This has become something of a legal question, so I thought I would approach the legal counsel of both state party organizations. Here's the letter I sent to Mr. Call, legal counsel for the Colorado GOP:
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Mr. Call,
In a communication from the Colorado Secretary of State's office they state:
"pursuant to Colorado statute, the process of nominating and certifying presidential candidates to the ballot is party-oriented; candidates are certified to the state and, therefore, the legal responsibility for confirming citizenship (or any other qualification) lies with the certifying entity."
At this time, I am seeking an official response from the Colorado Republican Party (CRP) regarding what process and procedures were in place during the 2008 general election that ensured that the CRP met their legal responsibility as outlined by the Secretary of State's office. Specifically, the information I'm looking for is:
1) What individual, individuals, group, or groups is/are/were responsible for checking the Republican Party's presidential candidate's qualifications for office (including both party and Constitutional eligibility requirements)?
2) When does the verification process take place, and in 2008, when was the determination made that Sen. John McCain was eligible to hold the office of President, and that the party could certify his name to the Secretary of State as an eligible candidate?
3) What evidence was provided by Mr. McCain to the state party that caused that determination to be made?
I thank you for your assistance in this matter, and look forward to your timely response.
Sincerely,
Justin W. Riggs