Obama Keyes Writ

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ORLY TAITZ, Esq. (SEN 223433)26302 La PazMiss ion Vie joCa 92691Telephone: (949) 683-5411 - \Facsimi le : (949) 586-8110 .THE LAW OFFICE OF GAR Y G. KREEPGARY G. KREEP (SEN 066482) !932 "D" Street, Suite 2Ramona, California 92065Tel: (760) 787-9907Fax:(760)788-6414Attorneys fo r Petit ioners

* FfLEDi Superior Court Of California,f Sacramento' *'; Dennis Jones, Exeeuiivf OtTicer? : 11/13/2008

. 5 C epulyCase Number.

Am bassador Dr. Alan Keyes; Dr. Wiley S. Drake, Sr.; an dMarkham Robinson,

SUPERIOR COURT OF CALIFORNIACOUNTY OF SACRAMENTOg y)Case No.:

v. Petitioners,))PETITION FOR WRIT OF)MANDATECalifornia Secretary of State Debra Bow en; Senator Barack )Hussein Obama; Senator Joe Biden; California Democratic )Party Electors: Aleita Hug uenin , Lou Paulson, Ian Blue, )Mark Cibula, Richard Hundrieser, Lawrence DuBois, Mark )Date:Friedman, Mary Hubert, Fred Jackson, LeRoy King, Roberta )Time:Brooks, A udrey Gordon, M ichael McNerney, Nan cy Parrish, )Dept.:James Farley, John Freidenrich, Jerem y Nishihara, Jaime )Judge:Alvarado, Vin z Koller, Gregory Olzack, David Sanchez, L arry)Sheingold, Stephen Sm ith, M ark Macarro, Nathan Brostrom, )Filed:Robert "Bob"Handy, Robert Conaway, Greg Warner, Lane )Trial:Sherman, Ilene Huber, Kenneth Sulzer, Sanford Weiner , Ana )Delgado Mascarenas, Jo e Perez, Gwen Moore, Anthony )Rendon, Karen Waters, Kelley Willis, Silissa Uriarte-Smith, )Norma Torres, Alm a M arquez, Ray Cordova, Patrick Kahler, )

A a r un i Thakur, Joe Baca, Jr., Juad ina Stallings, Betty )McM il l ion , Wi l liam Ayer, Gregory Willenborg, James Yedor, )Bobby G laser, Mary K eadle, Fran k Salazar, Christ ine Young, )Sid Voorakkara, an d DOES 1 -100, ). )Respondents.)

PETITION FO R WRIT O F M A N D A TE


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A M B A S S A D O R DR. ALAN KEYES , a res ident of the State of Maryland, and DR. WILEY S.DRAKE, SR. , an d MARKHAM ROBINSON, each a res ident of the State of Cal ifo rn ia , al l Petit ionersherein , bring this l i t igation.

PETITIONERS allege:I

INTRODUCTIONParties

1. Ambassador Dr. Alan K eyes, Petit ioner herein, is the Presidential candidate of theAm erican Independen t Party, in the 2008 election, on the California State Ballot;

2. Dr. Wiley S. Drake, Sr., Petitioner herein, is a Certif ied California Elector of theAm erican Independen t Par ty and is the Vice Presidential candidate of the Am erican Independen t Party, inthe 2008 election, on the Cal ifo rn ia State Ballot;

3. Markham Robinson, Petit ioner herein, is a Certified California Elector of the Amer icanIndependen t Par ty , Vic e Chairman of America's Independent Party, and Cha i rman of the Amer icanindependent Party;

4. Debra Bowen, Respondent herein, is the Secretary of State of the State of Cal ifo rn ia(hereafter referred to as "SOS");

5. Senator Barack Hussein Obama, Respondent herein, is the Presidential Candidate of theDemocratic Party on the Cal ifo rn ia State Ballot;

6. Senator Joe Biden, Respondent herein, is the Vice-Presidential Candidate of theDemocratic Party on the Cal ifo rn ia State Ballot;

7. Alei ta H uguen in , Responden t here in , is an Elector for the 2008 Presidential an d Vice-Presidential Election, in the State of California;

8. Lou Paulson, Respondent herein, is an Elector for the 2008 Presidential and Vice-Presidential Election, in the State of California;

PETITION FOR WRIT OF MANDATE


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I 9. Ian Blue, Respondent here in, is a Certified Elector for the 2008 Presidential an d Vice-Presidential Election , designated by the Democrat ic Party no min ee in the 1st Con gressional District ;

i 10 . M ark Cibula, Respon dent herein, is an Elector for the 2008 Presidential an d Vice-President ial Election, designated by the Demo cratic Party no m inee in the 2n d Con gressional District;

11 . Richard Hundrieser , Respondent here in , is an Elector for the 2008 Presidential an dVice-Presidential Elect ion, designated by the Demo cratic Party no m inee in the 3rd Congressional

District;, 12 . Lawrence DuBois, Respondent herein, is an Elector for the 2008 Presidential an d Vice-

Presidential Election, designated by the Democratic Party nominee in the 4th Congressional District;' 13 . M ark Friedman, Respon dent here in, is an Elector for the 2008 Presidential an d Vice-President ial Election, designated by the Democratic Party nominee in the 5th Congressional District;

14 . Mary Hubert , Respondent herein, is an Elector for the 2008 Presidential an d Vice-President ial Election, designated by the Dem ocratic Party no m inee in the 6th C ongressional District;

15 . Fred Jackson, Respon dent herein, is an Elector for the 2008 Presidential an d Vice-President ial Election, designated by the Demo cratic Party no m inee in the 7th Congressional District ;

i 16 . LeRoy King, Respondent herein, is an Elector for the 2008 Presidential an d Vice-IPresident ial Election, designated by the Democratic Party nominee in the 8th Congressional District;

i 17. Roberta Brooks, Respondent here in, is an Elector for the 2008 Presidential an d Vice-i

President ial Election, designated by the D emo cratic Party nom inee in the 9th Con gressional District;18. Audrey Gordon, Respondent herein , is an Elector for the 2008 Presidential and Vice-

Presidential Elect ion , designated by the Democratic Party nominee in the 10th C ongressional District ;19. M ichael McNerney, R espondent herein, is an Elector for the 2008 Presidential an d Vice-

'Presidential Election, designated by the Democrat ic Party n om inee in the 11th Congressional District;20. Nancy Parr ish, Respondent here in, is an Elector for the 2008 Presidential and Vice-

iPresident ial Election, designated by the D emo cratic Party no m inee in the 12th Con gressional District ;

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i 33 . Robert Conaway, Respondent herein, is an Elector for the 2008 Presidential an d ViceiPresidential Election, designated by the Democratic Party nominee in the 25th Congressional Distr ict;

34. Greg Warner, Respondent here in , is an Elector for the 2008 Presidential an d Vice-Presidential E lection, designated by the Democratic Party nominee in the 26th Congressional District;

1 35. Lane Sherman, Respondent herein, is an Elector for the 2008 Presidential an d Vice-i

President ial Elec tion, designated by the Democratic Party nominee in the 27th Con gressional District;36. Ilene Huber, Respondent herein, is an Elector for the 2008 Presidential and Vice-

Presidential Election, designated by the Democratic Party nominee in the 28th Con gressional District ;I 37. Ken neth Sulzer, Respon dent herein, is an Elector for the 2008 Presidential and Vice-I '

Presidential Election, designated by the Democratic Party no m ine e in the 29th Con gressional District;; 38 . Sanford Weiner, Respondent herein, is an Elector for the 2008 Presidential an d Vice-Presidential Electio n, designated by the Democratic Party nominee in the 30th Con gressional District;; 39. Ana Delgado Mascarenas, Respondent herein, is an Elector for the 2008 Presidential an dy ice-Presidential Election, designated by the Democratic Party nominee in the 31st CongressionalDistrict;

I 40. Joe Perez, Respondent herein, is an Elector for the 2008 Presidential an d Vice-President ial Election, designated by the Democratic Party nominee in the 32nd Co ngressional D istrict;

, 41 . Gwen Moore, Respondent herein, is an Elector for the 2008 Presidential an d Vice-Presidential Election, designated by the Democratic Party nominee in the 33rd Congressional District;

42. Antho ny Rendo n, Respon dent herein, is an Elector for the 2008 Presidential and Vice-Presidential Election, designated by the Democratic Party nominee in the 34th Congressional District;

43. Karen Waters, Respondent h erein, is an Elector for the 2008 Presidential an d Vice-Presidential Election, designated by the Democratic Party nominee in the 35th Congressional District;

44. Kelley Will is , Respondent herein, is an Elector for the 2008 Presidential an d Vice-Presidential Election , designated by the Democratic Party nominee in the 36th Congressional District;

PETITION F O R WRIT O F M A N D A T E


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45. Si l i ssa U riar te-Sm ith, Respondent here in, is an Elector for the 2008 Presidential an dVice-Presidential Election , designated by the Demo cratic Party nom inee in the 37th Congress ionalDistr ict;

46. Norm a Torres, Responden t here in, is an Elector for the 2008 Presiden tial and Vice-Presidential Election , designated by the Dem ocratic Party n om inee in the 38th Co ngressional District ;

47. Alm a Marquez, Respondent here in, is an Elector for the 2008 Presidential an d Vice-Presidential Election, designated by the Democratic Party nominee in the 39th Congressional District;

48. Ray Cordova, Respon dent herein , is an Elector for the 2008 Presidential and Vice-Presidential Election, designated by the Democrat ic Party no m inee in the 40th Co ngressional District;

49. Patrick Kahler, Respo ndent here in, is an Elector for the 2008 Presidential and Vic e-President ial Election, designated by the Dem ocratic Party n om inee in the 41st Co ngressional D istrict ;

50. Aarun i Thakur, Respondent h ere in, is an Elector for the 2008 Presidential an d Vice-Presidential E lection, designated by the Democratic Party nominee in the 42nd Congressional District;

51 . Jo e Baca, Jr., Respon dent h erein, is an E lector for the 2008 Presidential and V ice-President ial Election , designated by the Demo cratic Party no m inee in the 43rd C ongressional D istrict ;

52. Juad ina Stallings, Respo nden t herein, is an Elector for the 2008 Presiden tial and Vice-President ial Election, designated by the Dem ocratic Party n om ine e in the 44th Con gressional District ;

53. Betty M cM illion, Respondent herein , is an Elector for the 2008 Presidential and Vice-President ial Election , designated by the Democratic Party nom inee in the 45th Con gressional District ;

54. Will iam Ayer, Respondent here in , is an Elector for the 2008 Presidential an d Vice-President ial Election , designated by the Dem ocratic Party no m ine e in the 46th C ongressional District ;

55. Gregory W il lenborg , Respondent here in , is an Elector for the 2008 Presidential an d VicePresidential Election, designated by the Democrat ic Party nom inee in the 47th Con gressional District;

56. James Yedor, Respo ndent herein, is an Elector for the 2008 Presidential and Vice-Presidential Election , designated by the Dem ocratic Party nom inee in the 48th Con gressional District;

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PETITION FO R WRIT OF M A N D A T E


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57. Bobby Glaser, Respo ndent herein , is an Elector for the 2008 Presidential and Vice-Presidential Elec tion , designated by the Democrat ic Party nom inee in the 49th Con gressional District;

58. Mary Keadle , Respondent here in, is an Elector for the 2008 Presidential an d Vice-Presidential Electio n, designated by the Democratic Party nominee in the 50th Co ngression al District ;

59. Fran k Salazar, Responden t herein, is an Elector for the 2008 Presidential an d Vice-Presidential Election, designated by the Democratic Party nom inee in the 51st C ong ressional District ;

60. Christine Young, Respondent herein, is an Elector for the 2008 Presidential an d Vice-Presidential Election , designated by the Democratic Party no min ee in the 52nd Co ngressional District ;

61. Sid Voorakkara, Respon dent herein, is an Elector for the 2008 Presidential and Vice-President ial Electio n, designated by the Demo cratic Party no m ine e in the 53rd Con gressional District.

Legal Basis62. Article II, Section I of the Un ited States Consti tut ion, states, in pert ine nt part, as fol lows:"No Person except a natural born cit izen, or a cit izen of the United States at the t ime of theadoption of this constitution, shall be eligible to the Office of President;"

63 . Senator Barack H. Obama is a candidate for the Office of the President of the Uni tedStates. However, to assume such office, Senator Obama m ust meet the qualificat io ns specified for theOffice of the President of the United States, which includes that he must be a "natural born" citizen.Senator Obama has failed to demon strate that he is a "natural born " citizen. There are other legalchallenges before various state and federal courts regarding aspects of lost or dual ci tizenship concern ingSenator Obama. Those ch allenges, in and of themselves, demonstrate Peti tioners ' argum ent thatreasonable doubt exists as to the eligib ili ty of the Democratic Party's nom inee for Pres ident .

64. SOS is responsible for ensu ring the validity of the State elect ion process by, am on g otherth ings , ver i fy ing th e qual if icat ions of the voters, approving th e ballots and the candidates , sup ervis ing th ecoun t ing of the ballots, and certifying the results. This certificatio n of the vote by SOS, based uponw hic h Electors received th e highest number of votes in the state, is the method p rovided for in California



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la w fo r ascertaining which Electors ar e appointed to vote fo r president (California Elections Code 15505, 3 U.S.C. 6). On December 1, or as soon as soon as the election results have been received fromall coun t ies in the state, SOS sh all certify the nam es of the ascertained Electors to the Governor, and thent ransmit to each presidential Elector a certificate of election (C alifornia Elect ions Code 15505). TheGovernor then issues an d seals a Certificate of Ascer tainment wh ich is delivered to the Electors byDecember 15 (3 U.S.C. 6), who then meet to sign the Certificate of Vote (Federal Election Code 192.006). The office of SOS is intended to be non-biased and to provide th e critical sense of fairness an dimpart ial i ty necessary for the people to have faith in the funda me n t a l unde rp inn ings of the democrat icbasis for our elections.

65 . There is a reasonable an d common expectat ion by the voters that to qual ify for the ballot,the in divid uals ru nn ing for office m ust meet min im um qualific at ion s as out lined in the federal and stateConstitutions an d statutes, an d that compliance with those minimum qualificat ions has been confirmed byth e officials overseeing th e election process. Heretofore, only a signed statement from th e candidateattesting to his or her meeting those qualificat ions was requested an d received by SOS, with noverif ication demanded. This practice represents a m uch lower standard than that dem anded of one whe nrequesting a Califo rnia driver 's l icense. Since SOS has, as its core, th e mission of certifying andestablishing th e validi ty of the election process, this writ seeks a Court Order barring SOS from cert ifyingthe Califo rnia Electors un t i l docum entary proof that Senator O bama is a "natural born" ci t izen of theUnited States of America is received by her. This proof c ould include i tems such as his orig inal birthcertificate, showing th e name of the hospital and the name and the signature of the doctor, all of hispassports with imm igrat ion stamps, an d verificat ion from th e governments where th e candidate hasresided, verify ing that he did not , and does not , hold c i t izensh ip of these countries, and any otherdocum ents that cert i fy an indiv idua l ' s c i t i zenship and/or qual if icat ion fo r office.

66. In the case of indiv idua ls seeking th e Office of President of the United States, th e UnitedStates Constitution provides for a system of Electors, w herein ci t izens of the respective states have a state

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PETITION FOR WRIT OF M A N D A TE


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controlled election in wh ich Electors representing th e interests of the respective candidates fo r Presidenton the state ball ot are elected to represent the in terests of the respective state in the Elec toral Co llege.Thus , there is no federal ballot co ntrolled by the federal governm ent . There is a Ca liforn ia State b allotwhere voters elect Electors who in turn represent th e named candidate fo r office on the ballot. That is onemo re reason w hy SO S has respon sibi l i ty for the cert if icat ion of not just the counts of the ballots cast, but ,also, the propriety of the contents of the ballot . Incase Senator Ob ama can not present properdocumentat ion ver i fy ing his citizenship, he cann ot be elected Preside nt of the U nited States, and SOS hasa du ty to bar the cast ing of votes by C aliforn ia Electors in support of his candidacy.

67. To avert a const i tut ional cris is which wo uld certainly accrue after the elect ion throughlabor ious legal challenges, this wri t seeks to resolve such com plaints. It was in cum bent on the candidatesto present the necessary docum entat ion c onfirm ing his c i t izenship, but , to date, Senator Obam a has failedto do so.

68. At this point , Senator Obama has not allowed indep enden t or official access to his vaul t(or igina l hosp ital) birth records and supp ort ing hospital records. Senator O bam a's c i t izenship status hasbeen, and is being, challenged in 17 different legal actions in various federal an d state courts, whic hchal lenges cast doubt on the validi ty of the electoral process, regardless of outcome, if not resolved priorto the cert if icat ion of the elect ion by the Electors. SOS is spec ifically charged with cert ifying an dguaranteeing th e validity of official documents and overseeing th e elect ions in Californ ia, such that th epeople ' s conf idence in the fundam enta l aspec t of democracy is ma in t a i ne d . To date, in th is regard, S O Shas not carried out that fundamental duty.

69. This wri t requests a court order barring the SOS from both cert ifying to the Go vernor thenames of the Cal i fo rn ia Electors, and from t ran sm it t ing to each p resident ial Elector a C ert ificate ofElect ion , un t i l such docum entary proof is produced and verified show ing tha t is a "natural born" citizenof the Uni ted States and does no t hold c i t izenship in Indonesia, Kenya or Great Bri tain. In addi t ion , th iswr i t requests a court order barring th e California Electors from s igning th e Certificate o f Vote unt i l such

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documentary proof is produced an d verified show ing that Senator Obama is a "natural bo rn" cit izen ofth e United States an d does no t hold cit izenship in Indonesia , Kenya or Great Britain .

70. Should Senator Obama be discovered, after he takes office, to be inel igible for the Officeof President of the Un ited States of Am erica and, thereby, his election declared void, Petitioners, as wellas other Americans , will suffer irreparable harm in that an usurper wil l be sit t ing as the President of theUnited States, an d none of the treaties, laws, or executive orders signed by him wil l be val id or legal.

71. 3 Unite d States Code (U.S.C.) S ection 8 provides, "The electors shal l vote for Presidentand V ice President, respectively, in the m an ne r directed by the Con stitution." Th is federal statute co nfersupon each elector an affirmative duty to discover whether th e candidate fo r President fo r which th eelector is seeking election is a "natural born" citizen. Otherwise, the elector would no t know if his votewas being cast in the "m anner directed by the Con sti tut ion."

/72. Given this con sti tutionally man dated duty, PETITIONERS have standing to bring this

Writ before this Court.73. A growing num ber of questions have arisen in litigation in at least 10 states contest ing

whe ther Senator Joh n M cCain o r Senator Barack Obama are "natural born" cit izens and, therefore,constitutionally eligible to be entrusted with th e Office of President of the United States. In the litigationagainst Senator Obama, allegations have been made that his adm itted dual ci t izenship in Indonesia , andlack of evidence that he renounced th e same, caused a loss of his Uni ted States Cit izenship as a matter o flaw. Moreover, evidence released by the Obama cam paign purpo rt ing to be a "Cert ification of LiveBirth" on i ts face appears to be of quest ionable authenticity. O ne of the man y problems with th isevidence is that the bo rder design differs from the bo rder designs of o ther Cert ificat ions of Live Birthprinted d u r i n g th e same t ime period. A ll these questio ns about both of the candidates are still unresolved.In the course of those lawsuits, some o f w hic h have been dism issed, i t has been determin ed that thereexists no designated official in the federal government , or the government of the states, directly chargedwith th e responsibili ty of determining whether an y Presiden tial candidate m eets th e qualif ications of

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P ETITIO N F O R W R IT O F M A N D A TE


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Art ic le II of the Co nstitution o f the U nited States. In most states, that respon sibility is vested with th epolit ical parties, all of whi ch have a conflic t of interest in m aking any such determ inat ion, and non e ofw h i c h have been for thcom ing wi th informat ion o r evidence verifying an y candidate's com pl iance wi thth e el igibi l i ty requi rements .

74 . A press release was issued on October 31, 2008, by the Hawaii Department of Health byits Director, Dr. Chiyome Fukino . Dr. Fu kino said that she had "personally seen an d verified that th eHawaii State Department of Health has Senator Obama's original birth certificate on record in accordancewith state policies an d procedures." That statement failed to resolve any of the questions being raised bylit igation an d press accounts. Being "o n record" could m ean ei ther that it s contents are in the computerdatabase of the department or there is an actual "vault"original.

75 . Further, th e report does not say whether th e birth certificate in the "record" is aCertificate of Live Birth or a Certificate of Hawaiian Birth. In Hawaii , a Certificate of Live Birthresulting from hospital documentat ion, inc luding a signature of an at tending physician, is different from aCertificate of Hawaiian Birth. For births prior to 1972, a Certificate of Hawaiian Birth was the result ofth e uncorroborated testimony of one witness and was not generated by a hospital. Such a Certificatecould be obtained up to one year from th e date of the chi ld ' s b i r th . For that reason, it s value as pr imafacie evidence is l imited an d could be overcome if any of the allegat ions of substantial evidence of birthoutside Hawaii can be obtained. The vault (long Version) birth certificate, per Hawaiian Statute 883.176al lows th e birth in another State or another country to be registered in Hawai i . Box 7C of the vaultCertificate of Live Birth contains a question, wh ether th e birth was in Hawaii or another State or Count ry.Therefore, th e only way to verify th e exact location of birth is to review a certified copy or the or igina lvault Certificate of Live Birth an d compare th e na me of the hospital and the name and the signature of thedoctor against the birthin g records on file at the hospital noted on the Certificate of the Live Birth.

76. An unprecedented an d loom ing co nst i tut ional crisis awaits if a President elected by thepopular vote and the electoral vote does not const i tut ionally qual ify to serve in that capacity. In add ition ,

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PETITION FOR WHIT OF MA N D A T E


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if Senator Obama is not a "natural born" citizen and not el igible fo r presidency, Senator Obam a wi l l besubject to the crim inal Provisions of the Ca liforn ia Elect ions Code, stating, "Any person who fi les orsubm i t for filing a nom inat ion paper or declarat ion of candidacy know ing that it , or any part of it, hasbeen made falsely is punishable by a fine no t exceeding one thousand dollars ($1,000) or byimpr i s o n men t in the state prison for 16 m o n t h s or two o r three years or by both the fine andimprisonment" (Ca lifor nia Elections Co de 18203). F urther, Senator Obama, SOS, the Go verno r of theState of California, and all of the California Electors may be subject to the penal provisions of theCalifornia Elections Code which states, "Any person who com mits fraud and any person w ho aids orabets fraud or attempts to aid or abet fraud, in co nn ectio n wi th any vote cast, to be cast, or attempted to becast , is guilty of felony, p unis hab le by im prison me nt for 16 mo nths or two or three years" (Cal i forniaElections Code 18500).

77. The Twent ie th Amendment to the Un ited States Con sti tution provides, "if the Presidentelect shall have failed to qualify, then th e Vice President elect shall act as President unti l a President shallhave qual if ied; and the Congress may by law pro vide for the case wherein n either a President elect nor aVice President elect shall have qualified, declaring w ho shal l then act as President, or in the m a n n e r inwhich one who is to act shall be elected, and such person shall act accordingly until a President or VicePresident shall have qualified." Thus, if Senator Obama cannot take office due to his c i t izenship,succession to the Presidency is set.

nBACKGROUND OF THE CASE

78. The Office of the Secretary of State of Californ ia is the Califo rnia agency responsible forcert ifying candidates fo r inc lus ion on the ballo t. Historically, Calif orn ia Secretaries of State haveexercised their due diligence b y reviewin g necessary backgroun d docum ents, v erify ing that the candidatesthat were submitted by the respective po litical parties as el ig ib le for the ballot were indeed eligib le. In1968, th e Peace and Freedom Party subm itted the name of E ldridge Cleaver as a qual if ied candidate for

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President of the United States. The then SOS, M r. Frank Jordan, found that, according to Mr. Cleaver'sbirth certificate, he was only 34 years old, one year shy of the 35 years of age needed to be on the bal lotas a candidate for President . Usin g his admin istrat ive powers, M r. Jordan remo ved M r. Cleaver from th ebal lo t . M r. Cleaver u nsuc cessfully challenged this decision to the Supreme Court of the State ofCalifornia, and, later, to the Supreme Court of the United States. Sim ilarly , in 1984, the Peace an dFreedom Party l is ted Mr. Larry Ho lmes as an eligible candidate in the President ial primary. Wh en thethen SOS checked his eligib ility, it was found that Mr. Holmes was similar ly not eligible, and M r.Holm es was removed from the ballot. Cu rrently, we have a sim ilar situation in that the Dem ocratic P artyhas submit ted th e name of Senator Barack Obama as candidate fo r President.

79. However, there are a n u m b e r of separate reasons that would make Senator Obamainel igible to serve as President of the United States. On August 21 , 2008, M r. Phi l l ip J. Berg, formerDeputy Attorney General of the State of Pennsylvania , filed a legal action against Senator Obama and theDemocrat ic Nat ional Co mm ittee. With his act ion, and in the subsequen t appeal to the Supreme Co urt ofth e United States, M r. Berg provided documents to the effect that Senator Obama was bom in what isnow Kenya (the B ri t ish East Afr ican Protectorate of Zanzibar at the t ime) an d that his paternalgrandmother was present at his birth. Senator Obam a claim s that he was born in Hawaii . According tostatements made by his half-sister, Maya Soetoro Ng, he was born in Kap iolan i Hospital in Hawaii .Acco rding to his biography posted on W ikipedia, Senator O bama was born in Queens H ospital in Hawaii .However, he has never provided th e origin al hospital birth certificate from 1961, with th e na me of thehospital and the nam e and the signature of the doctor in attendan ce. All that Senator Obam a has postedon his website is a Registry of Live Birth (short version), ob tained in 2007, that does not provide th en a m e of the hospital or the doctor. Clearly, one h um an being cannot be born in three different places.Hawaii Revised Statute 338-178 allows registration of birth in Haw aii for a chi ld that was born o utside ofHawai i to parents who, for a year preceding th e ch ild's birth, c laimed Hawaii as their place of residence.

The only way to know where Senator Obama w as actually born is to view Senator Obama'sor igina l13

PETITION FO R WRIT O F MA N D A T E


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bir th certificate from 1961 that sho ws th e n a m e of the hospital and the n a m e an d signature of the doctorthat delivered him . F rom August 21, 2008, fo r over tw o months, Senator Obama has refused to providehi s original birth certificate, even thoug h, in his book, Dream s of M y Father, page 26, he states, "... Ifound th e article folde d between m y birth certificate and old im m un iz a t i on records..." which shows that*he clearly has his birth certificate, or that he lied in his book. Part icularly tellin g is the fact that not onesingle person has come forward, no t a doctor, not a nurse, not a hospital administrator, nor anyo ne else, tostate that he or she was present dur ing this birth, except for Obama's paternal gran dm other, who affirmedthat sh e "was in the delivery room in Kenya when he was born Aug. 4, 1961." Addi t ional ly , when M r.Berg served subpoenas on the ho spitals me ntioned above, Senator Obama refused to sign a consent formthat would allow the hosp itals to release any of his in form ation . Instead, Senator Obama has hired threelaw firms to defend him self, and has ch allenged the act ion by Mr. Berg o n a technicali ty, c laim ing that anordinary citizen does not have stand in g to bring the suit. This m atter is curren tly being reviewed b y theU.S. Supreme Court . The parties in this case have standing to brin g this li t igat ion, due to the fact that Dr.Keyes and Dr. Drake, Sr., are candidates on the California ballot for President and Vice President of theUni ted States, and M r. Robinson is an Elector for the Keyes-Drake t icket, and Vice Ch airman ofAm erica's Indepen dent Party, of Fenton, M ichigan , which nom inated Dr. Keyes for President. He is alsoa Ch airm an of the American Ind epen dent Party (California), whic h nomin ated Dr. Keyes and Dr. Drakefo r Preside nt and Vice President, respectively. Based on the forego ing, it is im pera tive for SOS to beprovided proof that Senator Obama is a "natural born" citizen.

80. If he was born in Haw aii, there are four (4) other obstacles to Senator Obama'sel igibil i ty. In and about 1967, Senator Obama moved to Indonesia, took the last name of his stepfather,Soetoro, an d went by the nam e Barry Soetoro. In or igina l legal action filed by M r. Berg, he presentedSenator Obama's school registration, showing him registered as Barry Soetoro, Cit izenship-Indonesian,Rel ig ion Islam, signed by L. Soetoro. From 1945, Indonesia has not al lowed dual c i t izenship and,therefore, M s. Dunham-Obama-Soetoro, Senator Obama's mother, had to rel inquish her son's U.S.

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cit izenship in order to obtain Indonesian citizenship fo r him, which would make him inel igible to becomea United States President. Addit ional ly , th e Un ited States could not al low dual c i t izenship wi th Indonesiaat that t im e, as Indonesia did not al low dual c i t izenship, and it was prohibited by the Hague Con vent ionof 1930, as interfer ing with th e internal affairs of another sovereign Co untry.

81. In addit ion, upo n return to the United States in and around 1971-1972, Senator O bamawo uld have been required to go to the then current im mig ration procedures to regain his U.S. ci t izenship.There is no record of him ever doing that . Even if he had done so, he wo uld be considered a na turalizedcitizen and not a "natural born" citizen.

82. Addit ion ally, assumin g Senator Obam a was born in what is now Kenya, at the t ime ofSenator Obama's birth in 1961, (now) Kenya w as the Britis h Protectorate of Zanzibar and Senator O bamawas automatically accorded a form of B rit ish cit izensh ip und er Section 32(1) o f the Brit ish Nationali tyAct of 1948, effective date January 28, 1949, based on his father's citizenship.

83. Fin ally , in 1981, Senator Obam a traveled to Pakistan, wh en there was a ban for U.S.ci t izens to travel to Pakistan. The on ly logical possibili ty for him to do so was by usin g one of his otherpassports: Indon esian, Kenyan, or Brit ish.

84. Based on all of the above, it is the duty of the SO S to obtain proper documentat ion ofSenator Obama's c i t izenship to confi rm his el igibil i ty for the office of the President of the United States.

85. On October 25, 2008, SOS was contacted, vi a e-mail, by Orly Taitz, Esq., discussin g th eissues m ention ed above. SOS has acknowledged receipt of said e-mail and sent a response. As of thatt ime, SOS w as on notice and had a duty to act . M s. Taitz had a subsequent conversation with the elect ionanalyst of SOS Office, M s. Phil ly Crosby. M s. Taitz requested an adminis t ra t ive hearing on the matter inquestion. M s. Crosby stated that sh e would discuss the matter with M s. Bowen an d SOS' GeneralCounse l , M s. Pam Giarizzo, and that M s. Giarizzo would telephone M s. Taitz to discuss th e issue. M s.Taitz follow ed this conversation with a second e-mail, conf i rming all the details of the conversation. A syet, SOS has taken no steps to request the necessary documents from Senato r Obama. It appears that M s.

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Bowen is in tending to cert ify Senator O bama, and to cert ify his Electors, and not protect th e people of theState of California by enforcin g i ts laws. As a result of SOS dec l in ing to act pursua nt to the abovedescribed legal obligation s, th e only remedy is to request relief from th e Superior Court of California, an dseek in junct ive relief available to bar SOS from cert ifying th e California Electoral votes unti l suchdocumentary proof that Senator Ob ama's Un ited States citiz en shi p is produced.

mEFFECT OR FAILURE TO GRANT INJUNCTIVE RELIEF

86. Fai l ing to officially an d pub lically validate th e status of the cit izenship claims of SenatorObama wil l cast a pall of doubt on the election process an d taint the election results them selves. A properinquiry into Senator Obama's el igibil i ty wil l not constitute a hardship on Senator Obama, and i t wil l notdeny his voters th e r ight to vote fo r him , since this very righ t is dependent on his el ig ib i l i ty for the officeas a "natural born" cit izen. If Senator Obam a is not a "natural born" citizen, and, therefore, no t e l ig ib le toserve as President, no hardship on him or any other Respondent can be shown. On the contrary, lack ofthe rel ief that is prayed for wil l consti tute an in surmo untable hardship on the voters of the State ofCalifornia.

87. Fai lure to grant th e relief sought would allow a potentially corrupted, fraudule nt ,nom ina t i on and election process to co ntinue. If indeed, Senator Obama knew that he is not elig ible forthe presidency, he wo uld be subject to Califo rni a Election C ode Section 18203, whic h states, "Any personwho files or submits fo r f i l ing a nom inat ion paper or declaration of candidacy that it or any part of it hasbeen m ade falsely is pun isha ble by a fine not exceeding one thousand dollars ($1,000.00) or byimpr i s o n men t in the state prison for 16 m o n t h s or two or three years or by both fine and imprisonment" .Addit ional ly , he wo uld be subject to California Elections Code Section 18500 that states, "Any personw ho c o m m i t s fraud and any person who aids or abets fraud or attempts to aid or abet fraud, in connec t i onwith any vote cast, to be cast, or attempted to be cast, i s gu i l ty of a fe lony, punishable by imp risonm entfo r 16 m o n t h s or two or three years". Clearly it is imperative to vet Senator Obama's el igibil i ty fo r

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presidency and resolve thi s issue prior to the certificatio n of the election resu lts by the electors.88. Failure to grant th e relief sought, demanding that SOS be ordered to verify th e

constitutionally required qualificat ions of Senator Obama no t only a l lows, but promotes, anoverwhelming degree o f disrespect fo r our Con stitutio n and for our electoral process, and creates s uch alack of confidence of voters in the primary and electoral process i tself, that i t would confirm a co mm onbelief that no politician has to obey th e laws of this Country, respect our election process, o r follow th eUni ted States Consti tut ion.

89. Petitioners Keyes and Drake will be irreparably harmed by being un able to compete in afair an d unbiased election. Peti tioner Robinso n wil l be harmed in that he wil l not be able to perform hisduties as an Elector in voting for the candidate that is eligible to become the President of the United State;un der th e law. It is i ncumbent on SO S to enforce th e eligibili ty requiremen ts.

PRAYERWHEREFORE, Petit ioners respectfully prays:90. That the court issue a perem ptory writ in the first instance barring Respondent Secretary

of State of California, M s. Bowen, from both cert ifying to the Governor th e names of the Cali forniaElectors, an d from t ransmitt ing to each presidential Elector a Certificate of Election, until suchdocum entary proof is produced and verified showing that Senator Obama is a "natural born" cit izen of theUni ted States an d does not hold cit izenship of Indonesia, Kenya or Great Britain. In addi t ion, th is wri trequests that the court issue a peremptory writ barring Respondent Califo rnia Electors from s igning theCertificate of Vote unti l such documentary proof is produced an d verified showin g that Senator Obama isa "natural born" cit izen of the Un ited States an d does not ho ld cit izensh ip of Indon esia, Kenya o r GreatBrita in .

91 . F or Petitioners' attorney's fees.

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92. For such costs of th is proceeding an d fees as are appl icable by law; an d such further reliefas the Co urt deems just and proper.

Respectfully submit ted on November 12, 2008

SIGNATURE VIA FAXGary G . Kreep, Esq.Attorney fo r Petit ioners

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92. For s u c h costs of this proceeding and fees as are applicable by law; and such farther r e l i eas the Court deems just an d proper,

speclfujjv/submitted on November 12,2008

Gary G, Kre/p, Esq.Attorney fo Petition^

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Documents

Obama Keyes Writ