Wednesday, April 18, 2012

Sibley vs. D.C. Board of Elections & Ethics

As it should be clear by now, I believe that Barack Hussein Obama, II does not qualify as a "natural born Citizen" which, along with being over 35 years of age and a U.S. resident for fourteen years, are the three requirements found in the Constitution at Article II, Section 1, for anyone to be President.  While my quo warranto lawsuits drags through the federal District and Circuit courts and pends at the United States Supreme Court, I have decided to challenge Mr. Obama's eligibility from a different angle.

Today I filed a Petition for Review with the District of Columbia Court of Appeals.  That Petition seeks judicial review of the determination by the D.C. Board of Elections that Barack Hussein Obama, II, is eligible to appear on the November 6, 2012, General Election ballot as the Democratic Party nominee for President.

In particular, I noted in the Petition that Obama’s “Affidavit of Democratic Candidate” failed to provide any basis for the D.C. Board of Elections to discharge their statutory duty imposed pursuant to D.C. Code §1-1001.05(14) which states that the D.C. Board of Elections is obligated to: “Determine that candidates meet the statutory qualifications for office; . . .”   Though I admit that there is ambiguity in the D.C. statutes and regulations, I nonetheless maintain that D.C. Board of Elections Executive Director Clifford D. Tatum’s letter of January 9, 2012, confirming that Obama is eligible to appear on the D.C. ballot as the Democratic Presidential candidate, appears to have failed to properly discharge that duty.

Accordingly, based upon the substantial legal arguments and factual proffers contained in the Petition, I have asked the D.C. Court of Appeals to review the D.C. Board of Election’s determination that Obama is eligible to be President and reverse that determination and remove Obama’s name from the ballot for President in the November 6, 2012, General Election.

The Petition will now be served upon the D.C. Board of Elections which will have an opportunity to respond.


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