NJ Ballot Ruling on Obama Eligibility

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Administrative Law Judge Jeff S. Masin

Petitioners in NJ filed a claim stating that President Obama was ineligible to run for President on the NJ ballot. Some websites have misinterpreted the statements of President Obama’s lawyer, Alexandra Hill, in the NJ Ballot hearing. They are claiming that she admitted the Obama birth certificate was a forgery and it didn’t matter if it were. That is not what she said and the entire hearing is available on the videos below.

I don’t know if Obama’s birth certificate is a forgery but I do know that this case has been misinterpreted.

Alexandra Hill, President Obama’s lawyer, made the case for the NJ ballot ruling based on the requirements for the petition under NJ state law and stated that President Obama’s birth certificate is not relevant in this particular case. She also stated that the petitioner must prove that the petition does not meet the requirements.

In NJ, the ballot must be based on statutory requirements under NJ law. The NJ ballot requirement under NJ state law is that the petition be signed by 1000 voters, the candidate’s name and address must appear on each petition, the circulator witness is the person who collected the signatures and must complete and sign the affidavit where indicated, the circulator must sign on a numbered line and the signature must be identified.

What she did say, which was mis-stated, is that even if the petitioners did have an authentic copy of Obama’s birth certificate, there is no requirement under NJ ballot law that the candidate for President publish, produce or release the birth certificate. The petitioner’s claim is not relevant. Even if it were relevant, every federal and state court has ruled that Obama is eligible to be President and has already met the requirements for eligibility.

Her statement was not to admit it was a forgery, but rather, that if they had the actual certificate, it would still be irrelevant.

Since the burden of proof was on the petitioners’ lawyer, Mario Apuzzo, and since the requirements of the petition did not require a birth certificate, the case was dismissed.

The judges decision in part –

…This is not the place to write a law review article on the full analysis of the subject, but there is no legal authority that has been cited or otherwise provided that supports a contrary position. The petitioners’ legal position on this issue, however well-intentioned, has no merit in law. Thus, accepting for the point of this issue that Mr.Obama was born in Hawaii, he is a “natural born Citizen” regardless of the status of his father.

Based upon the above I CONCLUDE that the petitioners have failed to meet their burden to establish that Barak Obama failed in any obligation to prove to the Secretary of State that he is qualified to hold the Presidency and that he is a “natural
born Citizen” of the United States of America, as required by the United States Constitution. The petitions challenging his petitions are DISMISSED.

To be fair, I have included the views of The Examiner which believes the Judge erred in his ruling, not for the reason I discussed. I am not a lawyer and have a problem commenting on this –

The Examiner believes that the “New Jersey Administrative Law Judge who dismissed the latest Obama eligibility case seems to have made a new, special law for Presidential primaries in New Jersey.

According to this law, anyone can nominate anyone for President in a major party primary. The nominee need not agree to let someone nominate him, need not qualify to be President, need not be a citizen (natural-born or otherwise), and indeed need not even be real. This makes no common sense, and the Secretary of State instructs Presidential candidates otherwise. For that reason alone, the Essex County Conservative Examiner calls on the Secretary of State to overrule her Administrative Law Judge and stop Barack H. Obama from appearing on the New Jersey Democratic Primary ballot.”

The case by the petitioner was based on –

    • Barack Obama has never shown one document to the Secretary of State that says that he qualifies to be President, according to these instructions.
    • Barack Obama could never qualify to be President because he is not a natural-born citizen.

Mario Apuzzo, in his opening remarks, told Administrative Law Judge Jeff S. Masin that New Jersey election law says that a candidate must show that he or she qualifies for the office. NJSA 19:23-7 clearly says:

Accompanying the petition, each person indorsed therein shall file a certificate, stating that he is qualified for the office mentioned in the petition, that he is a member of the political party named therein, that he consents to stand as a candidate for nomination at the ensuing primary election of such political party, and that, if nominated, he consents to accept the nomination, to which shall be annexed the oath of allegiance . . .

That law governs primary elections for any office except that of President of the United States. But NJSA 19:25-3 says that a candidate need not consent to accept the nomination, and may not have a slogan appear with his name. But in every other detail, a Presidential primary nominating petition must conform to all other requirements of law. A straightforward read would mean that, whether he consents to stand for nomination or not, he must still certify that he qualifies, and that he is a member of the party that the petition names.

Obama did not so certify. That was why Purpura and Moran objected. That is the basis of their Obama eligibility challenge…Keep reading

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