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Excerpts from elections laws to challenge Obama in SC, NV, FL, IA. Need info on NH

Posted on | November 10, 2011 | 3 Comments

MichaelN
Submitted on 2011/11/09 at 9:49pm
South Carolina

h t t p://www.scstatehouse.gov/query.php?search=DOC&searchtext=election&category=CODEOFLAWS&conid=6791931&result_pos=10&keyval=123&numrows=10

“Code of Laws
TITLE 7. ELECTIONS

CHAPTER 11. DESIGNATION AND NOMINATION OF CANDIDATES

ARTICLE 1. METHODS OF NOMINATION

SECTION 7-11-20 Conduct of party conventions or party primary elections generally; presidential preference primaries. [SC ST SEC 7-11-20]
The written certification required by this section must contain a statement that each certified candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications in the United States Constitution, statutory law, and party rules to participate in the presidential preference primary for which he has filed. Political parties must not certify any candidate who does not or will not by the time of the general election meet the qualifications in the United States Constitution, statutory law, and party rules for the presidential preference primary for which the candidate desires to file, and such candidate’s name must not be placed on a primary ballot.”

——————————————

For more searching………….

h t tp://www.scstatehouse.gov/query.php?search=SEARCH&searchtext=election&category=CODEOFLAWS&conid=6791931&result_pos=10&numrows=10

[remove the spacing between H T T P for the link to work]

South Carolina

h t t p://www.scstatehouse.gov/query.php?search=DOC&searchtext=election&category=CODEOFLAWS&conid=6791931&result_pos=10&keyval=123&numrows=10

“Code of Laws
TITLE 7. ELECTIONS

CHAPTER 11. DESIGNATION AND NOMINATION OF CANDIDATES

ARTICLE 1. METHODS OF NOMINATION

SECTION 7-11-20 Conduct of party conventions or party primary elections generally; presidential preference primaries. [SC ST SEC 7-11-20]
The written certification required by this section must contain a statement that each certified candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications in the United States Constitution, statutory law, and party rules to participate in the presidential preference primary for which he has filed. Political parties must not certify any candidate who does not or will not by the time of the general election meet the qualifications in the United States Constitution, statutory law, and party rules for the presidential preference primary for which the candidate desires to file, and such candidate’s name must not be placed on a primary ballot.”

——————————————

For more searching………….

h t tp://www.scstatehouse.gov/query.php?search=SEARCH&searchtext=election&category=CODEOFLAWS&conid=6791931&result_pos=10&numrows=10

[remove the spacing between H T T P for the link to work] guardian1@iprimus.com.auMichaelN0
Approve | Reply | Quick Edit | Edit | Spam | Trash Very important, urgent help in research needed
3 #

MichaelN

Submitted on 2011/11/09 at 9:32pm
Nevada

TITLE 24 – ELECTIONS

CHAPTER 293 – ELECTIONS

h t t p://www.leg.state.nv.us/nrs/nrs-293.html

“VOTERS’ BILL OF RIGHTS

NRS 293.2546 Legislative declaration of voters’ rights.

11. To have complaints about elections and election contests resolved fairly, accurately and efficiently.”
————————–

NRS 293.182 Written challenges concerning qualifications of candidates.

1. After a person files a declaration of candidacy or an acceptance of candidacy to be a candidate for an office, and not later than 5 days after the last day the person may withdraw his or her candidacy pursuant to NRS 293.202, an elector may file with the filing officer for the office a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the Constitution or a statute of this State, including, without limitation, a requirement concerning age or residency. Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the challenged person.

2. A challenge filed pursuant to subsection 1 must:

(a) Indicate each qualification the person fails to meet;

(b) Have attached all documentation and evidence supporting the challenge; and

(c) Be in the form of an affidavit, signed by the elector under penalty of perjury.

3. Upon receipt of a challenge pursuant to subsection 1:

(a) The Secretary of State shall immediately transmit the challenge to the Attorney General.

(b) A filing officer other than the Secretary of State shall immediately transmit the challenge to the district attorney.

4. If the Attorney General or district attorney determines that probable cause exists to support the challenge, the Attorney General or district attorney shall, not later than 5 working days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.

5. If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the Constitution or a statute of this State, or if the person fails to appear at the hearing:

(a) The name of the person must not appear on any ballot for the election for the office for which the person filed the declaration of candidacy or acceptance of candidacy; and

(b) The person is disqualified from entering upon the duties of the office for which he or she filed the declaration of candidacy or acceptance of candidacy.

6. If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorney’s fees and court costs of the challenged person.

(Added to NRS by 2001, 671)

[remove the spacing between H T T P for the link to work]

Nevada

TITLE 24 – ELECTIONS

CHAPTER 293 – ELECTIONS

h t t p://www.leg.state.nv.us/nrs/nrs-293.html

“VOTERS’ BILL OF RIGHTS

NRS 293.2546 Legislative declaration of voters’ rights.

11. To have complaints about elections and election contests resolved fairly, accurately and efficiently.”
————————–

NRS 293.182 Written challenges concerning qualifications of candidates.

1. After a person files a declaration of candidacy or an acceptance of candidacy to be a candidate for an office, and not later than 5 days after the last day the person may withdraw his or her candidacy pursuant to NRS 293.202, an elector may file with the filing officer for the office a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the Constitution or a statute of this State, including, without limitation, a requirement concerning age or residency. Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the challenged person.

2. A challenge filed pursuant to subsection 1 must:

(a) Indicate each qualification the person fails to meet;

(b) Have attached all documentation and evidence supporting the challenge; and

(c) Be in the form of an affidavit, signed by the elector under penalty of perjury.

3. Upon receipt of a challenge pursuant to subsection 1:

(a) The Secretary of State shall immediately transmit the challenge to the Attorney General.

(b) A filing officer other than the Secretary of State shall immediately transmit the challenge to the district attorney.

4. If the Attorney General or district attorney determines that probable cause exists to support the challenge, the Attorney General or district attorney shall, not later than 5 working days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.

5. If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the Constitution or a statute of this State, or if the person fails to appear at the hearing:

(a) The name of the person must not appear on any ballot for the election for the office for which the person filed the declaration of candidacy or acceptance of candidacy; and

(b) The person is disqualified from entering upon the duties of the office for which he or she filed the declaration of candidacy or acceptance of candidacy.

6. If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorney’s fees and court costs of the challenged person.

(Added to NRS by 2001, 671)

[remove the spacing between H T T P for the link to work] guardian1@iprimus.com.auMichaelN0
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MichaelN
Submitted on 2011/11/09 at 9:15pm
Florida Laws and Procedures

h t t p://election.dos.state.fl.us/rules/index.shtml
————————————

h t t p://election.dos.state.fl.us/publications/pdf/2011/2011ElectionLaws_9-20-2011.pdf

“97.012 Secretary of State as chief election officer.
(15)Conduct preliminary investigations into any irregularities or fraud involving voter registration, voting, candidate petition, or issue petition activities and report his or her findings to the statewide prosecutor or the state attorney for the judicial circuit in which the alleged violation occurred for prosecution, if warranted. The Department of State may prescribe by rule requirements for filing an elections-fraud complaint and for investigating any such complaint.”

Election Laws of Iowa 2011

h t t p://www.legis.iowa.gov/DOCS/ElectionLaws/ElectionLaws.pdf

[remove the spacing between H T T P for the link to work]

Category: Uncategorized

Comments

3 Responses to “Excerpts from elections laws to challenge Obama in SC, NV, FL, IA. Need info on NH”

  1. Patty
    November 10th, 2011 @ 5:18 am

    Nevada definitely looks like the way to go.

  2. MichaelN
    November 10th, 2011 @ 1:56 pm

    NEW HAMPSHIRE ELECTION LAWS
    h t t p://www.sos.nh.gov/statutes.htm

    [remove the spacing between H T T P for the link to work]

  3. john
    November 14th, 2011 @ 8:29 am

    There is no possibility of a successful challenge to the eligibility of a sitting President.

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