Who is Responsible for Verifying Presidential Eligibility?

Alabama Certification of Dem Electors Download. The constitutional requirements of the presidency in Article II, Section 1, clause 5 of the U.S. Constitution, and imposed on the vice-president by the 1804 ratification of the 12th Amendment, are that the president and commander-in-chief be 35 years of age or older, have resided within the United States for a minimum of 14 years, and be a "Natural born Citizen."

The 18-page set of documents remains available at the Alabama Secretary of State’s website.

Within the current vacuum and an increasing number of foreign-born persons seeking high office, some observers and legal analysts say "Natural born Citizen" signifies simply a person born in the United States without regard to his or her parents' citizenship status at the time.

Others insist the Founders intended the term to restrict the nation's chief executive to only the highest level of allegiance necessitating U.S.-citizen parents, pointing to the fact that Article I requires members of Congress to be "a citizen of the United States" for seven or nine years, respectively, but not "Natural born."

Proponents of the definition requiring parental U.S. citizenship in addition to birth in the United States cite Rep. John Bingham, considered the main author of the 14th Amendment, and Section 212 of Emmerich de Vattel's "The Law of Nations," which states, "The natives, or natural-born citizens, are those born in the country, of parents who are citizens."

Arising from the pandemic, the tumultuous 2020 election saw a change in "Voting systems and laws," including exponentially-expanded "Voting by mail"; an infusion of some $350 million from Facebook founder Mark Zuckerberg's foundation to be utilized for "Election administration"; initial indications that incumbent president Donald Trump was ahead in several key "Swing" states, only for those leads to mysteriously evaporate overnight; the counting of votes beyond legislated state deadlines; county and state data failing to match in Pennsylvania; and Republican observers reportedly denied admittance in certain Pennsylvania precincts and other locations as ballots were counted as well as before the election, among other anomalies.

In Texas v. Pennsylvania, which claimed the bending of election laws in Pennsylvania and three other states affected Texas and 15 other plaintiff states, a majority of the U.S. Supreme Court denied Texas's request to file a Bill of Complaint for lack of "Standing."

In June of last year Perez assumed the positions of "Senior advisor to the president of the United States" and director of "White House Office of Intergovernmental Affairs."

On the DNC's 2008 nominating forms, then-DNC Chair Nancy Pelosi asserted to the State of Hawaii that Obama was "Legally qualified" to serve as president, along with vice-presidential nominee Joseph R. Biden, Jr. A different form was sent to the other 49 states absent that wording.

"The Democratic Party of Hawaii did not so state on its own primary nomination form that year. Rather, its wording reads,"THIS IS TO CERTIFY that the following candidates for President and Vice President of the United States are legally qualified to serve under the provisions of the national Democratic Parties balloting at the Presidential Preference Poll and Caucus held on February 19th, 2008 in the State of Hawaii and by acclamation at the National Democratic Convention held August 27, 2008 in Denver, Colorado.

In Arizona, Obama provided a signed an affidavit claiming he was "a natural born citizen of the United States" as well as meeting the age and residency requirements expressed in Article II. Whether the affidavit was accompanied by supporting documentation is an open question.

In 2013, Arpaio's lead investigator on the birth-certificate case, Mike Zullo, filed a sworn affidavit with the Alabama Supreme Court in an appeal of the case Hugh McInnish, et al, v. Beth Chapman, Secretary of State, et al.

I am one of the plaintiffs in the case of McInnish v. Chapman, the latter being Alabama's Secretary of State Beth Chapman, who is responsible for election.

Briefly, we are claiming that the Secretary of State has failed in her duty to verify the eligibility of the presidential candidates, especially in the case of one Barack Obama, and we are asking for a writ of mandamus directing her to demand from Obama a bona fide birth certificate.

In response to McInnish's appeal to the state supreme court, the Alabama Democratic Party filed a "Motion for Leave to File Amicus Brief" contending, "It is well established that a political party has the right to determine the eligibility of its own nominees."

In July 2013, Chapman gave notice she would resign her post within 30 days, after which the new secretary of state, James R. Bennett, was named the defendant in the case.

One year after acquiring McInnish, the Alabama Supreme Court opined the secretary of state does not have the authority "To regulate the conduct of a presidential election after the President-elect has been selected."

Not long before McInnish made its way to the Alabama Supreme Court in 2013, Colorado plaintiff and would-be presidential candidate Abdul Karim Hassan appealed to the Tenth Circuit Court of Appeals a case filed against the State of Colorado and then-Secretary of State Scott Gessler for denying him a place on the 2012 ballot stemming from their determination that he was constitutionally ineligible due to his foreign birth.

Tenth Circuit Hassan petition denied 2013Download. In 1968, then-California Secretary of State Frank M. Jordan disqualified Eldridge Cleaver, leader of the Peace and Freedom Party, from the presidential ballot because at age 33, he did not meet the Article II requirement of 35 years of age and would not have met it on Inauguration Day.

In December 2023, Colorado Secretary of State Jena Griswold contended 45th president Donald J. Trump was ineligible to have his name placed on the 2024 ballot due to her determination that he was guilty of "Insurrection," which Section 3 of the 14th Amendment cites as justification for state- and federal-level public servants to be banned from further service.

A contemporaneous Newsweek article cites several examples of presidential candidates' vetting by state officials leading to disqualification, comparing Trump's Colorado case to that of Cleaver, 31-year-old Linda Jenness and more recently, Roger Calero, who was born in Nicaragua.

Touching on the "Natural born Citizen" requirement in the Trump case, the U.S. Supreme Court ruled on March 4 that "Because the Constitution makes Congress, rather than the states, responsible for enforcing Section 3 against federal officeholders and candidates, we reverse".

Laity's legal challenge to Harris's eligibility was rejected by the U.S. Supreme Court after being ignored by Justice Department officials and later refused a hearing by lower courts beginning in New York State. 

https://www.thepostemail.com/2024/07/26/who-is-responsible-for-verifying-presidential-eligibility/