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OSAH FORM 1 This form is available online at http://www.osah.qa.ciov or by telephone request at (404) 657-2800 OSAH USE ONLY DOCKET NUMBER ECSTATE AGENCY CODE CASE TYPE CE DOCKET NUMBER I  (a 023 COUNTY t , 0 JUDGE  rr, ir y y , NAME OF REFERRING AGENCY: EORGIA SECRETARY OF STATE CHALLENGE TO CANDIDATE QUALIFICATIONS DATE OF REQUEST FOR HEARING: December 06, 2011 COUNTY OF CANDIDATE: Fulton CONTACT PERSON IN REFERRING AGENCY NAME: TEL NO: FAX NO: Linda Ford 404-657-5380 404-651-9531 CURRENT ADDRESS INCLUDING ZIP CODE ON HEARING REQUEST POSITION EMAIL: Elections Division Director, Elections Division [email protected] 8 th Floor West Tower Office of the Georgia PAGER: 2 Martin Luther King, Jr. Drive Secretary of State Atlanta, Georgia 30334-1530 PETITIONER * NAME: Kevin Richard Powell TEL NO: FAX NO: CURRENT ADDRESS INCLUDING ZIP CODE ON HEARING REQUEST 2633 Davenham Lane Duluth, Georgia 30096-9242 POSITION Elector EMAIL: [email protected] PAGER: PETITIONER * NAME: TEL NO: FAX NO: CURRENT ADDRESS INCLUDING ZIP CODE ON HEARING REQUEST - - POSITION EMAIL: PAGER: ATTORNEY FOR PETITIONER ATTORNEY NAME: None identified r :i , ?(L TEL NO: FAX NO: RESPONDENT** NAME: Yk. -''''' Barack Obama   - \1 ', TEL NO: FAX NO: CURRENT ADDRESS INCLUDING ZIP CODE ON HEARING REQUEST c/o Michael Jablonski 260 Brighton Road NE Atlanta GA 30309 EMAIL: michaeljablonski©comcastmet PAGER: ATTORNEY FOR RESPONDENT NAME: Michael Jablonski TEL NO: (404) 290-2977 FAX NO: (815) 846-0719 * PARTIES CHALLENGING QUALIFICATIONS ARE THE PETITIONERS ** CANDIDATE IS THE RESPONDENT Attach the Complaint or Petition for Hearing and Summons to be served on the Respondent. Please also attach a sheet identifying any applicable statutes or rules and highlight any such statutes or rules that establish any specific timeframes or procedures that are to be applied by in resolving the matter. Mail to: Clerk of Court Office of State Administrative Hearings 230 Peachtree Street, NW, Suite 850 Atlanta, GA 30303  OSAH FORM 1 Attachment No. 2 Applicable Laws and Regulations: a) United States Constitution (U.S. Const. art. II, § 1, cl. 5.) b) O.C.G.A. §§ 21-2-5(a) and (b) c) O.C.G.A. § 21-2-193 Special Requirements: The Presidential Preference Primary is scheduled for Tuesday, March 06, 2012. The hearing for this matter and a decision is needed on or before the Presidential Preference Primary date. The Petitioner has not informed the Secretary of State of any conflicts. Petitioner has not indicated whether he will be represented by counsel in this matter. This challenge has been initiated by a private citizen and not by the Secretary of State. Unless the Administrative Law Judge wishes for counsel for the Secretary of State to be present at the hearing, representatives of and counsel for the Secretary of State will not be participating in this hearing.

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• • OSAH FORM 1Attachment No. 3

G E O R G IA D E M O C R AT SWINNING THE FUTURE

rei

November 1, 2011

The Honorable Brian P. Kemp

Secretary of State

214 State Capitol

Atlanta, GA 30334

Dear Secretary of State Kemp:

....,..• .• • 7: —.I _ n

4 - -

Pursuant to OCGA 21-1-193, the Executive Committee of the Democratic Party of Georgia authorized the

transmittal of this letter to your office by Page K. Gleason, the Executive Director of the Democratic

Party of Georgia, at their meeting on October 20, 2011.

This letter is to inform you of the candidates whose names should appear on the March 6 Democratic

Presidential Preference Primary Ballot. The Democratic Party does not require petitions, signatures, or

fees from candidates seeking presidential nomination. Candidates seeking to be listed on the

Democratic Presidential Preference Primary Ballot should notify the Executive Committee in writing by

October 31, 2011. One candidate has submitted such a letter, and his name will appear on the

Democratic Presidential Primary Ballot:

Barack Obama

If you have any questions, please contact Executive Director Page Gleason at 678-278-2012 ext. 302 or

page(ffigeorgiademacrat.org .

Thank you,

Mike ffierlon

Chair

Democratic Party of Georgia

on behalf of the Executive Committee of the Democratic party of Georgia

PAID FOR EY THE DEMOCRATIC PARTY OF GEORGIA • POST OFFICE BOX 20442 • ATLANTA, GA 30325M I K E B E R L O N , C HA I R ; N I KE M A W I L L IA M S , F IR S T V I C E • C HA I R ; R U S S E L L E D WA R D S , T R E A S U R E R ; R J H A D L E Y,

V I C E C H A I R ; M I G U E L C A M A C H O , V I C E C H A I R ; R E P. P E D R O " PE T E " M A R I N , VI C E C H A I R ; L AV E R N E G A S K I NS , S E C R E T A RYNOT AUTHORIZED BY ANY CANDIDATE OR CANDIDATE'S COMMITTEE • WWW.GEORGIADEMS.ORG • 678.278-2012

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SSVR0002-03 EOIA SECRETARY OF STATE I I 12/01/11 03:44 PMCICSA1 OTER REGISTRATION

VOTER PRECINCTS AND DISTRICTS ULTON

ACTION: I EG NBR: 2073637 TATUS: ACTIVE

NAME: POWELL, KEVIN RICHARDADDR: 2633 AVENHAM LN UF : PT#:CITY: DULUTH IP: 30096 - 9242 OUNTY: 67 GWINNETT

GENDER: M RACE: W LAND DIST: 6

REG DATE: 03/24/2000 STATUS DATE/REASON: 05/04/2000 AND LOT: 235CONTACT DATE/TYPE: 11/02/2010 VOTE AST VOTED: 11/02/2010

CO PREC: 048 DULUTH BSITE: MASON ELEM SCHOOLADDR: 3030 BUNTEN RDCITY: DULUTH IP: 30096 UNICIPALITY: 000DISTRICT COMBO: 696 ****** DISTRICTS ********

CONGRESS: 007 SENATE : 048 HOUSE 097 JUDICIAL: 023 COMM 1SCHOOL : 3

NEXT SCREEN: PF1=HELP PF2=REFRESH PF3=RETURN PF7=VOTER MAINT ENTER=ACTION)

0005-YOUR INQUIRY WAS SUCCESSFUL.

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Sent: Monday, November 28, 2011 11:59 PMSubject: Formal Complaint

7 111 " . c .)Y. 29 P ;1312?

Dear Mr. Kemp,

As the Secretary of State for the Great State of Georgia in accordance with the Constitution of the Stateof Georgia; you had to qualify for the position you now hold. For the record I will respectfully remind you itcan be found in the State Constitution:

Article V, Section III, Paragraph llQualifications. (a) No person shall be eligible to the office of the Secretary of State,Attorney General, State School Superintendent, Commissioner of Insurance,Commissioner of Agriculture, or Commissioner of Labor unless such person shall havebeen a citizen of the United States for ten years and a legal resident of the state for fouryears immediately preceding election or appointment and shall have attained the age of25 years by the date of assuming office.

And just as you had to qualify for office before you could be elected, so too does the President of theUnited States. The qualifications for the Office of the President of the United States are in Article II of theU.S. Constitution:

Article II, Section I, Clause VNo Person except a natural born Citizen, or a Citizen of the United States, at the time ofthe Adoption of this Constitution, shall be eligible to the Office of President; neither shallany person be eligible to that Office who shall not have attained to the Age of thirty fiveYears, and been fourteen Years a Resident within theUnited States.

As the Chief Elections Official for the State of Georgia it is your responsibility toSupervise the elections process and guarantee the sanctity of the ballot.

In order to assure that you comply with this responsibility, the Georgia State Constitution stipulates thatyou had to take an oath to faithfully discharge your duties.

And might I also respectfully remind you that the United States Constitution, which is the law of the land;affirms that you are bound by that oath to support the U.S. Constitution:

U.S. Const. Article 6 Clause 3Clause 3: The Senators and Representatives before mentioned, and the Members of theseveral State Legislatures, and all executive and judicial Officers, both of the UnitedStates and of the several States, shall be bound by Oath or Affirmation, to support thisConstitution; but no religious Test shall ever be required as a Qualification to any Officeor public Trust under the United States.

Nowhere in the Constitution does it grant you the discretion to pick and choose which parts to uphold andwhich parts to ignore.

I would like to refer to a statement by The Honorable Sean Jerguson, Georgia Representative Dist. 22:

"I think we can all agree that we are a nation of laws, and we are governed by a nation oflaws, and those laws are based on a framework and a foundation called the Constitution."

Mr. Kemp, you are duty bound to guarantee that only a natural born Citizen as enumerated in Article II ofthe U.S. Constitution be allowed on the ballot in the Presidential election in 2012.

1. 1 1 E 4 29 Nov 2011 629:22

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• John Jay, our nation's first Chief Justice in a letter on July 25, 1787 to George Washington; who at thetime was presiding over the Constitutional Convention; said:

"Permit me to hint whether it would not be wise and seasonable to provide a strong checkto the admission of foreigners into the administration of our national government; and todeclare expressly that the command in chief of the American army shall not be given to,nor devolve on any but a natural born citizen."

And The U.S. Supreme Court in 1874 defined "Natural Born Citizen" in Minor v. Happersett as childrenborn of two parents who are United States citizens:

"The Constitution does not, in words, say who shall be natural-born citizens. Resort mustbe had elsewhere to ascertain that. At common-law, with the nomenclature of which theframers of the Constitution were familiar, it was never doubted that all children born in acountry of parents who were its citizens became themselves, upon their birth, citizensalso. These were natives, or natural-born citizens, as distinguished from aliens orforeigners."

The findings of the Supreme Court in 1874 was unanimous; with no dissention or opposition among theJustices as to the findings, and the definition has not changed.

Barack Hussein Obama II has publicly admitted his father Barack Obama Sr. was a Kenyan native and a

British subject whose citizenship status was governed by The British Nationality Act of 1948. BarackObama Sr. never became a U.S citizen. Therefore, Barack Hussein Obama II is not now and never canbe a natural born Citizen of the United States by virtue of his recognized allegiance to a sovereign foreignnation inherited from his father precluding him from eligibility for the Office of the President of the UnitedStates. Therefore, according to Article II Section 1 Clause 5 of the United States Constitution as definedin the United States Supreme Court case of Minor v. Happerset 88 U.S. 162 (1874) which set bindingprecedent, the Office of the President of the United States was usurped by an ineligible candidate.

Therefore I am officially filing a formal complaint as to Barack Hussein Obama's eligibility and request youremove him from the ballot.

Respectfully,

Kevin R. Powell

Tue.29 Nov 2011 6:29:22

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SSVR0002-03 EORGIA SECRETARY OF STATECICSA1 OTER REGISTRATION

VOTER PRECINCTS AND DISTRICTS

12/01/11 03:44 PM

FULTON

ACTION: I REG NBR: 2073637 TATUS: ACTIVE

NAME: POWELL, KEVIN RICHARDADDR: 2633 AVENHAM LN UF: PT#:

CITY: DULUTH IP: 30096 - 9242 COUNTY: 67 GWINNETTGENDER: M RACE: W LAND DIST: 6REG DATE: 03/24/2000 STATUS DATE/REASON: 05/04/2000 AND LOT: 235CONTACT DATE/TYPE: 11/02/2010 VOTE AST VOTED: 11/02/2010

CO PREC: 048 DULUTH BSITE: MASON ELEM SCHOOLADDR: 3030 BUNTEN RDCITY: DULUTH IP: 30096 UNICIPALITY: 000DISTRICT COMBO: 696 ****** DISTRICTS ********

CONGRESS: 007 SENATE : 048 HOUSE 097 JUDICIAL: 023 COMM 1SCHOOL : 3

NEXT SCREEN: PF1=HELP PF2=REFRESH PF3=RETURN PF7=VOTER MAINT ENTER=ACTION)0005-YOUR INQUIRY WAS SUCCESSFUL.