Request for Re-Hearing In Obama Illinois Challenge

8/3/2019 Request for Re-Hearing In Obama Illinois Challenge

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BEFORE THE DULY CONSTITUTED ELECTORAL BOARD

FOR THE HEARING OF AND PASSING UPON OBJECTIONS TO

THE NOMINATION PAPERS FOR CANDIDATES FOR THE OFFICE OF

PRESIDENT OF THE UNITED STATES

IN THE MATTER OF THE OBJECTIONS OF )

MICHAEL JACKSON )

TO THE NOMINATION PAPERS OF BARACK ) 12SOEBGP104

OBAMA AS A CANDIDATE FOR THE NOMINATION )

TO THE OFFICE OF THE PRESIDENT OF THE UNITED )

STATES TO BE VOTED UPON AT THE )

MARCH 20, 2012 ELECTIONS. )

OBJECTORS EXCEPTION TO RECOMMENDATION

OF THE ILLINOIS STATE BOARD OF ELECTIONS DATE 2/2/12, AN IMMEDIATE RE-

HEARING OF OBJECTORS CASE IS WARRANTED BECAUSE OBJECTORS TIMELY

SUBMITTED EVIDENCE WAS LEFT OUT OF THE PUBLIC RECORD FOR

CONSIDERATION BY THE BOARD

NOW COMES Objector Michael Jackson, self-represented, and moves to take

Exception to Illinois State Board of Elections Recommendation dated February 2,

2012.

Regarding RECOMMENDATION OF THE BOARD TO DISMISS OBJECTION under

the RULES OF PROCEDURE -ADOPTED BY THE STATE BOARD OF ELECTIONS

SITTINGAS THE DULY CONSTITUTED STATE OFFICERS ELECTORAL BOARDFOR THE

HEARING AND PASSING UPON OBJECTIONS TONOMINATING PAPERS SEEKING TO

PLACE ESTABLISHED POLITICAL PARTY CANDIDATES ON THE BALLOT FOR THE

MARCH 20, 2012 PRIMARY ELECTION (*,**), Objector takes EXCEPTION to the

following:

1. OBJECTOR CONTESTS BOARDS ACTION OF HIDING FROM THE PUBLICRECORD THE OBJECTORS HEARING EXAMINER EXCEPTION DATED


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1/31/12 AND OBJECTORS NATURAL BORN LAW MEMORANDUM AMICUS

BRIEF THAT PROVES BARACK OBAMA IS NOT A NATURAL BORN CITIZEN.

During the hearing conducted Feb. 2, 2012 on the Objection, Objector

requested to speak before the Board, but he was denied. Regardless of

whether the timely submitted aforementioned Exhibit and Exception to the

Hearing Examiners Recommendation to Board were erroneously excluded

or spoliated from the Illinois Public Record, an immediate emergency

rehearing on the evidence submitted by the Objector is warranted by the

board.

Candidate Obamas attorney argued and the Board appears to erroneously

believe that dicta from an Indiana Appellate Court case (Anekey v.

Governor of Indiana 916 N.E. 2d 678 (In. App. 2009)) overrides the U.S.

Supreme Court precedent Minor v. Happersett on the definition of Natural

Born Citizen.

Candidate Obama is a Constitutionally ineligible candidate for President

and he cannot possibly have valid nomination papers, because any

nominating petition signed would be fraudulent on its face.

The Illinois State Election Board has been duly informed of Candidate

Obamas U.S. Constitutional ineligibility under Article II, Section 1, Clause

5, of the U.S. Constitution.

If the Board allows Candidate Obama on the ballot, they commit massive

fraud against the citizens of the state of Illinois.

Respectfully Submitted,

s//Michael Jackson

______________________________

Michael Jackson, OBJECTOR


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2/3/2012

*In cases where a hearing examiner is appointed, the Board shall not issue a final

decision until a proposal for decision submitted by the Hearing Examiner is servedupon the parties and an opportunity is afforded each party to take exceptions,

whether written or oral, and, if the Board so permits, oral argument before the

Board. The Board will make a final ruling on the objection andmay consider the

following as part of its consideration and appraisal of the record: the petition and

the objection thereto, the hearing transcript, the hearing examiner's outline,

recommendations andproposal for decision, and any exceptions, briefs, exhibits,

offers of proof or arguments presented by the parties.

**The Chairman shall make all necessary

evidentiary rulings, subject to appeal to the entire Board. Where a hearing

examiner has been appointed, he or she will receive all evidence and make

all evidentiary rulings, subject to review by

the entire Board. The Board will not retry issues heard by a hearing

examiner unless the hearing examiner has excluded evidence the Board

believes should have been admitted. In such cases the Board will hear the

excluded evidence and such other evidence as may be appropriate inresponse to the matter excluded. The Board will not hear evidence that

could have been but was not presented to the hearing examiner, nor will

the Board consider objections that could have been, but were not raised in

the original objection.


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6/46www.elections.il.gov

STATE BOARD OF ELECTIONS

STATE OF ILLINOIS

1020 South Spring Street, P.O. Box 4187 BOARD MEMBER

Springfield, Illinois 62708 William M. McGuffage, Chairm

217/782-4141 TTY:217/782-1518 Jesse R. Smart, Vice Chairm

Fax: 217/782-5959 Harold D. Bye

Betty J. Coff

James R. Thompson Center Ernest L. Gow

100 West Randolph, Suite 14-100 Judith C. Ri

Chicago, Illinois 60601 Bryan A. Schneid

312/814-6440 TTY: 312/814-6431 Charles W. Scho

Fax: 312/814-6485

EXECUTIVE DIRECTOR

Rupert T. Borgsmiller

PUBLIC NOTICE

STATE BOARD OF ELECTIONSand

STATE OFFICERS ELECTORAL BOARDMEETING

The Illinois State Board of Elections will conduct a SPECIAL Board Meeting on Thursday, February 2, 2012

The meeting is scheduled to begin at 11:00 a.m. in the Boards conference room 14-100 in the James RThompson Center, 100 W. Randolph Street, Chicago, IL and via video conference at the Boards principoffice located at 1020 S. Spring St., Springfield, IL. Admittance to the 14th floor of the Thompson Centrequires security screening and production of a government issued identification.

The State Board of Elections will convene to consider the candidate withdrawal of Alan Nudo - 52 nd SenaDistrict following certification.

The State Officers Electoral Board will also consider the following objections to candidate nominating petitiofor the March 20, 2012 General Primary Election:

a) Brimm v. Newman, 12SOEBGP102;b) Freeman v. Obama, 12SOEBGP103;c) Jackson v. Obama, 12SOEBGP104;d) Petzel v. Ritter, 12SOEBGP522;e) Rodriguez v. Rutagawibira, 12SOEBGP523;f) Coyle/Bigger v. Miller, 12SOEBGP524;g) Schaeflin/Brezinski v. Cunningham, 12SOEBGP525;h) Billerman/Pettlon v. Harris, 12SOEBGP526;i) Cunningham v. Biggert, 12SOEBGP527;

j) Cunningham v. Harris, 12SOEBGP528;k) Sutton v. Baker, et al,. 12SOEBGP501.

The State Officers Electoral Board will also consider objections wherein the objection was withdrawn in thmatter of Meroni, et al. v. Obama12SOEBGP500.

The State Officers Electoral Board will recess to the State Board of Elections and may address other matteas needed and/or recess into executive session to consider litigation and/or personnel matters.

DATED: January 31, 2012

Rupert T. Borgsmiller, Executive Director


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BEFORE THE DULY CONSTITUTED ELECTORAL BOARD

FOR THE HEARING OF AND PASSING UPON OBJECTIONS TO

THE NOMINATION PAPERS FOR CANDIDATES FOR THE OFFICE OF

PRESIDENT OF THE UNITED STATES

IN THE MATTER OF THE OBJECTIONS OF )

MICHAEL JACKSON )

TO THE NOMINATION PAPERS OF BARACK ) 12SOEBGP104

OBAMA AS A CANDIDATE FOR THE NOMINATION )

TO THE OFFICE OF THE PRESIDENT OF THE UNITED )

STATES TO BE VOTED UPON AT THE )

MARCH 20, 2012 ELECTIONS. )

OBJECTORS EXCEPTION TO RECOMMENDATION OF THE HEARING EXAMINER

DATED JANUARY 27, 2012

NOW COMES Objector Michael Jackson, self-represented, and moves to take Exception to Hearing

Examiners Recommendation dated January 27, 2012.

Regarding RECOMMENDATIONS OF THE HEARING EXAMINER takes Exception to the following:

1. OBJECTOR CONTESTS PARAGRAPH 9 AND 10

Paragraph 9 and 10 are incorrect. Objector did in good faith file a response as proven by Number 10

which is Exhibit 1 of Objectors Opposition to Candidates Motion to Strike and Dismiss Objectors

Petition, which Hearing Examiner Tenuto admitted to receiving before the deadline. Due to Objectors

error in sending the email to the Examiner and opposing council, the Opposition to the Motion to Strike


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did not arrive before the 5p.m. deadline. However the email labeled the Amicus Brief did arrive as

Exhibit 1 Amicus Brief on Natural Born for Memorandum of Law for Opposition to Motion to Dismiss.

Exhibit 1 is an Amicus Brief that was just accepted into Obama ballot eligibility cases in Georgia, it is not

illogical, nonsensical and not worthy of consideration. On its face as an Amicus Brief that proves

Obama is NOT Constitutionally eligible. The Examiner appears to have made this judgment out of

context. The Amicus Brief is a thorough legal brief based in law which 100% supports Objectors

argument that Obama is NOT a Natural Born Citizen because of post 14th Amendment Supreme Court

ruling Minor v. Happersett, 88 U.S. pg. 167-168 (1875).

Minor v. Happersett, 88 U.S. pg. 167-68 (1875): Additions might always be made to the citizenship of

the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the

Constitution itself, for it provides that no person except a natural-born citizen, or a citizen of the United

States at the time of the adoption of the Constitution, shall be eligible to the office of President, and

that Congress shall have power to establish a uniform rule of naturalization. Thus new citizens may be

born or they may be created by naturalization.

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 a 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. Some authorities go further and include as

citizens children born within the jurisdiction without reference to the citizenship of their parents. As to

this class there have been doubts, but never as to the first. For the purposes of this case it is not

necessary to solve these doubts. It is sufficient for everything we have now to consider that all children

born of citizen parents within the jurisdiction are themselves citizens (emphasis added).

Objector resubmits the above referenced Amicus Brief by Leo Donofrio as his adopted Memorandum of

Law for this petition. (Exhibit 1)

2. OBJECTOR CONTESTS PARAGRAPH 4 UNDER MOTION TO DISMISS

The Hearing Examiner contends that the birth certificate attached as Exhibit A clearly establishes the

Candidates eligibility for office as a Natural Born Citizen. The Hearing Examiner is legally incorrect on

his assessment that Obamas birth certificate proves he is a Natural Born U.S. citizen. Obamas counsel

has submitted never before seen prima facie evidence to the Illinois State Elections Board. Obamas

long form Hawaii birth certificate was not available to the Board during the 2008 election cycle. This

birth certificate proves that Obama is a native born citizen of the United States and on its face also

proves that Candidate Obama is NOT a NATURAL Born Citizen. His mother Stanley Ann Dunham was a

U.S. Citizen but his father Barack Hussein Obama, Sr., was a Kenyan foreign national with British

Citizenship that was passed to Candidate Obama by right at his birth under the British Nationality Act of

1948: 4)Subject to the provisions of this section, every person born within the United Kingdom and

Colonies after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by


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birth: (5)Subject to the provisions of this section, a person born after the commencement of this Act shall

be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom

and Colonies at the time of the birth ...."

Further, Obama, Sr. was only on a student visa in the United States at the time of Candidate Obamas

birth. (Exhibit 2) Candidate Obama, a British born citizen, cannot possibly be a U.S. Natural BornCitizen.

Moreover, the federal government recognizes that there is a legal difference between Native born and

Natural Born citizens: (http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-45104/0-0-0-

48602.html).

Candidate Obamas attorney argued and Hearing Examiner appears to erroneously believe that dicta

from an Indiana Appellate Court case (Ankeny v. Governor of Indiana 916 N.E. 2d 678 (In. App. 2009)

overrides the U.S. Supreme Court precedent Minor v. Happersett on the definition of Natural Born

Citizen.

Candidate Obama is a Constitutionally ineligible candidate for President and he cannot possibly have

valid nomination papers, because any nominating petition signed would be fraudulent on its face.

The Illinois State Election Board has been duly informed of Candidate Obamas U.S. Constitutional

ineligibility under Article II, Section 1, Clause 5, of the U.S. Constitution.

If the Board allows Candidate Obama on the ballot, they commit massive fraud against the citizens of

the state of Illinois.

Respectfully Submitted,

/s/ Michael Jackson

______________________________

Michael Jackson, OBJECTOR

1/31/2012


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'N,lli::\rr' ~,eGIIH~g~ILState BO Chairmen1020 Sprm~ St.:Sp l.ng fl ld, IL 6 o~Dc.ar Chalrman McGutfage,M f name IS M~'fr:sj,den t is I an a rc is crcd voter in rne'5 ate of IL I arn a constrtuuenatrv law "biding .5. cinz '11 tiorn Of! U.S. &011, I\.1 father "


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British law and this according to the British Nationali ty Act of 1948 asfol lows: (1/)"5ubject to theprovisions of this section, every person born within the United Kingdom and Colonies after thecommencement of this Act shall be a citizen of the United Kingdom and Colonies by birth: (S)Subject tothe provisions of this section, a person born after the commencemenr of this Act shall be a citizen of theUni ted Kingdom and Colonies by descent if his father is a citizen of rhe Unlred Kingdom and Colonies otthe time of the birth ...Under the British Nationality Act of 1948, Obama's father became a British citizen under Section 4 bybeing born on the so il of an English Colony, Kenya. Under Section 5, when Obama wa s born in 1961 inHawaii or some other place, he automatically became a British citizen by descent f rom his father whowas a British citizen under Section 4. Barack Obama's father never became a U.S. citizen. He was aforeign student on a VISAgranted by the INS. Supporting documents and references will be provided toattest to the veracity of these fac ts ( ).

It therefore appears that Barack Obama does not meet the Constitutional requirements for seeking andholding the off ice of President of the United States because: Mr. Obama isnot a natural born citizen, asrequired by Article II, Section 1of the Uni ted States Constitution. Accordingly, I hereby challenge Mr.Obama's qualifications to seek and hold the office of President of the United States on such gr ound s.I, Michael Jackson seek relief by the prohibition of Barack Hussein Obama on the U.S. Presidential ballot.Barack Hussein Obama is not "legally qualified" to be on the president ial ballot as he is not a NaturalBorn Citizen, which is a requirement mandated in Article II Section I Clause V of our U.S. Constitution tobe eligible for President or Vice President. Moreover, I would seek relief in the recovery of all litigationexpenses incurred; that my 14thAmendment rights provided in Section 1 of U.S.Constitution are notdeprived nor caused to suffer injury.

For Christ and Country and Most Respectfully,Signedy/t-d,oJ! ! j l ~l(i:,6'>-Date !-t) - IL

ljV'vKC J .. - 5Zl. ( _SEAl.TERRY L. SCHULTZ

Documents

Request for Re-Hearing In Obama Illinois Challenge