr' ~,eGIIH~g~

ILState BO Chairmen

1020 Sprm~ St.

:Sp l.ng fl ld, IL 6 o·~

Dc.ar Chalrman McGutfage,

M f name IS •••••••• M~'fr:sj,den t· is•••••••••••• I an a rc is crcd voter in rne

'5 ate of IL I arn a constrtuuenatrv law "biding .5. cinz '11 tiorn Of! U.S. &011, I\.1 father "<IS born in MO

a d born ro U,S. ctuzen narcnt . Thi I can attc-; to, b l cannot attest rbat I am a Na rat Born Citjz en

a rnv mo her Was not nat rralrzed <lS;;, U.S. citizen untd arter I~' r: born, hus I could never be a Natu a r

Born Citilen.

Demo ralic pr rrnarv

oauer for Ild a Girt_,iej, [pfor r~ Iden! to I!ltnol 5tatulte 10 H.eS 5/1.0-5· c.hap 46, P4ra

lO ~5 SJ~d(<If'ldid<!tt! N•• bt~/,Il()lrst duly sworn' a,nd 45io1ed~ I ha t $.:lld c.;;nl;ikh'He Is. v: • • • /t,:lJ ony·q eunea [Q

hold such on ojtice . WIU) g((~(ll c Tncern to I Ii et UJl<l1l W'r" queo:.[I<;Jn a~ [ _dl(J ~Jl l(Jilt .~ tl 'JrliS

"hgoffy quallfiad to hold sucb tm olP C-I am h' r.~WjCll:' bmltung Illy bjector' petruor." pH aut to

10 ILCS 5/10-8 ch,ap 46 p,na 10·e:~Whl;;(!i:b'y' "0 r i!!gGi'l rt!l ... ~ -.., hovuu; ob;« !JOII~sounv cril/lcul<: f

ti creo] II" U . J < : prin Ipat iljji'-<;' or ,he' pt1l1 l(jfliJnl b'-'w,IC.h offlCti Of t ti« SWle Boar a oj -/·.;!to/JS,. or I"tbe

affice. of I e etecu rl "U[.P1(U y {JJ loulf di!cll'oll D fP .hjl wttb whom fin' cl:rrljl rt' of nomlnatlon,

(10 tiaotior: putiecs or pctuioo; re on [iic". rv renvOf, \'1 II fL:!> e t to 10 fl.eS S/lA-2.1 (from Ch. 46,

subscribe to the Constit utronot oat ,.. "YOUI' ch a gP.15 gr ~! 111D er to porE:'Sf: thl: Int 'gnry <If our

dlJt.),is to prohibit and rcr ove f rorn our ,Prim:;'" and € 'in !!I'. I ,~I ctro n b Ilot fl.' I'. tlMlC Oharna. <!~ !cis

not "Jcgaf/y qlloii[i .a: to hold th_Off[ 0;' rr8~,Id!~nr.On Fnl1S , a N,.[lJr:t1 Born Cit.i - n in or cW'to' p

Nlegal/y quotifiedto hotd suc/) ail o !T icc" The, U . Cous trrution as vet b 111 in A.rticle llSecticn I CI.ause V

5(0 CS,ar rbc time oj rhe Adoptio oitins Constr .1Ii('}Il, shall be (,,(I(Jib/p f( tbe (jfi eat Pr(.·~.i{J(rt;n. ifn J

shot! any Person be eifg. If" r() (It Office who .'iQ/lllor av= 0 tinned to tire ilgp of rn'Fry-five PC!r~,and

been fourteen Yeors o R rsicen: within {[11?Unitl2'dStates '"W", h~v,~U.S. Supre ~ f! COLIn pr~c.edent

e tablishrng Article II S!xn n I v 11ft the (ul,ng of Minot v, Hap(.ler ett, 88 Sp . 167-' (1875),

1 of 1 1/11 120 127 :33



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"Addition<might alway. be mode to the cnuensntp of the United stores Intwo ways: first by birth, and

second, by naturalization. This is apparent from the Constitution itself- for it provides that 'no oetson

except a natural-born citizen or a citizen of the United States at the time of the adoption of the

Constitution, sholl be eligible to the office of President,' and that Congress shalt have power 'to establish

a uniform rule of naturottzotion.' Thus new ctttzens may be born orthey may be created by

naturalization.

"The Constitutlon does not, in words, soy who shall be noturat-bom citizens. Resort must be hodelsewhere to ascertain that. A t common-law, with the nomenclature of which the framers of the

Constitution were familiar, it was never doubted that all children born ina country of parents who were

its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born

citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens

children born within the jurisdiction without reference to the citizenship of their parents. As to this class

there have been doubts, but never as to the first. Forthe purposes of this case it is not necessary to solve

these doubts. It is sufficientfor everything we have now to consider that all children born of citizen

parents within thejurisdiction are themselves citizens" (emphasis added).

In addition, supporting case law has been adjudicated by the Ll.S, Supreme Court which confirms and

helps define a Natural Born Citizen. 1. The Venus, 12 U,S. 8 Cranch 253 289 (1814): Justice Livingston,

who wrote the unanimous decision, quoted the entire §212nd paragraph from the French edition of

Vattel: 'The citizens are the members of the civilsociety; bound to this society by certain duties, and

subject to its authority, they equally participate in its advantages. The natives or indigenes are those

born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself

but by the children of the citizens, those children naturally follow the condition of their fathers, and

succeed to all their rights." 2. Shanks v. Dupont, 28 U.S.3 Pet. 242 242 (1830): Justice Story, who gave

the ruling, cites the principle of citizenship enshrined in his definition of a "natural born citizen": ... she

might well be deemed under the circumstances of this case to hold the citizenship of herfather, for

children born ina country, continuing while under age in the family of the father, partake ofhis

national character as a citizen of that country.

In light of these facts it is important to know that on April 27, 2011, Barack Hussein Obama released to

the public his birth certificate and placed it on government servers. It clearly shows Barack Hussein

Obama's father asbeing born in Kenya. Prior to Kenya becoming independent in December 1963, it was

a colony of the commonwealth of Great Britain. Barack Obama Sr., was a British citizen and a subject to

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British law and this according to the British Nationali ty Act of 1948 asfol lows: (1/)"5ubject to the

provisions of this section, every person born within the United Kingdom and Colonies after the

commencement of this Act shall be a citizen of the United Kingdom and Colonies by birth: (S)Subject to

the provisions of this section, a person born after the commencemenr of this Act shall be a citizen of the

Uni ted Kingdom and Colonies by descent if his father is a citizen of rhe Unlred Kingdom and Colonies ot

the time of the birth ...

Under the British Nationality Act of 1948, Obama's father became a British citizen under Section 4 by

being born on the so il of an English Colony, Kenya. Under Section 5, when Obama wa s born in 1961 in

Hawaii or some other place, he automatically became a British citizen by descent f rom his father who

was a British citizen under Section 4. Barack Obama's father never became a U.S. citizen. He was a

foreign student on a VISAgranted by the INS. Supporting documents and references will be provided to

attest to the veracity of these fac ts ( ).

It therefore appears that Barack Obama does not meet the Constitutional requirements for seeking and

holding the off ice of President of the United States because: Mr. Obama isnot a natural born citizen, as

required by Article II, Section 1of the Uni ted States Constitution. Accordingly, I hereby challenge Mr.

Obama's qualifications to seek and hold the office of President of the United States on such gr ound s.

I, Michael Jackson seek relief by the prohibition of Barack Hussein Obama on the U.S. Presidential ballot.

Barack Hussein Obama is not "legally qualified" to be on the president ial ballot as he is not a Natural

Born Citizen, which is a requirement mandated in Article II Section I Clause V of our U.S. Constitution to

be eligible for President or Vice President. Moreover, I would seek relief in the recovery of all litigation

expenses incurred; that my 14thAmendment rights provided in Section 1 of U.S.Constitution are not

deprived nor caused to suffer injury.

For Christ and Country and Most Respectfully,

Signedy/t-d,oJ! ! j l ~l(i:,6'>-

Date !-t) - IL

ljV'v

KC J .. - 5Zl. ( _

SEAl.TERRY L. SCHULTZ <.,

NOTARY PUBUC· S TA TE O F IU JH OIS

, MYCOMMISSION EXPIRES ~*~5

Obama Ballot Challenge Illinois Jackson Hearing Feb. 2

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Transcript of Obama Ballot Challenge Illinois Jackson Hearing Feb. 2