10 states now developing eligibility-proof demands
107 Electoral College votes controlled by Arizona, Texas, Connecticut, others
January 26, 2011
By Bob Unruh
© 2011 WorldNetDaily
Arizona may have the most advanced plan, but 10 of the United States – controlling 107 Electoral College votes – are now considering some type of legislation that would plug the hole in federal election procedures that in 2008 allowed Barack Obama to be nominated, elected and inaugurated without providing proof of his qualifications under the U.S. Constitution.
And they aren't all the simple legislation such as that adopted in New Hampshire a year ago that requires an affidavit from a candidate stating that the qualifications – age, residency and being a "natural born citizen" – have been met.
In Georgia, for example, HB37 by Rep. Bobby Franklin not only demands original birth-certificate documentation, it provides a procedure for and declares that citizens have "standing" to challenge the documentation.
Franklin told WND the least that leaders of the United States, on a state or federal level, can do is to follow the requirements of the law of the land.
His plan, he said, is needed because he saw "requirements in the Constitution that you don't have a code provision to ensure that it happens."
"If we as an entity of civil government don't follow the laws, then what makes us think that our citizens are going to obey anything we enact?" he said. "We need to lead by example."
WND reported just one day ago that Arizona, which had a plan to require documentation of eligibility from presidential candidates passed by the state House a year ago, had proposed a new plan.
According to officials with the National Conference of State Legislatures, 10 states already have some sort of eligibility-proof requirement plan.
There is Arizona's HB2544, Connecticut's SB391, Georgia's HB37, Indiana's SB114, Maine's LD34, Missouri's HB283, Montana's HB205, Nebraska's LB654, Oklahoma's SB91, SB384 and SB540, and Texas; HB295 and HB529.
Led by Texas with 34, the states control 107 Electoral College votes.
The NCLS said New Hampshire last year adopted HB1245, but it requires only a statement under penalty of perjury that a candidate meets the qualification requirements of the U.S. Constitution, which is something similar to what the political parties already state regarding their candidates.
Other plans were considered last year in Texas, South Carolina, Oklahoma, Missouri, Minnesota, Maine and Arizona, and Arizona's probably got the closest to law, falling a "pocket veto" short in the state Senate, despite widespread support.
This is the one that could change the game. A plan in Arizona to require presidential candidates to prove their eligibility to occupy the Oval Office is approaching critical mass, even though it has just been introduced.
The proposal from state Rep. Judy Burges was brought forth with 16 members of the state Senate as co-sponsors. It needs only 16 votes in the Senate to pass.
In the House, there are 25 co-sponsors, with the need for only 31 votes for passage, and Burges told WND that there were several chamber members who confirmed they support the plan and will vote for it, but simply didn't wish to be listed as co-sponsors.
The proposal is highly specific and directly addresses the questions that have been raised by Barack Obama's occupancy of the White House. It says:
Within ten days after submittal of the names of the candidates, the national political party committee shall submit an affidavit of the presidential candidate in which the presidential candidate states the candidate's citizenship and age and shall append to the affidavit documents that prove that the candidate is a natural born citizen, prove the candidate's age and prove that the candidate meets the residency requirements for President of the United States as prescribed in article II, section 1, Constitution of the United States.
"I think every American should consider it of prime importance to ensure that all candidates for the highest elected position in our nation meet all constitutional requirements," she told WND.
The Arizona bill also requires attachments, "which shall be sworn to under penalty of perjury," including "an original long form birth certificate that includes the date and place of birth, the names of the hospital and the attending physician and signatures of the witnesses in attendance."
It also requires testimony that the candidate "has not held dual or multiple citizenship and that the candidate's allegiance is solely to the United States of America."
"If both the candidate and the national political party committee for that candidate fail to submit and swear to the documents prescribed in this section, the secretary of state shall not place that presidential candidate's name on the ballot in this state," the plan explains.
The governor's office is occupied by Republican Jan Brewer, who has had no difficulty in bringing direct challenges to Washington, such as in 2010 when lawmakers adopted provisions allowing state law-enforcement officers to enforce federal immigration law. The move prompted an immediate court challenge by Washington.
In Connecticut, SB291 has been referred to the Judiciary Committee.
It would require "that candidates for president and vice-president provide their original birth certificates in order to be placed on the ballot."
That is needed to make sure the candidate "is a natural born United States citizen, prior to certifying that the candidate is qualified to appear on the ballot."
In Georgia, HB37 by Rep. Bobby Franklin not only demands original birth-certificate documentation, it provides a procedure for and declares that citizens have "standing" to challenge the documentation.
"Each political party shall provide for each candidate ... original documentation that he meets the qualifications of Article, 2 Section 1, Paragraph 1, and Article 2, Section 1, Paragraph 5 of the United States Constitution to serve as president of the United States if elected to such office," it states.
"Any citizen of this state shall have the right to challenge the qualifications of any such candidate within two weeks following the publication of the names of such candidates," it says.
In Indiana it was Sen. Mike Delph who proposed SB114 to require candidates to provide a certified copy of their birth certificate and include an affirmation they meet the Constitution's requirements for the president.
It calls for the candidates "to certify that the candidate has the qualifications provided in Article 2, Section 1, Clause 5 of the Constitution" and accompany that certification with "a certified copy of the candidate's birth certificate, including any other documentation necessary to establish that the candidate meets the qualifications."
In also provides "that the election division may not certify the name of a nominee for president or vice president of the United States unless the election division has received a nominee's certification and documentation."
On his blog, commentator Gary Welsh observed that state law already requires the elections division to deny ballot access to unqualified candidates:
"However, it makes no provision for requiring candidates to furnish any evidence with their declaration of candidacy to indicate whether they are eligible to hold the office. Article II, Section 1 of the U.S. Constitution requires a person to be a natural born citizen, at least 35 years of age and have resided within the United States for at least 14 years in order to be eligible to be president. Under Delph's legislation, no major party candidate will be eligible for the Indiana presidential primary unless they file a declaration of candidacy attesting that he or she meets the constitutional eligibility requirements and furnish the state election's division with a certified copy of the candidate's birth certificate and any other evidence the Commission may require to establish the candidate satisfies the constitutional eligibility requirements."
He cited the "unprecedented" 2008 election, where "the candidates nominated by both major parties for president had questions raised by citizens about their eligibility, which resulted in dozens of lawsuits being filed across the country. Sen. John McCain's birth in Panama where his father was serving his country in the Navy led to lawsuits being filed against his candidacy, while questions about the birthplace of Barack Obama resulted in even more lawsuits being filed challenging his eligibility.
"Obama furnished to Factcheck.org what was purported to be a certified copy of his birth certificate [the online certification of live birth], although questions lingered about his natural born status because his father was not a U.S. citizen and persistent Internet rumors that he was actually born in Kenya and not Hawaii as he claimed."
But he said the issue was that neither candidate was "required to furnish any election authority with any document such as a birth certificate ... ."
He said, "After [Sen. John] McCain was nominated at the Republican National Convention, Republican officials filed with the elections division a certificate of nomination that attested both he and his vice presidential candidate, Sarah Palin, met the eligibility requirements set out in the U.S. Constitution. The certificate of nomination filed by Democratic Party officials for Obama and his running mate, Joe Biden, contained no similar attestation.
"Critics will no doubt poke fun at SB114 and label Delph and those who support it as 'birthers.' To them I say it is no more absurd than the documentary proof required under state law for persons seeking a driver's license, or requiring all registered voters to present a valid picture ID in order to cast a vote in person at an election. And it certainly is no more burdensome than evidence required of ordinary citizens in any number of transactions," he said.
On Welsh's blog, a forum participant wrote, "All I can say is he is the only president in my memory who has not only REFUSED to present medical records, tax records, birth records, college records, etc., but he has hired a battalion of lawyers who vigorously fight every effort to force him to. Why is he so secretive?"
Maine's LD34 calls for a requirement for candidates for public office to provide proof of citizenship.
It states, "A candidate for nomination by primary election shall show proof of United States citizenship in the form of a certified copy of the candidate's birth certificate and the candidate's driver's license or other government-issued identification to the Secretary of State."
The Missouri plan, HB283, by nearly two dozen sponsors, would require that certification for candidates "shall include proof of identity and proof of United States citizenship."
In Nebraska, with LB654, the certification for candidates would "include affidavits and supporting documentation."
That paperwork would need to document they meet the "eligibility requirements of Article II, Section 1, of the Constitution of the United States."
It requires an affidavit that says: "I was born a citizen of the United States of America and was subject exclusively to the jurisdiction of the United States of America, owing allegiance to no other country at the time of my birth."
Under Montana's plan by Rep. Bob Wagner, candidates would have to document their eligibility and also provide for protection for state taxpayers to prevent them from being billed for "unnecessary expense and litigation" involving the failure of 'federal election officials' to do their duty.
"There should be no question after the fact as to the qualifications [of a president]," Wagner told WND. "The state of Montana needs to have [legal] grounds to sue for damages for the cost of litigation."
Wagner's legislation cites the Constitution's requirement that the president hold "natural born citizenship" and the fact that the "military sons and daughters of the people of Montana and all civil servants to the people of Montana are required by oath to defend and uphold the Constitution of the United States and Montana against enemies foreign and domestic."
But there are estimates of up to $2 million being spent on Obama's defense against eligibility lawsuits. There have been dozens of them and some have been running for more than two years. So Wagner goes a step beyond.
"Whereas, it would seem only right and just to positively certify eligibility for presidential and congressional office at the federal level; and whereas, it is apparent that the federal authority is negligent in the matter; therefore, the responsibility falls upon the state; and whereas, this act would safeguard the people of Montana from unnecessary expense and litigation and the possibility that federal election officials fail in their duty and would ensure that the State of Montana remains true to the Constitution," says his proposed legislation.
In Oklahoma, SB91 would require "proof of citizenship for certain candidates" and take the openness one step further, allowing the public access.
It demands an "original" birth certificate issued by a state, the federal government, or documentation of a birth of a U.S. citizen abroad ...
"Copies of these documents shall be made by the election board and kept available for public inspection pursuant to the Oklahoma Open Records Act.
In Pennsylvania, there was excitement over the GOP majority of both houses of the state legislature as well as the governor's office.
Assemblyman Daryl Metcalfe told WND he is working on a proposal that would demand documentation of constitutional eligibility.
He described it as a "problem" that there has been no established procedure for making sure that presidential candidates meet the Constitution's requirements for age, residency and being a "natural born citizen."
"We hope we would be able to pass this legislation and put it into law before the next session," he said.
A bill filed for the Texas Legislature by Rep. Leo Berman, R-Tyler, that would require candidates' documentation.
Berman's legislation, House Bill 295, is brief and simple:
It would add to the state election code the provision: "The secretary of state may not certify the name of a candidate for president or vice-president unless the candidate has presented the candidate's original birth certificate indicating that the person is a natural-born United States citizen."
It includes an effective date of Sept. 1, 2011, in time for 2012 presidential campaigning.
State Rep. Leo Berman
Berman told WND he's seen neither evidence nor indication that Obama qualifies under the Constitution's requirement that a president be a "natural-born citizen."
"If the federal government is not going to vet these people, like they vetted John McCain, we'll do it in our state," he said.
He noted the Senate's investigation into McCain because of the Republican senator's birth in Panama to military parents. An earlier petition had been directed at all controlling legal authorities at the federal level to address the concerns expressed by Americans, and it attracted more than half a million names.
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