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Broe v. Reed: Summary of Arguments, Presser

DecaLogosIntl is reporting that Stephen Pidgeon, attorney representing James Broe, Plaintiff in Broe v. Reed, has released a summary of arguments. Here’s a very brief recap:

Plaintiffs in Broe v. Reed claim standing pursuant to the authorization given them by the legislature of Washington in RCW 29A.68.020(2).  This statute creates standing for Plaintiffs to challenge the election of a candidate who has been elected but was ineligible at the time of his election to run for the office. …

[Duties of SOS] The Secretary of State is declared, under RCW 29A.04.230 to be “the chief election officer for all federal, state, county, city, town and district elections.”  The Secretary of State is “required by law” to . . . coordinate those state election activities required by federal law. …

The Secretary of State has a duty to designate the presidential candidates ninety days prior to the primary election, pursuant to WAC 434-219-060.

The Secretary of State has a duty to certify the final list of candidates who will appear on the presidential primary ballot, pursuant to WAC 434-219-120.

The Secretary of State has a duty to certify the result of the presidential primary fifteen days following the primary, pursuant to WAC 434-219-290.
The Secretary of State has a duty to supervise election review staff employed by the Secretary of State for the purpose of conducting election reviews, including election policies and procedures and includes the review of any documentation of those procedures pursuant to WAC 434-260-020.

The Secretary of State has a duty to develop an “election review checklist” which is the basis for any election review or special review, pursuant to WAC 434-260-110.

The Secretary of State is the officer of the state delegated with the duty of presenting the election results to the state legislature under Article III, Section 4 of the Washington State Constitution.

The Secretary of State has these duties under the Washington Administrative Code pursuant to an express delegation by the Article III, Section 17 of the Washington State Constitution. …

[Washington Supreme Court jurisdiction] The Washington Supreme Court is expressly authorized pursuant to RCW 29A.68.011 to order “any personcharged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders.” [Emphasis in italics added]. …

[Arguments] Barack Obama is ineligible for the office of the presidency because he is not a “natural born citizen” of the United States. …

Barack Obama has failed to establish that he is an American citizen …

Barack Obama did not run under his legal name …

Barack Obama’s candidacy is a violation of WAC 434-215-012, which requires that declarations of candidacy contain the following affirmation:

I declare that this information is, to the best of my knowledge, true.  I also swear, or affirm, that I will support the Constitution and laws of the United States and the Constitution and laws of the State of Washington.

Senator Obama either failed to sign such a document, or has misled the Secretary of State as to the affirmation in paragraph 2 of the required Declaration of Candidacy which declares that “and, at the time of filing this declaration, I am legally qualified to assume office if elected.”

What follows is the complete presser released today…

-Phil

Contact: Stephen Pidgeon, Attorney at Law, P.S.
Tel: (425) 605-4774 Fax: (425) 818-5371
Email: attorney@stephenpidgeon.com

FOR IMMEDIATE RELEASE

12 Washington voters sue to set aside the election of Barack Obama in Washington.

Bellevue, WA, December 10, 2008 — On December 4, 2008, James (Jim) Broe and 11 other Washington voters sued Secretary of State Sam Reed in the Washington Supreme Court, seeking a Writ of Mandamus to require the Secretary to set aside the votes cast for Senator Barack Obama.  The Petition charges that at the time of the election, Senator Obama had failed to establish that he was a “natural born citizen” of the United States as required by the U.S. Constitution, failed to establish that he was an American citizen, and that he was not running under his legal name of Barry Soetoro.

The Petition as amended claims that because Senator Obama’s father was not an American, but a British citizen at the time of the Senator’s birth, the Senator was disqualified him from being a “natural born citizen” as that term is understood under U.S. laws of nationality.The plaintiffs argue that his British citizenship at birth also disqualifies him from being considered an American citizen automatically under the Fourteenth Amendment, because of competing jurisdictional interests between the Crown and the United States.

Plaintiffs have also argued that Senator Obama failed to establish by any evidence that he was actually born in Hawaii, or that he was naturalized as an American citizen. 

Because Senator Obama was adopted by his mother’s second husband Lolo Soetoro, plaintiffs allege that his legal name is Barry Soetoro, and the suit alleges that Senator Obama has failed to establish by any evidence that his name was legally changed back to his birth name.

Stephen Pidgeon, counsel for Plaintiffs, has called out the Secretary of State, saying “the Secretary of State is the chief election officer for all federal and state elections under 29A.04.230, and he has an obligation to run state elections in respect of federal law.  This means if the candidate for President is unqualified, he has no business being placed on Washington ballots by the Secretary of State.”

Pidgeon goes on to say that “each candidate that stands in a primary election must make a declaration of candidacy, stating that ‘at the time of filing this declaration, I am legally qualified to assume office if elected.’  The Secretary of State has a constitutionally imposed duty to enforce this qualification.”

For more information please contact:

Stephen Pidgeon, Attorney at Law, P.S.

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