By Bob Unruh
© 2010 WorldNetDaily

The case, filed pro se by Pamela Barnett, was launched to challenge the eligibility of Damon Dunn as a candidate in the Republican primary for the state office that oversees all elections.

The twist is that the other GOP candidate was lawyer Orly Taitz, who has played a key role in a multitude of legal cases challenging Barack Obama’s eligibility to be president. Taitz had stated that if elected, she would use the power of the state office to require the verification of Obama’s eligibility.

That dispute persists because of the Constitution’s demand that the president, unlike other officials in the government, be a “natural born citizen,” a term that many analysts believe to mean a citizen of the U.S. born of two parents who are citizens.

There’s a new strategy to get answers to Obama’s eligibility questions. See how you can help.

Obama has written that he was born in Hawaii, although documentation beyond a computer image of a birth certification summary has not been released. Critics point out that even Hawaii has issued such documents to babies not born in the state.

Barnett has alleged in her lawsuit against Dunn, current Secretary of State Debra Bowen, Attorney General Jerry Brown and others that Dunn is a Democrat-leaning plant in the race to make sure that Bowen, who refused to demand eligibility verification from Obama, remains in office.

The lawsuit, however, also cited the U.S. Election Assistance Commission, and because of that, U.S. Attorney Benjamin Wagner explains, the case is being moved to the federal court system, where dozens of challenges involving Obama’s eligibility have been shut down over the issue of “standing” – or the damages suffered by the plaintiff.

While the case was filed before the primary election, the primary results left Dunn opposing Bowen in the general election.

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“Please take notice that the United States of America, through its undersigned counsel, removes the civil action reflected in the attached pleading from the court of the State of California where it was pending, [so] that the proceedings be governed by the applicable federal rules and statutes,” the federal document explains.

The court filing was signed by Yoshinori Himel on behalf of Wagner.

The case alleges Dunn did not have a valid or current California drivers license as required on the state’s voter registration form to affiliate with the GOP and be qualified to vote. It also alleges irregularities including missed deadlines, an alleged previous affiliation with the Democratic Party and other concerns.

The complaint alleges Dunn was posing as a Republican and that state officials refused to investigate his bona fides, just as they refused to investigate Obama’s prior to the 2008 election.

“In regard to the 2008 presidential election, Bowen was notified of potential fraud committed by the campaign of Barack Hussein Obama on the voters of California Dec. 8, 2008, and Bowen failed to follow the Voter Complaint guidelines … as plaintiff never received a ‘final determination’ as required by law,” the complaint said.

Further, instead of responding to similar queries from Taitz, Bowen refused to investigate and later described Taitz public as a “conspiracy theorist” in Bowen’s own campaign literature.

The case alleges a “pattern” of fraud and claims “irreparable harm to plaintiff along with those similarly situated” for “the denial of Republican Party voters of an accurate ballot and representation according to the law.”

Barnett also was a lead plaintiff in one of the early lawsuits alleging Obama is not eligible to occupy the Oval Office. In that case, now pending at the U.S. 9th Circuit Court of Appeals, some of the plaintiffs in the case were represented by Taitz, an attorney and dentist. Other plaintiffs were represented by Gary Kreep of the United States Justice Foundation.

Taitz, who has sued Bowen several times to try to get her to take action on Obama’s alleged ineligibility, announced when she confirmed her candidacy she wanted to demand the documentation of eligibility from Obama herself.

Barnett told WND her challenge to Dunn is based on evidence he was registered as a Democrat in Florida shortly before staking his claim to the GOP nomination for secretary of state in California. The challenge to Bowen is based on her refusal to act on complaints about election law infraction allegations. Barnett also targets California Attorney General Jerry Brown for not responding to her documentation about Bowen and Dunn.

A Dunn campaign official today told WND the candidate has moved beyond the claims.

The earlier case with Barnett as a plaintiff earned a hearing in U.S. District Court before Judge David Carter, who raised a few eyebrows by finding: “There may very well be a legitimate role for the judiciary to interpret whether the natural born citizen requirement has been satisfied in the case of a presidential candidate who has not already won the election and taken office.”

But he continued with his ruling that since Obama already was in office, “any removal of him from the presidency must be accomplished through the Constitution’s mechanisms for the removal of a president, either through impeachment or the succession process set forth in the Twenty-Fifth Amendment.”

Barnett’s new case, filed in Superior Court of California in Sacramento, explains that to be eligible to run for secretary of state, the state’s chief elections officer, “a declared and a nominated candidate shall under [Paragraph] 201 of the California Elections Code ‘be a registered voter and otherwise qualified to vote for the office at the time nomination papers are issued.'”

But the lawsuit alleges Dunn filed a registration to vote in California and to affiliate with the California Republican Party March 13, 2009. It explains that state law requires that a candidate not have been “registered as affiliated with a qualified political party other than that political party the nomination of which he seeks within 12 months.”

The complaint explains that Dunn on Nov. 5, 2009, “who had been registered and enrolled/affiliated with the Florida Democratic Party within 12 months, filed the declaration for his candidate for the California Republican Party nomination.”

Further, the case accuses Dunn of trying to expunge his Florida record so it could not be traced.

“According to a letter written April 13, 2010, by Jean Marie Atkins Director of Voter Administration the Duval County Board of Election and obtained in person by Dr. Orly Taitz while in Florida … Defendant Dunn contacted the Florida Board of Elections to have any record of enrollment or affiliation with the Florida Democratic Party in the Duval County database expunged from the official record,” the lawsuit claims.

An earlier complaint to the state’s elections office generated no response, the lawsuit explains, despite the evidence of an infraction.

WND has covered a multitude of challenges and lawsuits over Obama’s eligibility. Some have alleged that he was not born in Hawaii in 1961 as he has written, or that the framers of the Constitution specifically excluded dual citizens – Obama’s father was a subject of the British crown at Obama’s birth – from being eligible for the office.

Besides Obama’s actual birth documentation, the still-concealed documentation for him includes kindergarten records, Punahou school records, Occidental College records, Columbia University records, Columbia thesis, Harvard Law School records, Harvard Law Review articles, scholarly articles from the University of Chicago, passport, medical records, his files from his years as an Illinois state senator, his Illinois State Bar Association records, any baptism records and his adoption records.

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