Draft of Petition to stay ballot placement or alternatively count of votes for candidate Obama in the state of New Hampshire
Posted on | December 24, 2011 | 1 Comment
DR. ORLY TAITZ, ESQ
29839 SANTA MARGARITA, STE100
RANCHO SANTA MARGARITA, CA 92688
PHONE 949-683-5411 FAX 949-766-7603
ORLY.TAITZ@GMAIL.COM
CA BAR LIC 223433 IN PROPRIA PERSONA
SUPREME COURT
STATE OF NEW HAMPSHIRE
| DR. ORLY TAITZ, ESQ; NEW HAMPSHIRE STATE REPRESENTATIVES LARRY RAPPAPORT , HARRY ACCORNERO, LUCIEN VITA , CAROL VITA, MOE VILLENUEVA, PRESIDENTIAL CANDIDATES LEAH LAX, THOMAS MAC LERAN, CODY JUDY et al PLAINTIFFS ,
VS. BRAD COOK, MARTHA VAN OOT, JAMISON FRENCH, MARGARET ANN MORAN, JANE CLEMONS- MEMBERS OF THE BALLOT LAW COMMISSION; BILL GARDNER SECRETARY OF STATE OF NEW HAMPSHIRE DEFENDANTS |
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CASE NO.: 2011-0880
EMERGENCY PETITION FOR STAY OF THE DECISION OF THE SECRETARY OF STATE GARDER AND BALLOT LAW COMMISSION DECISION TO PLACE THE NAME OF INELIGIBLE CANDIDATE BARACK HUSSEIN OBAMA ON NEW HAMPSHIRE PRIMARY BALLOT DUE TO OBAMA’S LACK OF NATURAL BORNUS CITIZEN STATUS AND LACK OF VALID IDENTIFICATION PAPERS SUCH AS BIRTH CERTIFICATE AND SOCIAL SECURITY NUMBER ALTERNATIVELY PETITIONERS ARE SEEKING AN ORDER NOT TO COUNT ANY VOTES FOR OBAMA UNTIL THE ISSUE OF HIS ELIGIBILITY IS RESOLVED |
Under Rule 7-A of the Rules of the Supreme Court of the State of New Hampshire Plaintiffs herein are moving this Honorable court to stay placement on New Hampshire primary ballot the name of ineligible candidate Barack Hussein Obama until the issue of his eligibility is resolved by this Honorable court.
ARGUMENT
Rule 7-A of the Supreme Court of New Hampshire allows for a stay of an order of a lower tribunal.
Plaintiffs, a number of whom are duly elected State Representatives of the State of New Hampshire and Presidential candidates filed a petition with the Secretary of State Gardner requesting to remove from the primary ballot in the State of New Hampshire an ineligible candidate Barack Hussein Obama. Petition was based on following premises:
1. From birth Barack Obama was a foreign citizen and had allegiance to foreign nations due to his father’s citizenship, His father, Barack Obama senior, was never a U.S. citizen and was never even a resident alien, he never even had a Green Card. Obama senior was in the US for a short time on a student visa. From birth Obama was a citizen of Great Britain, from age two a citizen of Kenya and from approximately age 5 a citizen of Indonesia. According to the Supreme court precedent of Minor v Happersett 88 U.S. 162 (1875) as a foreigner he was never considered a natural born US citizen and never qualified for the position of the U.S. President. Minor states: “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 the 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.” (emphasis added). From birth due to his father’s foreign citizenship Obama was a foreigner or alien and never qualified as a natural born U.S. citizen.
2. Barack Obama does not possess any valid U.S. identification to prove his Natural born citizenship status or even citizenship status. Complaint contained Barack Obama’s tax returns and Selective service certificate, which show him using a Connecticut Social Security number 042-68-4425, which was never assigned to him according to SSNVS and E-verify. Not only this is indicative of lack of a Natural Born citizenship status, as Natural born Citizens can obtain a valid Social Security number, but it is evidence of a serious felony of Social Security fraud and elections fraud. This court is asked to use its’ inherent powers to prosecute candidate Obama for Social Security fraud and elections fraud.
3. Candidate Obama does not possess a valid birth certificate. Alleged copy of his original long form birth certificate recently posted by Obama on line, was found by a number of experts to be a computer generated forgery.
4. There is no evidence that the name used by Obama, is his legal name, as recently released under FOIA passport records of his mother show him listed as Barack Obama Soebarkah and his school records from Indonesia show him using last name Soetoro. There is no evidence of him ever legally changing his last name to Obama. (copy of the petition was provided to this court with the complaint)
5. Gardner refused to remove Obama from the ballot and the matter was forwarded to the ballot law commission.
6. Member of the ballot law commission acted with an unprecedented malice and defrauded the petitioners and the citizens of the state of New Hampshire and the citizens of the United States of America by claiming that they do not have authority and jurisdiction to investigate the matter and that as long as a candidate filled out a form and paid a required $1,000 he can be on the ballot. In reality, on multiple occasions both the secretary of State and the Ballot Law commission removed from the ballot individuals, who do not qualify. Exhibits 1 and 2 show that the candidate Sal Mohamad and Abdul Hassan ESQ were removed from the ballot specifically because they are not natural born U.S. citizens. Petitioners are concerned and are asking this Honorable court to use its’ inherent powers to investigate, whether the members of ballot law commission received any incentives to defraud the citizens of the state of New Hampshire.
7. A complaint Taitz et al v Gardner et al 2011-0880 was filed with this court, seeking to overturn the decision of the Secretary of State and the Ballot Law Commission. Petition brought under Rule 7,10 and 11.
8. Primary election is approaching and is scheduled for January 10th, 2012. Due to the exigency, petitioners are asking this Honorable court to issue a stay in disallowing the Secretary of State to place Obama’s name on the ballot or alternatively not count any votes received in the primary election by Obama until the issue of his eligibility is resolved by this court.
9. On Wednesday December 7, 2011 through Deputy Secretary of State David Scanlan Petitioner Taitz forwarded a request for stay, (Exhibit 3) but did not receive any response one way or another and is requesting this court to treat lack of response as a denial for of request for stay. Rule 7-A-(1) require that the movant first unsuccessfully seek similar relief from the lower tribunal. Petitioner is requesting to treat lack of response as an unsuccessful attempt to seek relief from a lower tribunal.
8. Candidate Obama will not suffer any hardship by such a stay, as if he is not eligible, than he will not be harmed, as he could not be on the ballot in the first place.
9. Petitioners and the public at large will be harmed by four more years of the usurpation of the US presidency by an individual, who is not Constitutionally eligible and does not possess any valid identification papers to show his eligibility.
10. In balancing the hardships, petitioners and the public will experience far greater hardship.
11. Ascertaining the legitimacy of the candidate for the U.S. Presidency is in the best interest of the public and is favored as a matter of public policy.
12. Extraordinary harm to the public cannot be abated by any other remedies.
CONCLUSION
Due to all of the above, this court should grant a stay to placement of the name of candidate Obama on New Hampshire ballot or alternatively not count votes for Obama until the issue of his eligibility is resolved by this court.
Respectfully submitted
/s/ Orly Taitz, ESQ
PROPOSED ORDER TO LOWER TRIBUNAL
This court orders the Ballot Law Commission and the Secretary of state of New Hampshire to stay placing the name of the candidate Barack Hussein Obama on the ballot in the state of New Hampshire until the issue of his natural born citizen status and eligibility for the U.S. Presidency is determined by the Supreme Court of New Hampshire. In the eventuality that it is practically impossible not to place Obama’s name on the ballot or remove from the ballot due to proximity to the election date, Secretary of State and Ballot Law commission are ordered to stay count of votes for candidate Obama until his natural born U.S. citizen status and Constitutional eligibility is adjudicated by the Supreme Court of New Hampshire
Signed
Dated
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