Looks like some people disagree with Christie and FL govt keeps stonewalling:
This (non)response from Florida Assistant General Counsel Gary...
Does anyone know if this is true? I...
So far there
George......here's what I received.............my response first, then Secretary of State feedback that I responded to............
From: hmriley [mailto:firstname.lastname@example.org]
Sent: Thursday, January 12, 2012 3:09 PM
To: Burrus, Christie D.
Cc: ULLERY.MELISSA.S04; GAETZ.DON.WEB; Drake, Brad; Rep Cannon; HARIDOPOLOS.MIKE.S26
Subject: Re: Ballot Challenge - Florida
Thank you for the information and clarification with regard to Secretary of State legal guidelines with regard to political candidate constitutional verification.
I am astounded that the element of government in Florida that is reponsible to oversee election has no role whatsoever in ensuring that candidates who appear on the ballot meet consitutional requirements.
The recent proven example of the New Hampshire election with many deceased people on the rolls, and no requirement to verify voters, points out the terrible empirical evidence of voter manipulation and fraud. The same issue could well be translated to candidates who are on ballots because no one validates that candidates are eligible to be on a ballot.
If you wish to see a glaring example of voter fraud in the recent New Hampshire election please view this U-Tube video
I will urge my Senator Don Gaetz, Representative Brad Drake and others, to strongly consider some legislative action that will meet the common-sense test and inject much needed integrity into the election process.
It appears my only option is legal/court action which I will explore. I will seek legal support to take appropriate action. Any help is appreciated.
Harry Riley, COL, USA, Ret, Crestview, FL email@example.com
----- Original Message -----
From: Burrus, Christie D.
Sent: Thursday, January 12, 2012 1:00 PM
Subject: FW: Ballot Challenge
I have been asked to respond your email below.
Currently, no requirement in Florida law exists for a political party to certify that its presidential nominee is qualified to hold the office. The statutorily established procedure for a presidential candidate representing a political party to obtain ballot position in Florida is for the political party to deliver a certificate to the Governor before September 1st of each presidential election year listing its candidate’s presidential electors. Once the Governor receives the list, he provides it to the Secretary of State who places the names of the candidate on the ballot (see section 103.021, Florida Statutes).
Please understand that the Florida Secretary of State performs only a ministerial function as a filing officer for all candidates, not merely presidential candidates. This means that the Secretary has no authority or duty to look beyond the filing documents to determine if a candidate is eligible. The Florida Supreme Court has stated: “The law does not give the secretary of state any power or authority to inquire into or pass upon the eligibility of a candidate to hold office for the nomination for which he is running.” If a candidate (or the party in the case of a major political party nominating someone as a Presidential candidate) files the necessary paperwork under Chapter 103, Florida Statutes, which papers are complete on their face, the Secretary must qualify the candidate. The Secretary has no authority to place any demands upon a candidate once the candidate (or political party in the case of a presidential candidate) files the necessary qualifying papers with the Division of Elections. Again, nothing in Florida law requires the candidate or party to state that the candidate meets the qualifications for the office of President of the United States. No process exists in Florida law for challenging the placement of a presidential candidate’s name on the Florida ballot; therefore, the only recourse is to institute a legal action in an appropriate court.
Therefore, before an election, unless legislation is enacted to change the procedures, challenges against the citizenship and other constitutional requirements for a presidential candidate are matters that would have to be addressed by an applicable court based upon a properly instituted lawsuit. If changes are to occur, Congress or the Florida Legislature must act as they are the ones with the ability to alter the qualifying procedures for presidential candidates in keeping with the constitutional requirements for the office.
However, after an election, section 102.168, Florida Statutes, provides that any unsuccessful candidate for the office being sought, any voter qualified to vote in the election, or any taxpayer may file an election contest in the circuit court based upon the successful candidate’s ineligibility for the office sought. Such contest must be brought within 10 days of the date the last board responsible for certifying the results officially certified the results of the election being contested.
I hope this helps you better understand the presidential qualifying process, the role of the Florida Secretary of State in that process, and the applicable candidate challenge process. If you desire changes to occur in the process for vetting the qualifications of presidential candidates, you should contact your elected legislative representatives who would have the authority to propose legislative changes to the process.
Florida Department of State
Harry: May we print this in http://ObamaBallotChallenge.com?
If I may suggest a call to action by atleast the patriots visiting this web site, and their friends.... Support Carl Swenson financially and by being at the court hearing on January 26th......... If this is not a worthy cause, then what is ?
If I may suggest a call to action by every TEA Party and Republican Party chapter within the State of Georgia to donate financially to the legal endeavor of Carl Swenson, et al, to spread the legal fees among the very people that believe in the Constitution, it principles, and its rights. The State of Georgia Republican Party's Resolutions from 2011 resound to the letter the goals and achievements this law suit has the potential to achieve. As I have always said, and discussed with Carl, case law is the fastest and quickest way to make the changes necessary to save this nation. Case law can only be argued by attorney's, however, I do make pro se attempts. I hope my splash 25 years ago helped make the changes to the child support laws we see today. All that said, money, money, money. Who will be the Republican Party Candidate?.... the one with the most money to work it. You see where I am going. Money, money, money, Patriots. If not given to this legal challenge, then pray tell....what else?!?!?!? Ask your local and State Chapters to authorize a donation to this legal effort.....Case law is the answer...plain and simple, my friends....you get what you pay for! The legal challenges have to be on a State level. To date, no federal judge has the integrity or the courage. If not money, then, what other viable options do you prefer to expound, words, actions, or the essense needed for life? Please think through the options all of us patriots will have, if this case is side tracked for .....well...you fill in the reasons.
If not now, when?? I support your call for support to Carl Swenson. Here is the site to donate http://www.riseupforamerica.com/
Not just donations within GA-- this has NATIONAL implications, so all please help!