PA - 2012-08-28 - KERCHNER - Obama Motion to Strike and Dismiss Tfb

8/2/2019 PA - 2012-08-28 - KERCHNER - Obama Motion to Strike and Dismiss Tfb

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DBI/69192599.1



IN THE COMMONWEALTH COURT OF PENNSYLVANIA

In re: Barack Hussein Obama, II

Aka Barack Hussein Obama,

Aka Barack H. Obama

Objection of: Charles F. Kerchner, Jr.

and Dale A. Laudenslager

No.: 85 M.D. 2012

MOTION TO STRIKE AND DISMISS OF PRESIDENT BARACK OBAMA

Candidate President Barack Obama hereby moves to strike and dismiss the objection of

Charles F. Kerchner, Jr. and Dale A. Laudenslager on the following grounds:

1. Objectors lack standing to challenge the nomination petition because they were

not members of the Democratic Party as of (a) the time they verified their challenge petition or

(b) the deadline for filing of the nomination petition.

2. This Court lacks jurisdiction to consider a challenge to President Obama's

eligibility lmder the U.S. Constitution for the office of President of the United States. No

candidate':; affidavit averring eligibility was filed, or required to be filed, under Section 910 of

the Election Code, 25 P.S. § 2870. Because no such affidavit was required or filed, this Court

lacks jurisdiction to consider a challenge to President Obama's eligibility.

3. The contention which is the sole basis for Objectors' Complaint - that, despite

being born in the United States, President Obama is not a "natural born citizen" eligible to be

President because his father was not a U.S. citizen - is legally meritless and has been uniformly

rejected.

In u p p o r t of this Motion, Candidate President Barack Obama relies on and incorporates

by reference the attached Memorandum of Law and exhibits thereto.

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PA - 2012-08-28 - KERCHNER - Obama Motion to Strike and Dismiss Tfb

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