Eligibility challenge returns to haunt Florida

WND/ Bob Unruh

cowboybyte.com

A lawsuit challenging Barack Obama’s presence on the 2012 presidential election ballot because of questions over his constitutional eligibility that was thrown out by a judge who earlier determined it wasn’t timely has returned to haunt election officials in the state with a request that the Obama victory results be quashed.

“Defendant Barack Hussein Obama is a direct threat to the safety and security of the United States, and its Constitution, which plaintiff must protect and defend by oath,” according to the complaint, which was delivered to Secretary of State Ken Detzner today.

The case earlier this year was dismissed by Circuit Judge Terry Lewis, who said Obama’s eligibility could not be challenged at that time because under Florida election law, technically, Obama hadn’t been nominated to the position.

As WND reported, Michael Voeltz, who identifies himself as “a registered member of the Democratic Party, voter and taxpayer in Broward County,” had challenged Obama’s eligibility, arguing that the “natural born citizen” clause was rightly understood in historical context to mean a child not only born in the U.S., but born to two American-citizen parents, so as not to have divided loyalties. Obama, however, readily admits to being born a dual citizen because of his father’s British citizenship.

In his decision then, Lewis noted that the United States Supreme Court has concluded that “every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States.”

However, attorney Larry Klayman, who is representing Voeltz, said, “The judge equated being a ‘citizen’ with a ‘natural born citizen’ and cited no authority to conclude the two terms are the same. He quotes other state’s cases, where judges reached that conclusion, but that’s not precedent for him. What other courts said in lower cases means nothing to him.”

Klayman also had been concerned that the judge determined the burden of proof that Obama is ineligible fell on Voeltz – but then refused to authorize discovery in the case which could have confirmed that eligibility status.

“How can you say we have the burden of proof, then not allow discovery?” Klayman asked. “He says we have burden, but doesn’t allow us to meet it.”

And he said Voeltz has standing to bring the case, under Florida law. More >>