Article Two, Section One, Clause Five

Janet Brown Eligibility Question

2011-02-04T14:25:00.001-07:00

Janet Brown is the Executive Director of the Commission on Presidential Debates. Today I emailed her this message:

Ms. Brown,

I believe I've contacted you with this question once before, but I wanted to try one more time just in case my last request fell through the cracks.

What I'm trying to figure out is what evidence the CPD requires its potential participants to provide in order to prove their Constitutional eligibility. I'm particularly interested in understanding how the CPD objectively determines whether or not a candidate is a natural-born citizen of the United States of America.

I would sincerely appreciate your taking the time to answer my question, but also understand that circumstances within or beyond your control may keep you from doing so. Either way, I thank you for your time.

Sincerely,

Justin W. Riggs

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2000 and 2004 Democrat and Republican Party HI Certifications

2009-10-07T14:41:00.002-06:00

I don't have time to comment on this now, but I wanted to get them up for everyone to see...

There are obviously some things that need to be addressed. I'll blog later tonight on what I see.

Hawaii 2000 and 2004 Certs (Rep and Dem)

UPDATE:

Since I began this blog late last year, I've tried to avoid speculation as much as possible. In that spirit, I am only going to post the facts as I see them. If you notice something that has escaped me, please feel free to contact me, and if I feel it is legitimate, I will include it in this update. Here, then, is what I see:

I now have Certifications for 2000, 2004, and 2008 from the Democratic National Committee.

In 2000, there is "constitutionally eligible" language, but that language is in a different typeface than the rest of the document.

In 2004, there is NO "constitutionally eligible" language on the Cert.

As we know, the 2008 Cert does contain "constitutionally eligible" language, but it's significantly different than the language that was on the 2000 Cert.

I also have 2000, 2004, and 2008 Certs from the Democratic Party of HI

The 2000 state Cert contains the "constitutionally eligible" language.

The 2004 state Cert ALSO contains "constitutionally eligible" language, BUT

The 2008 state Cert DOES NOT contain "constitutionally eligible" language, instead saying "...the following candidates are legally qualified to serve under the provisions of the national Democratic Parties balloting at the Presidential Preference Poll and Caucus...".

Again, in 2000, both the national and the state Certs contained the proper language. In 2004, the proper language gets dropped from the national Cert, but remains on the state Cert. Then, in 2008, the proper language reappears on the national Cert, but on the state Cert, which had been correct up to that point, the language is removed and replaced with what is, to me, a nearly indecipherable statement.

The facts are now before us - putting the pieces of the puzzle together is a task yet to be completed.

Back from the "dead"

2009-09-26T20:00:00.004-06:00

All,

I have received a lot of correspondence over the past two weeks asking why I stopped working on this issue in February. The truth is, I have never stopped working - I only stopped posting. I have continued to perform research for several people interested in the topic, in addition to my own research. At this time, I simply want to let those who are clicking through to know that I am active.

I do not plan to post here very often. The questions that I originally asked have been answered to my satisfaction. I now have further business, and I am pursuing that through other avenues. If you are interested, keep your eyes on Leo Donofrio's and jbjd's blogs, and http://www.therightsideoflife.com. These are the sources that I feed my information to. I'm proud to work with each of these sites, even though they each have their own unique take on how we can best find the truth regarding the Article 2, Section 1, Clause 5 issue.

As always, if you have any questions for me, or if I can be of any assistance, please feel free to contact me.

Your Fellow Citizen,

Justin W. Riggs

Further Correspondence with Sen. Lamar Alexander's Office

2009-02-16T12:09:00.001-07:00

My contact in TN continues to do exemplary work in maintaining contact with Sen. Alexander's office. Here is our latest letter to their office, which was followed up by a phone call.

February 9 2009 Letter

Publish at Scribd or explore others: 2008 career

An Open Letter to Dr. Orly Taitz and Her Readers

2009-01-24T18:31:00.003-07:00

An Open Letter:

My name is Justin Riggs. I am the individual who manages the http://www.yourfellowcitizen.com blog. Last night, I posted a letter from Senator Lamar Alexander's office on my blog. Within hours, it was reposted on several websites.

Unfortunately, on Dr. Taitz' blog, the story was grossly misreported. If you stop to read the letter, you will see that Senator Alexander has NOT contacted the FBI regarding Mr. Obama's citizenship status. One of Mr. Alexander's staff has forwarded on a request that my anonymous source submitted, and we are awaiting further response.

I therefore request that the story be updated or re-posted with accurate information, in order that the integrity of this story might be maintained. I have absolute confidence that that once Dr. Taitz becomes aware of the situation, she will rectify it immediately. Thank you for your time, and for your consideration of my request.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

-------------------------------------------------------------------------------
I have included the entire post from yesterday for those who are interested in the original story:

My anonymous source in Tennessee heard back from Lamar Alexander's office earlier this week. A staff member was kind enough to forward his/her request for information on to the Federal Bureau of Investigation, so hopefully we'll have more to report in the not too distant future.

Please note: I have digitally altered this document by removing all information that could identify my source, or the staff member working for Senator Alexander. Everything else remains intact.

Lamar Alexander FBI Contacted

Publish at Scribd or explore others: Other Research president eligibility

Here was our original letter to the Senator's office:

1st Response to Senator Alexander

Publish at Scribd or explore others: Other Research Senator Government

More from Tennessee - Waiting to be Contacted by the FBI

2009-01-23T19:31:00.004-07:00

My anonymous source in Tennessee heard back from Lamar Alexander's office earlier this week. A staff member was kind enough to forward his/her request for information on to the Federal Bureau of Investigation, so hopefully we'll have more to report in the not too distant future.

Please note: I have digitally altered this document by removing all information that could identify my source, or the staff member working for Senator Alexander. Everything else remains intact.

Lamar Alexander FBI Contacted

Publish at Scribd or explore others: Other Research president eligibility

Here was our original letter to the Senator's office:

1st Response to Senator Alexander

Publish at Scribd or explore others: Other Research Senator Government

Tennessee Senator "Investigation has Been Done - Obama is Eligible"

2009-01-13T12:14:00.007-07:00

Yesterday, I received a letter from an anonymous source that had a letter from TN Senator Lamar Alexander attached to it. In the letter, it states:

Lamar_Alexander_Letter - No Address

Publish at Scribd or explore others: Government

The letter was dated January 5th, on what appeared to be authentic letterhead, and the signature matched the signature posted on the Senator's website. Other, similar letters have also popped up on the Internet, from what I can gather.

------------

Here's our response:

Response to Lamar Alexander

Publish at Scribd or explore others: Government

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BIG TIP - Commission on Presidential Debates

2009-01-08T20:03:00.002-07:00

Today I received the following document from an anonymous tipster who only wanted to be known as "super sleuth from Florida". If you scroll down to the bottom of page 1, you'll see how important this document is. It's only the 2nd document I've seen where an entity other than the candidate himself states that the candidate is Constitutionally eligible. In this case, the Commission of Presidential Debates says that before any candidate can be eligible to debate, he/she have to prove to CPD that they meet the Constitutional requirements. Here's the document, followed by the letter I wrote the Executive Director.

Commission on Presidential Debates

Publish at Scribd or explore others: Campaigns and Electi Politics president debate

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Ms. Brown,

On your web page (http://www.debates/org/pages/candsel2008.html) it says that "the CPD will apply three criteria to each declared candidate to determine whether that candidate qualifies for inclusion in one or more of the CPD's debates." Could you help me better understand how that process works?

What I'm most interested in is how the CPD determines whether or not a candidate is Constitutionally eligible. The site says that the candidate has to meet the requirements of Article II, Section I of the Constitution - I'm wondering what documentation the candidate has to present to the CPD in order for the CPD to confirm the candidate has met the requirements, and is therefore eligible to debate.

Any and all documentation you have regarding this process and the procedures around it would be gratefully accepted - and a list of the documents the candidate must present to the CPD would be the most helpful, if you can release it.

Thank you for your time, and for your willingness to help at the beginning of this New Year.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Craig Donsanto, Co-Author of Federal Prosecution of Election Offenses

2009-01-06T19:42:00.002-07:00

Based on a tip from a reader, I contacted, Mr. Donsanto, and had an interesting conversation with him. Here is the full text:

------------
Mr. Donsanto,

A group of concerned citizens has asked that I write you a letter in an attempt to receive some clarification in regards to what your office does and does not do.

As you are likely aware, the two major-party candidates in this year's presidential election both had questions about their eligibility raised. Because of this, many Americans took it upon themselves to research this topic, and what we have found concerns us. Let me provide you with a brief three point overview of what has been discovered.

1) Nearly every Secretary of State in the country has been contacted, and the unanimous consensus voiced by those officials is that it the legal responsibility for ensuring that candidates are eligible lies with the political party.

2) Documents have been procured which show that high-ranking officials from both major political parties have signed sworn statements that their candidates for President and Vice President are eligible to serve as President and Vice President under the provisions of the United States Constitution. Please see the attached document to view these forms.

3) When approached, the party organizations have refused to release the documents that were used in making a determination of eligibility. This leaves the public with no way of confirming or denying whether or not a candidate is eligible to serve in the office for which he/she is running. Obviously, no citizen can cast an informed vote without access to information about whether or not the candidate is eligible.

My questions for you, then, are:

1) Does your agency have the ability to investigate whether or not candidates were properly placed on the ballot - specifically, to look into whether or not the candidates were eligible under the provisions of the Constitution.

2) Is there any legal way for the citizens of this country to procure the documents that the political parties used to make their determinations of eligibility?

3) If it is not within your power to investigate this matter, could you point us in the right direction as to who might be able to help us discover whether or not the candidates are/were eligible to serve as President.

Thank you very much for your time.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

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Q1.

No

Q2.

Answer to question is not within my area of professional competence as it does not implicate potential federal crimes within the juriscition on my office.

Q3.

Same answer as Q2.

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Mr. Donsanto,

Thank you very much for your prompt and courteous reply. Two more questions for you and your colleagues to make sure I understand, and then I'll move on:

1) Is it fair to say that according to the Seventh Edition of the "Federal Prosecution of Election Offenses", being an ineligible candidate and/or placing an ineligible candidate upon the ballot are not "election offenses"?

2) Are you aware of any government agency that has oversight over the political parties, to ensure that their determination of eligibility (for their presidential candidates) is valid?

Thank you again for your time. It is much appreciated.

Justin

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Q1. It depends.

Q2. Not personally.

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I'm going to need to continue this correspondence tomorrow, and figure out what the "it depends" means. I'll let you know when I do...

Follow-up with Joseph Sandler, Chief Legal Counsel for the Democratic National Committee

2009-01-05T22:10:00.003-07:00

This correspondence had an email, with a document attached to it. First the email:

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Mr. Sandler,

I've been told that you're office is the correct one to forward this correspondence to. Please find attached some questions regarding the potential release of documents to the public from the DNC. Thank you very much for your time and attention to this matter.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

------------
Dear Mr. Sandler,

Please allow me to thank you for your prompt and courteous reply to my records request. While I disagree with your assessment of the situation, I respect your judgment, and will proceed with my inquiry through the proper channels.

I thank you for the information regarding the various State Party's Delegate Selection Plans for the 2008 Democratic National Convention. Please know that many of those documents have been reviewed by myself and other concerned citizens. We have also contacted a large number of Secretaries of State, who have unanimously told us that it is the legal responsibility of the political party to ensure that the candidates they put forth for election are legally qualified to serve in the office they are seeking; hence our decision to contact you.

I hope you won't consider it impertinent of me to ask you to clear up some confusion on my part. To the best of my knowledge, each of the State Party's Delegate Selection Plans must comply with the policies, procedures, and rules that are put forth in the Delegate Selection Rules for the 2008 Democratic National Convention that was adopted by the Democratic National Committee on August 19th of last year. In that document, under heading 12 (Presidential Preference), rule K, it states:

1. Based on the right of the Democratic Party to freely assemble and to determine the criteria for its candidates, it is determined that all candidates for the Democratic nomination for President or Vice President shall:

a. be registered to vote, and shall have been registered to vote in the last election for the office of President and Vice President; and

b. have demonstrated a commitment to the goals and objectives of the Democratic Party as determined by the National Chair and will participate in the Convention in good faith.

2. It is further determined that these requirements are in addition to the requirements set forth by the United States Constitution and any law of the United States.

This document leads me to believe that there are policies and procedures that have been established by the party in which a candidate is determined to be legally qualified to hold office. As far as I am able to determine, each of these necessary qualification could be established by the presentation of documentary evidence. I am hopeful that the party will be willing to share this information with the public because in the Delegate Selection Rules it also states, under the heading An Open Party: “The Democratic Party in each state should publicize fully and in such a manner as to assure notice to all interested parties a full description of the legal and practical procedures for selection of Democratic Party officers and representatives on all levels”. I have made this request of my state party, and was rebuffed – perhaps the national party organization is willing to receive a “full description of the legal and practical procedures” for the selection of the Democratic Party's presidential nominee for the office of President of the United States of America. Is there any circumstance under which the Democratic National Party would be willing to share this information with the public? Is there any circumstance under which the party would be willing to share with the public the evidence that was considered in making the determination that Mr. Obama was legally eligible to serve as President under the provisions of the United States Constitution and the Delegate Selection Rules for the 2008 Democratic National Convention?

Finally, please know that I come to you in a spirit of cooperation and, hopefully, coordinated effort. I am anything but a litigious person, and am willing to exhaust any and all necessary efforts to bring this information to light before considering the option of petitioning the judicial branch of our governmental system. I wish you the very best, and eagerly await your response.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Blake Hall, RNC General Counsel

2009-01-05T22:07:00.002-07:00

Since I'm interested in how all presidential candidates get certified as eligible, I contacted the RNC's General Counsel. The letter I sent him is substantively the same as the one I sent to the DNC.

------------
Justin W. Riggs
(my personal info)

January 5, 2009

OFFICE OF THE GENERAL COUNSEL
Blake Hall
Republican National Committee
310 First Street
Washington, D.C. 20003
Phone: 202-863-8500
info@gop.org

RECORDS REQUEST

Dear Records Request Officer:

Pursuant to the state open records act, I request access to and copies of any and all documents used to determine the eligibility of John McCain to serve as President of the United States under the provisions of the Constitution of the United States of America in the 2008 primaries and general election. While the RNC is a private, non-profit organization, several courts have held that such organizations fall under the jurisdiction of their respective state open records acts, particularly when they are performing a government function or are functionally a government agency (see Gannon and Nichols v. The Board of Regents of the State of Iowa and Kimberly Kay Allen v. John Day for examples of these types of rulings). I therefore request that this request be granted in all due haste.

Because this request is for public, non-commercial use, I request that any fee be waived. If a fee is required, please contact me at this email address (juriggs@yahoo.com) with the amount, at which time I will decide to pursue or cancel my request.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I would also remind you that the act stipulates that you respond to this request in a timely fashion. I request that the document be mailed either electronically (a readable scan of the documents is sufficient) or through the postal service, no later than noon, January 22nd. If this is not possible, please contact me at this email address (juriggs@yahoo.com) with a time and a date by which I can expect to receive the documents.

Thank you for your assistance in this matter.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

District of Columbia - Office of the Secretary

2009-01-05T22:05:00.001-07:00

A short message to confirm whether or not the laws are the same in D.C. as they are in all the other states:

------------
I am conducting some research in which I have been contacting the various Secretaries of State across the country, asking them who is responsible in their state for ensuring that presidential candidates are eligible to run for office. Would you please provide me with a brief description of the policy of the D.C. Office of the Secretary on this matter. I sincerely appreciate it. Thank you again for your time, and I hope you are enjoying a wonderful New Year.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

University of Michigan University Library

2009-01-05T22:03:00.002-07:00

UM has one of the finest collections of information regarding everything presidential, so some time ago, I sent them a message. I was surprised and delighted when I heard back from them. Unfortunately, they had no new information that I could use. Here is the text of the message they sent:

------------
Dear Justin:
Happy new year, and my apologies for keeping you waiting regarding
your question about presidential qualifications.

The U.S. Constitution states the qualifications of an individual to
become president
(http://www.law.cornell.edu/constitution/constitution.articleii.html#section1):

"No person except a natural born citizen, or a citizen of the United
States, at the time of the adoption of this Constitution, shall be
eligible to the office of President; neither shall any person be
eligible to that office who shall not have attained to the age of
thirty five years, and been fourteen Years a resident within the
United States. "

There is no mention of how to prove these qualifications, however.

From what I have found, last year Philip Berg filed suit against
various parties claiming that Barack Obama was ineligible to be
president; that suit was dismissed. He also tried to delay or stop the
national election, which obviously did not happen. You can find the
Federal Election Commision's (FEC) statement regarding these cases
here: http://www.fec.gov/law/litigation/berg_ac_fec_opp_emerg_mot.pdf

The statement above includes wording that the FEC "has no
responsibility for or oversight over the Constitution?s Presidential
Qualifications Clause," ruling out the FEC in answer to your question.

The National Archives and Records Administration (NARA), on their FAQ
page
(http://www.archives.gov/federal-register/electoral-college/previous_questions.html)
, includes the question: Who verifies if a candidate is qualified to
run for President?

Their answer is to contact local state officials:

"The Office of the Federal Register at the National Archives and
Records Administration administers the Electoral College process,
which takes place after the November general election. The Office of
the Federal Register does not have the authority to handle issues
related to the general election, such as candidate qualifications.
People interested in this issue may wish to contact their state
election officials or their Congressional Representatives.

Because the process of qualifying for the election and having a
candidate's name put on the ballot varies from state to state, you
should contact your state's top election officer for more information.
In most states, the Secretary of State is the official responsible for
oversight of state elections, including the presidential election.
Visit the National Secretaries of State web site to locate contact
information and web addresses for the Secretary of State from each
state and the District of Columbia.

Under federal law an objection to a state's electoral votes may be
made to the President of the Senate during Congress's counting of
electoral votes in January. The objection must be made in writing and
signed by at least one Senator and one member of the House of
Representatives. Both the Senate and the House of Representatives
debate the objection separately. Debate is limited to two hours. After
the debate, both the Senate and the House of Representatives rejoin
and both must agree to reject the votes."

Based on this statement, it would seem that you are contacting the
correct parties. You may also want to contact the Sec of State's
office in Illinois: http://www.sos.state.il.us/

I am sorry I do not have a conclusive answer for you! Good luck with
your research.

Best,
Shevon
Ask a Librarian staff

Your original question: I've been trying to ascertain how a presidential candidate's eligibility is determined, specifically regarding the qualifications set out in Article II, Section I of the U.S. Constitution.

Thank you for using Ask a Librarian, a reference service of the University of Michigan University Library!

A Hand Delivered Letter to Nancy Pelosi?

2009-01-02T21:34:00.004-07:00

I received an interesting letter from an an unnamed source today. This person wrote:

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If you want to draft a letter to NP (Nancy Pelosi) regarding the differences in the HI DNC Certification, I have someone who will hand-deliver this to NP in D.C.

------------
Obviously, I jumped at the offer. Here's the letter I wrote:

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January 2nd, 2009

Congresswoman Nancy Pelosi
Washington, D.C. Office
235 Cannon HOB
Washington, D.C. 20515
202.225.4965

Congresswoman Pelosi,

First, please allow me the opportunity to wish you a Happy New Year, and express my gratitude for the chance to present this letter to you. I know that you are an extremely busy woman, and I will seek to be as brief and to the point as possible.

On the 22nd of December last year, I received a document from the Hawaii Office of Elections that included an Official Certification of Nomination from the Democratic Party that bears your signature on it. On that document, it states in part that: “the following candidates for President and Vice President of the United States (referring to Barack Obama and Joe Biden, respectively) are legally qualified to serve under the provisions of the United States Constitution.” I was interested in this document because it was different from all the other Certifications of Nomination which I have received, which simply state that the candidates had been nominated at the convention. I am assuming that this difference is a result of Section 11-113 of the Hawaii Revised Statutes, which stipulates that the political party of a candidate must provide a statement that the candidate is legally qualified to serve as President under the provisions of the United States Constitution.

As I'm sure you know, there has been some concern on the part of the citizens of this country that Mr. Obama is not eligible to hold the office of President; and, as of yet, no evidence has been made available to the public that would allow for a determination of eligibility to be made. Because you signed your name to this document, I have been asked by other concerned citizens to make a request that you provide us access to and copies of any documents that you used when making a determination of eligibility regarding Mr. Obama's qualifications to serve as President of the United States of America.

Again, I thank you for your time, and eagerly await your response.

Sincerely Yours,
Your Fellow Citizen,
Justin W. Riggs
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If I hear anything, I'll post it right away...

Response From the Democratic National Committee Regarding Document Request

2009-01-01T19:26:00.002-07:00

Thanks to many new friends from the Plains Radio Network, I received a response to my document request today (note: the request came through others, not directly to my request). It looks like the request has been forwarded on to the legal department for review. Here's a sampling of the emails that were sent by the DNC to various petitioners (I've redacted the names of all senders for the privacy of those involved).

------------
Your request has been forwarded to the appropriate department.

------------
and then:

Already received several duplicate copies. Forwarded to the appropriate department.

------------
in response to a question about what department the correspondence was sent to, the DNC replied:

Legal.

------------
So we've made progress. We should hear back relatively soon, I would hope. I'll post something here as soon as there's news fit to print...

Request for Documents From Democratic National Party...

2008-12-31T15:26:00.002-07:00

Although they aren't officially a public, governmental agency, I thought I would make a document request under the state open records act, and see what response I got. There is precedent for a private, non-profit organization being compelled to release information of this nature, so I would encourage anyone and everyone interested in this topic to send a similar request to the DNC:

------------
Justin W. Riggs
(my personal information)

December 31, 2008

OFFICE OF THE SECRETARY
Alice Travis Germond
Democratic National Committee
430 South Capitol Street SE
Washington, D.C. 20003
Phone: 202-863-8000
germonda@dnc.org

RECORDS REQUEST

Dear Records Request Officer:

Pursuant to the state open records act, I request access to and copies of any and all documents used to determine the eligibility of Barack Obama to serve as President of the United States under the provisions of the Constitution of the United States of America and the Democratic Party's 2008 Delegate Selection Plan in the 2008 primaries and general election. While the DNC Services Corporation is a private, non-profit organization, several courts have held that such organizations fall under the jurisdiction of their respective state open records acts, particularly when they are performing a government function or are functionally a government agency (see Gannon and Nichols v. The Board of Regents of the State of Iowa and Kimberly Kay Allen v. John Day for examples of these types of rulings). I therefore request that this request be granted in all due haste.

Because this request is for public, non-commercial use, I request that any fee be waived. If a fee is required, please contact me at this email address (juriggs@yahoo.com) with the amount, at which time I will decide to pursue or cancel my request.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I would also remind you that the act stipulates that you respond to this request in a timely fashion. I request that the document be mailed either electronically (a readable scan of the documents is sufficient) or through the postal service, no later than noon, January 7th. If this is not possible, please contact me at this email address (juriggs@yahoo.com) with a time and a date by which I can expect to receive the documents.

Thank you for your assistance in this matter.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Nancy Pelosi and John Boehner

2008-12-26T10:27:00.001-07:00

John Boehner and Nancy Pelosi signed the Hawaii Certification of Nominations. I wrote them through their Congressional offices.

------------
On the 4th of September, 2008, Mr. Boehner signed a document that was submitted to Hawaiian government officials stating that John McCain met the Constitutional requirements for holding the office of President. I am doing a research project on this topic, and was wondering what evidence Mr. Boehner was presented with that allowed him to make this determination of eligibility.

Thanks for your help!

------------
On the 28th of August, 2008, Ms. Pelosi signed a document that was submitted to Hawaiian government officials stating that Barack Obama was legally qualified to hold the office of President under the provisions of the Constitution. I am doing a research project on this topic, and was wondering what evidence Ms. Pelosi was presented with that allowed her to make this determination of eligibility.

Thanks for your help!

Willes K. Lee, Chairman of the Hawaii Republic State Party

2008-12-26T10:23:00.001-07:00

Mr. Lee,

Hi! My name is Justin Riggs, and I'm writing you from Denver, Colorado, mainland USA. I've been working on a research project for about a month now, and am hoping that you might be able to help me put one more piece of the puzzle together.

My project has centered around how presidential candidates gain access to the general election ballot in various states. Over the past month, I've contacted nearly every Secretary of State's office in the country, and been lucky enough to receive answers to my questions from nearly all of them. Hawaii has been my latest project, and I'm contacting you because your name was on one of the documents sent to me by Kevin Cronin, the Chief Election Officer in the Office of Elections of Hawaii.

As you may or may not know, Hawaii is a bit different than most other states in that it requires the political party of the candidate to declare that the candidate is legally qualified to serve as President under the provisions of the Constitution. Where I'm hoping you can help me is in providing me with a small description of how you and the Hawaii state parties determine whether or not the candidate meets this criteria. I'm particulary interested in knowing what documentation the candidate is required to provide to you so that you can make a determination regarding their eligibility under the provisions of the Constitution.

I want to thank you in advance for your time, and sincerely wish you a happy holiday season. I look forward to your response, and hope that you might be able to help me finish off my research project strong!

Thanks again,
Your Fellow Citizen,
Justin W. Riggs

Jean Inman, Secretary of the Republican National Committee

2008-12-26T10:20:00.001-07:00

Ms. Inman,

Hi! My name is Justin Riggs, and I'm writing you from Denver, Colorado. I've been working on a research project for about a month now, and am hoping that you might be able to help me put one more piece of the puzzle together.

My project has centered around how presidential candidates gain access to the general election ballot in various states. Over the past month, I've contacted nearly every Secretary of State's office in the country, and been lucky enough to receive answers to my questions from nearly all of them. Hawaii has been my latest project, and I'm contacting you because your name was on one of the documents sent to me by Kevin Cronin, the Chief Election Officer in the Office of Elections of Hawaii.

As you may or may not know, Hawaii is a bit different than most other states in that it requires the political party of the candidate to declare that the candidate is legally qualified to serve as President under the provisions of the Constitution. Where I'm hoping you can help me is in providing me with a small description of how the Republican Party determines that their candidate meets this criteria.

Also, it is my understanding that your office is responsible for retaining all official materials for the party, as well as sending them to the National Archives for preservation. I've been to the National Archives website, and found it quite difficult to navigate! I was wondering if you might be able to point me in the right direction in terms of where I might find the documents you've sent to the archives that are related to the 2008 presidential election.

I want to thank you in advance for your time, and sincerely wish you a happy holiday season. I look forward to your response, and hope that you might be able to help me finish off my research project strong!

Thanks again,
Your Fellow Citizen,
Justin W. Riggs

Lynne Matusow, Secretary of the Hawaiian Democratic Party

2008-12-26T10:16:00.001-07:00

Ms. Matusow,

Hi! My name is Justin Riggs, and I'm writing you from Denver, Colorado, mainland USA. I've been working on a research project for about a month now, and am hoping that you might be able to help me put one more piece of the puzzle together.

My project has centered around how presidential candidates gain access to the general election ballot in various states. Over the past month, I've contacted nearly every Secretary of State's office in the country, and been lucky enough to receive answers to my questions from nearly all of them. Hawaii has been my latest project, and I'm contacting you because your name was on one of the documents sent to me by Kevin Cronin, the Chief Election Officer in the Office of Elections of Hawaii.

As you may or may not know, Hawaii is a bit different than most other states in that it requires the political party of the candidate to declare that the candidate is legally qualified to serve as President under the provisions of the Constitution.
Where I'm hoping you can help me is in providing me with a small description of how you and the Hawaii state parties determine whether or not the candidate meets this criteria.

I want to thank you in advance for your time, and sincerely wish you a happy holiday season. I look forward to your response, and hope that you might be able to help me finish off my research project strong!

Thanks again,
Your Fellow Citizen,
Justin W. Riggs

Alice Germond, Secretary of the Democratic National Committee

2008-12-26T10:11:00.002-07:00

Alice Travis Germond's signature was on the documents sent to me by Hawaii. I wanted to write her a letter that was slightly less formal then the others I've sent, as my previous style hasn't been providing the results I'd like. Below is the letter I sent to Ms. Germond...

------------
Ms. Germond,

Hi! My name is Justin Riggs, and I'm writing you from Denver, Colorado. I've been working on a research project for about a month now, and am hoping that you might be able to help me put one more piece of the puzzle together.

My project has centered around how presidential candidates gain access to the general election ballot in various states. Over the past month, I've contacted nearly every Secretary of State's office in the country, and been lucky enough to receive answers to my questions from nearly all of them. Hawaii has been my latest project, and I'm contacting you because your name was on one of the documents sent to me by Kevin Cronin, the Chief Election Officer in the Office of Elections of Hawaii.

As you may or may not know, Hawaii is a bit different than most other states in that it requires the political party of the candidate to declare that the candidate is legally qualified to serve as President under the provisions of the Constitution. Where I'm hoping you can help me is in providing me with a small description of how the Democratic Party determines that their candidate meets this criteria.

Also, it is my understanding that the Office of the Secretary is responsible for retaining all official materials for the party, as well as sending them to the National Archives for preservation. I've been to the National Archives website, and found it quite difficult to navigate! I was wondering if you might be able to point me in the right direction in terms of where I might find the documents you've sent to the archives that are related to the 2008 presidential election.

I want to thank you in advance for your time, and sincerely wish you a happy holiday season. I look forward to your response, and hope that you might be able to help me finish off my research project strong!

Thanks again,
Your Fellow Citizen,
Justin W. Riggs

Christmas Break...

2008-12-23T21:14:00.003-07:00

I'm going to take a Christmas break from my activities here at yourfellowcitizen.com.

I've sent off Christmas wishes to all the folks at the DNC and RNC, and even to Hawaiian state party officials, and I'll report back once the holidays are over (hopefully I don't get a lump of coal!).

In the meantime, enjoy the season...

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Hawaii Answers TWO of My Questions

2008-12-22T15:43:00.007-07:00

Today was a landmark day in my search. Hawaii has answered two of the questions I originally asked.

1) WHO was responsible for ensuring that our presidential candidate's were eligible?

For the Republicans, the answer to that question is 1) John Boehner, Chairman of the Republican National Convention, 2) Jean A. Inman, Secretary of the Republican National Convention, and 3) Willes K. Lee, Chairman of the Republican Party of Hawaii.

For the Democrats, it was 1) Nancy Pelosi, Chair of the Democratic National Convention, 2) Alice Travis Germond, Secretary of the Democratic National Convention 3) Brian E. Schatz, Chair of the Democratic Party of Hawaii, and 4) Lynne Matusow, Secretary of the Democratic Party of Hawaii.

2) WHEN was the final determination regarding the presidential candidates eligibility made?

For the Republicans, the date was September 4th, 2008.

For the Democrats, the date was the 28th of August.

This only leaves us with one final question to answer:

3) WHAT EVIDENCE did the candidates provide to the above named officials which allowed a determination of eligibility to be made? At least we know who to ask!

I've attached the documents for you to review, and wish to express again my thanks for Hawaiian officials, who have been more than helpful during my correspondence with them.

Hawaii - Dems and Repubs Say Constitutionally Eligible

Publish at Scribd or explore others: Government

A Surprise From the Liberterian Party...

2008-12-18T22:43:00.002-07:00

I haven't had any luck getting the two major parties to respond to my calls and emails, so today I decided to try the minor parties. One, the Libertarian Party, responded almost immediately to my request for information. What they told me boldly highlighted the problem with our current system. First, the correspondence:

------------
Dear Sir/Madam, According to my Secretary of State's office, it is the responsibility of the party to ensure that its candidates are qualified to hold the office for which they run. I'm doing a research project on how different parties go about fulfilling this obligation. Specifically, I was wondering:

1) How did your organization ensure that Mr. (redacted - I first got the candidate's name wrong) was eligible to hold the office of President, should he have been elected?

2) When did the qualification process take place, and was there a particular date when he was "declared" to be eligible?

3) What evidence was your candidate required to present to the party in order to prove that he is Constitutionally eligible to hold office? I thank you for your time, and look forward to your response.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

------------
The response:

There was no question as to Congressman Barr’s eligibility, so we went on good faith that he was Constitutionally qualified.

------------
If you'll remember, the Colorado Secretary of State's office explicitly stated that the legal responsibility for ensuring that a candidate is qualified falls to the candidate's party; yet here we have a concrete example of a party who performed no check on their candidate, proceeding on "good faith" because "there was no question" about their candidate's eligibility. I don' t think I need to point out the more obvious problems with this scenario. In fact, I don't know that I need to say anything at all - the problems are so glaringly obvious that they speak for themselves.

Hawaii Response

2008-12-18T22:35:00.003-07:00

It seems I requested the wrong documents from Hawaii - a pattern that has emerged over these last few states. Luckily, Hawaiian officials were kind enough to write me a personalized letter pointing me in the right direction. As I have no way to post it here, I'll include what I consider to be the most pertinent information:

------------
HRS 11-113(Presidential Ballots) provides that a recognized political party will provide the Office of Elections with the following information prior to placing the names of its candidates for President and Vice President on the presidential ballot:

(1) the names and addresses of its candidates
(2) a statement by the political party that each candidate is legally qualified to serve under the provisions of the United States Constitution, and
(3) a statement that the candidates are duly chosen candidates of both the state and the national party.

------------
I'll be requesting the document referred to in (2) tomorrow morning.

The Final Word From Ohio

2008-12-17T21:32:00.000-07:00

Ms. Seskes,

I just wanted to take a moment and thank you for your assistance. I'm sorry I wasn't able to understand the Presidential Guide well enough to save you some time and effort.

Have a wonderful holiday season, and a happy 2009!

Justin

--- On Wed, 12/17/08, Seskes, Brandi wrote:
From: Seskes, Brandi Subject: FW: Public Records RequestTo: juriggs@yahoo.comDate: Wednesday, December 17, 2008, 2:10 PM
Dear Mr. Riggs,

Attached is a copy of Form 1-A and 1-B filed by John McCain. Senator McCain was the only candidate to file under the matching funds method and submit either a Form 1-A or 1-B with this office.

Please let me know if you need anything further or if you have any trouble opening the attachments.

Sincerely,
Brandi

Virginia

2008-12-16T23:47:00.002-07:00

I received a short response from the Virginia Secretary of State's office today. I'll need to follow up, as I'm not sure I understand the relevant statutes referenced in the email.

------------
Dear Sir/Madam,

In the Code of Virginia, § 24.2-519 states that:

In order to qualify as a candidate at any primary, a person must be legally qualified to hold the office for which he is a candidate and be qualified to vote in the primary in which he seeks to be a candidate.

In order to meet the requirements of this statute, it is clear that somebody from the state of Virginia must check the legal qualifications of the person seeking to become a candidate. My question is: Who is this person? When does he/she/they check the qualifications of the candidates? What evidence is required from the candidates in order to make a determination that they are legally qualified to hold office?

My particular concern is specific to the 2008 Presidential primary. Both John McCain and Barack Obama were placed on the ballot, and as far as I can determine, no one checked to ensure that they were legally qualified to hold the office for which they were a candidate. If I am mistaken, could you please provide me with the following information: a) Who was legally responsible for making sure that the candidates were legally qualified to hold the office they were running for, and therefore eligible to qualify as a candidate on your primary ballot? b) When was the determination made that these candidates were eligible to be placed on the ballot? c) What documentary evidence was presented by the candidates to the state that proved that they were legally qualified to hold the office which they sought?

I thank you for your time and attention to these important questions, and respectfully request that you respond before 5:00 pm EST, Friday December 12th. If this will not be possible, please respond to this message with a time and a date that I might expect a response from this office.

Thank you again,
Your Fellow Citizen,
Justin W. Riggs

------------
Please see Va. Code § 24.2-545 regarding the presidential primary. You can access election laws through our website under that heading at the top:
http://www.sbe.virginia.gov/cms/

If you still have questions, you may call me this Thursday or next Monday.

Martha B. Brissette
Staff Attorney
Virginia State Board of Elections
200 N. 9th St. #925
Richmond, VA 23219
804.864.8925
Toll free 800. 552.9745

Illinois - It's Our Responsibility

2008-12-16T23:38:00.003-07:00

I had a very interesting and enlightening correspondence with Kay Walker from the Illinois Secretary of State's office this morning. The conversation ended with a phone call, in which I had something of an epiphany. Ms. Walker was explaining to me that it isn't the job of the SoS to verify candidate eligibility, but that it was his job to remove a candidate whose qualifications had been challenged and found lacking. All of a sudden I realized that the critical piece in the puzzle was the citizen who challenged the candidate's qualifications in the first place. It really isn't the job of the Secretary of State to check these qualifications. It's our job, as American citizens, to be wary of the candidates who seek to represent us, and, if we feel so inclined, to force them to provide their credentials. We as a people have perhaps become a bit complacent in exercising our rights and duties as citizens of this country.

Nearly every state I've researched has laws that allow a citizen to challenge the credentials of any candidate on the ballot. Instead of pointing our fingers at our leaders, perhaps we would be better served by educating ourselves on the avenues available to us in this fine democracy of ours.

For those interested, here is a copy of the written correspondence between Ms. Walker and I.

------------

Dear Sir/Madam,

In reviewing the Illinois Election Code, I was unable to ascertain who is responsible for ensuring that the candidates for U.S. Senator are qualified to hold office. Could you please provide me with the following information:

1) Who is responsible for checking candidates for U.S. Senator qualifications.
2) When the qualification process takes place.
3) What evidence is provided by the candidate that allows a determination of eligibility to be made.

I thank you for your time and attention to this matter..

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

------------
It is up to a registered voter in the district to file an objection against a candidate that has filed a petitions. We accept all petitions that are filed with us. If you need more information on objections you can contact our legal department at 217/782-0608.

------------

Ms. Walker,

No, I'm not interested in filing an objection against a candidate - what I'm looking for is information regarding what paperwork a Senatorial candidate must file in order to be placed upon the ballot, and who determines whether or not the candidate is eligible to run for office in your state.
For example, when I asked this same type of question to the Oregon Secretary of State, their response was:

"The Secretary of State is the elections filing officer for U.S. Representative and U.S. Senator; statewide candidates, such as Secretary of State, State Treasurer and Attorney General, as well as statewide judicial, and for other state candidates for State Representative, State Senate, Circuit Court judges and District Attorney. For the Primary Election and General Election there is a listing of candidates on our website, www.sos.state.or.us -select Elections Division, then Candidates. For each of the candidates listed from U.S. Senator down through District Attorney, there would be in the original file a form the candidate signed and copies of the county verification paperwork that answers the voter registration and residency question for each candidate. For copies of these documents,we would need to follow our public records request process."

Is there a similar process in Illinois, whereby I might be able to make a document request under the state open records act, and obtain filing papers from Senatorial candidates?

I thank you in advance for your time, and for your prompt reply to my last message. It is much appreciated.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

------------
In Illinois a candidate has to file petitions, statement of candidacy, loyalty oath (optional) and a statement of economic interest (if applicable). Different offices take a different amount of signatures. For a U. S. Senator they need at least 5,000 signature and no more than 10,000. We do not count signatures when a candidate files. If a senate candidate files only 500 signatures and no one objects to his petitions he is on the ballot. If you need more information please call me. (number redacted)

Democratic National Committee's Office of Constituency Services

2008-12-15T17:21:00.002-07:00

According to the DNC website, Constituency Services "responds to requests for information". So this morning I called the DNC, got the pertinent email, and requested the information I've been looking for:

------------
Dear Sir/Madam,

I'm not sure if this is the correct place to ask this question, but your webiste stated that: "Constituency Services responds to all policy and constituent mail and responds to requests for information." I would like to request information about the process the Democratic party uses to ensure that its candidates are qualified to hold the offices they run for. The reason I'm coming to the DNC is that, in response to these same questions, my state chairman (Pat Waak) said: " If you would like more information on specifics, please contact the Democratic National Committee." I was also told by the Oregon Attorney General, "the national organizations of the major political parties are responsible for ensuring that they nominate only qualified candidates." The Colorado Secretary of State also informed me that it's the "legal responsibility" of the party to certify qualified candidates to their office.

My questions have to do with a clause found in the 2008 Delegate Selection Rules. On page 18 of that document it states:

1. Based on the right of the Democratic Party to freely assemble and to determine the
criteria for its candidates, it is determined that all candidates for the Democratic
nomination for President or Vice President shall:

a. be registered to vote, and shall have been registered to vote in the last
election for the office of President and Vice President; and

b. have demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair and will participate
in the Convention in good faith.

2. It is further determined that these requirements are in addition to the requirements
set forth by the United States Constitution and any law of the United States.
While this clause relates only to the presidential candidate, I'd also be interested to know how the DNC ensures that its Congressional candidates are qualified to hold the office they run for. Specifically, I'm requesting the following information:

1) What individual, individuals, group, and/or groups are responsible for ensuring that the Democratic candidates are qualified to hold the offices they run for, should they be elected?

2) Approximately when does the qualification process take place during the campaign. My research indicates that it must take place after the individual becomes an official candidate, but before receiving a nomination from the party. Is that accurate? And is there a more specific date?

3) What evidence (i.e. - birth records, passports, background check documents) is provided by the candidate to the party that allows the party to make an official determination regarding the candidate's eligibility?

4) Is there any sort of documentation which shows that the party made a determination regarding the candidates' eligibility? Perhaps a document signed by the party chair stating that such-and-such a candidate is eligible to hold the office they are running for? If so, is that documentation available to the public, and if so, how can I request that copies be sent to me?

I thank you for your time and attention to this matter, and congratulate the party on a successful election season. I have a sincere hope that our country will benefit from our new leadership, and that they might be able to guide us safely through these difficult and perilous times.

Sincerely,

Justin W. Riggs

Question Regarding Filing a Complaint Against State Political Parties

2008-12-15T17:13:00.002-07:00

Although I am loathe to travel this road, the political parties seem resistant to releasing what ought to be simple, factual information. Today, I opened a correspondence with Troy Bratton, a Legal Specialist with the Colorado Secretary of State's office, in regards to how one would file a complaint against the political parties. Here is the correspondence, in full:

------------

Ms. Geiger,

In an email communication, the Colorado Secretary of State's office is quoted as saying:

"The Colorado Secretary of State's office, has received numerous calls and emails inquiring into the procedures undertaken to ensure that presidential candidates are qualified to be placed on the ballot. This email is intended to answer your questions regarding the qualifications of candidates for the office of President of the United States.First, please understand that, 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.Any questions regarding the qualifications of a presidential candidate should be directed to the parties, who are the certifying entities in this case."

I have directed my questions to the parties, and they have, unfortunately, been unresponsive to my requests for information. I would now like to inquire as to how I might file an official complaint against the parties, and perhaps open an investigation into whether or not they performed their "legal responsibility" of confirming their presidential candidate's qualifications before certifying him to the state. Any help you might be able to offer in regards to this unpleasant business is gratefully received.

Sincerely,

Justin W. Riggs

------------

Mr. Riggs:

Because the legal dispute appears to be between you and the parties, I recommend that you consult an attorney for legal advice on how to proceed. This office is unable to provide you with legal advice on how to file a protest regarding the certification of candidates by a political party. Further, as expressed in the original email response from this office, the proper forum for complaints is the district court, not the Secretary of State’s office. As such, this office lacks the authority to investigate the certification of candidates by a political party. Please see sections 1-4-501(3) and 1-4-909, C.R.S., for more information.

------------

Mr. Bratton, et al...

Thank you for your timely response to my question. However, I'm not sure I made myself very clear in my previous message.

I am not a litigous man, and don't have the time, energy or resources to pursue this matter in a court of any kind. I am not seeking legal advice from your office - I simply want to know where I can file a *complaint* against the parties, claiming that that they didn't perform the duties prescribed to them by the Secretary of State's office.

In other words, I don't want to challenge the candidate's eligibility - that would be foolish, as I don't know if the candidate is eligible, because if the parties checked the candidates' qualifications, they won't release a) who did it, b) when it was done, or c) what evidence was provided by the candidate to the party that allowed the party to decide that the candidate was eligible.

The Secretary of State's office is on the record as stating that it is the "legal responsibility" of the party to confirm the qualifications of their candidates before certifying them to the state. If this is the case, surely there is an enforcement mechanism in place, and an authorized body that has been established to investigate such complaints as the one I propose..

Again, I am not challenging any candidate's eligibility - I am complaining that, to the best of my knowledge, the state parties did not perform their legal duty to check those same candidates' qualifications - or that if they did, they will not release the pertinent information to the public.
Sorry for the confusion, and I look forward to your response.

Sincerely,

Justin W. Riggs

------------
Please see below:

1-1-113. Neglect of duty and wrongful acts - procedures for adjudication of controversies -
review by supreme court.

(1) When any controversy arises between any official charged with any duty
or function under this code and any candidate, or any officers or representatives of a political party, or
any persons who have made nominations or when any eligible elector files a verified petition in a district
court of competent jurisdiction alleging that a person charged with a duty under this code has committed
or is about to commit a breach or neglect of duty or other wrongful act, after notice to the official which
includes an opportunity to be heard, upon a finding of good cause, the district court shall issue an order
requiring substantial compliance with the provisions of this code. The order shall require the person
charged to forthwith perform the duty or to desist from the wrongful act or to forthwith show cause why
the order should not be obeyed. The burden of proof is on the petitioner.

(2) The petitioner shall be required to deposit in court the statutory witness fees pursuant to section
13-33-102, C.R.S., for each person cited or summoned into court as a party or a witness, to be paid to the
party or witness if the charge is not sustained. The money so deposited shall be returned to the party
depositing it if any of the charges are sustained.

(3) The proceedings may be reviewed and finally adjudicated by the supreme court of this state, if
either party makes application to the supreme court within three days after the district court proceedings
are terminated, unless the supreme court, in its discretion, declines jurisdiction of the case. If the
supreme court declines to review the proceedings, the decision of the district court shall be final and not
subject to further appellate review.

(4) Except as otherwise provided in this part 1, the procedure specified in this section shall be the
exclusive method for the adjudication of controversies arising from a breach or neglect of duty or other
wrongful act that occurs prior to the day of an election.

(5) Notwithstanding any other provision of law, the procedures specified in section 1-1.5-105 shall
constitute the exclusive administrative remedy for a complaint arising under title III of the federal "Help
America Vote Act of 2002", Pub.L. 107-252.

Thank you.

------------
Mr. Bratton,

One final question: In the Secretary of State's communication, it refers to "the party" and "the parties", but does not specify whether it is referring to the state organization and/or the national organization. Is it the Secretary of State's official position that the legal responsibility for checking the candidate's qualifications lies at the feet of the state or the national party organization?

Thanks again...

Justin

------------
I am disheartened by the fact that the only opportunity I have to file a grievance is through a court of law. I do not want to clog our system with a case that ought to be handled with a simple, straightforward answer.

As of yet, I have not decided what to do. I will, of course, post when I make a final determination.

Colorado Democratic Party Legal Counsel

2008-12-15T17:12:00.000-07:00

If I was going to contact the Republican Party's legal counsel, I decided I'd better contact the Democratic Party's, too. Here's the letter:

------------
Ms. Tierney,

I hope that my information is correct, and that you are still affiliated with the Colorado Democratic Party as part of their legal team. If not, please accept my apologies.

I am writing you in response to an email message that has been circulated by the Colorado Secretary of State's office stating:

"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 (the qualifications of a candidate) lies with the certifying entity. (my parantheses)Any questions regarding the qualifications of a presidential candidate should be directed to the parties, who are the certifying entities in this case."

Since the SoS' office used the term legal, I assume you would be the person to answer my questions.

In researching who determines whether or not a presidential candidate is eligible to hold office, I came across the following information in your party's 2008 Delegate Selection Rules:

1. Based on the right of the Democratic Party to freely assemble and to determine the
criteria for its candidates, it is determined that all candidates for the Democratic
nomination for President or Vice President shall:

a. be registered to vote, and shall have been registered to vote in the last
election for the office of President and Vice President; and

b. have demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair and will participate
in the Convention in good faith.

2. It is further determined that these requirements are in addition to the requirements
set forth by the United States Constitution and any law of the United States.

So it appears that the Democratic Party has some rather stringent requirements regarding who can and cannot represent the party as a presidential candidate - more stringent than the Constitution itself! My questions, then, are these:

1) Who in the Democratic Party is responsible for making sure that a presidential candidate meets all the requirements set out in the above quoted text?

2) When did the qualification process for presidential candidates take place during the 2008 election cycle?

3) What evidence is provided by the candidate to the party that allows the party to make a final determination regarding the eligibility of a presidential candidate? Is any of that documentation available to the public? If so, how would one go about requesting it?

4) Is there some sort of document that the party leadership signs that states, in effect, "this candidate is qualified to hold the office he/she is running for"? Again, where might I find a copy of such a document, should it exist?

I thank you for your time and attention to these questions. I congratulate the Democratic Party on their recent success, and wish you all the best as you attempt to govern our country through these difficult and perilous times.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Colorado GOP Legal Counsel

2008-12-15T17:09:00.001-07:00

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:

------------
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

My State Representative

2008-12-15T17:07:00.001-07:00

Now that one or two other state Rep's have proposed legislation regarding the eligibility of presidential candidates, I thought I would approach my representative and see if he would be willing to author a bill as well. Here is my request:

------------
Rep. Rice,

My name is Justin Riggs. I am a member of your district, and recently, I submitted a ballot initiative proposal that would require all presidential candidates to provide evidence of their eligibility for office before being placed upon the state ballot. Looking at the requirements to get the initiative placed on the ballot, however, I realize that it will be difficult for me to achieve this feat. I was wondering if you might be willing to represent me (and other concerned citizens of your district) by authoring a bill with language similiar to that of my proposed ballot initiative.

I appreciate your consideration of this request, and eagerly await your response...

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Follow-up with Alabama

2008-12-15T17:03:00.000-07:00

Mr. Johnston,

Approximately a week ago I sent you a few follow-up questions in regards to some information you provided me (the questions can be found below, in the last email dated 12/8/08).

Can I expect a response to my inquiries? If not, could you point me to the right person to address these questions to? I sincerely appreciate your help.

Justin

New Hampshire Document Request

2008-12-15T17:00:00.001-07:00

RECORDS REQUEST

Dear Records Request Officer:

Pursuant to the state open records act, I request access to and copies of the Declaration of Intent for Presidential and Vice-Presidential Candidates (RSA 655:17-b) for all major-party presidential candidates on the November 4, 2008 General Election ballot.

Because this request is for public, non-commercial use, I request that any fee be waived. If a fee is required, please contact me at this email address (juriggs@yahoo.com) with the amount, at which time I will decide to pursue or cancel my request.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I would also remind you that the act stipulates that you respond to this request in a timely fashion. I request that the document be mailed either electronically (a scan of the document is sufficient) or through the postal service, no later than noon, December 10th(sic). If this is not possible, please contact me at this email address (juriggs@yahoo.com) with a time and a date by which I can expect to receive the document. Thank you for your assistance in this matter.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Idaho

2008-12-13T21:42:00.001-07:00

More strong language in Idaho. I'm not sure how a state can have a statute like this and not be checking the qualifications of the candidates:

------------
Dear Sir/Madam,

Under Chapter 7, Title 34-704 of the Idaho Election Code, it states:

"DECLARATION OF CANDIDACY. Any person legally qualified to hold such office is entitled to become a candidate and file his declaration of candidacy."

My question is this: who determines whether an individual is legally qualified to hold the office they are seeking?

Also, are presidential candidates required to file a declaration of candidacy with the state of Idaho?

Thank you for your attention to this matter.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Wisconsin

2008-12-13T21:38:00.002-07:00

Some of the laws are difficult for me to interpret, and I've struck out a few times now. I figured I'd ask before making a document request this time - and it was a good thing I did.

------------
Dear Sir/Madam,

Are presidential candidates required to file a declaration of candidacy under the provisions of s. 8.21 of the Wisconsin Statutes and Annotations?

Thank you for your time and attention to this matter.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

------------
Hi Justin,

In Wisconsin, matters having to do with elections and voters are handled by the Elections Division of the Government Accountability Board (not the Office of the Secretary of State). My best suggestion is to contact the Elections Division directly http://elections.state.wi.us/

Sincerely,

Susan Churchill

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Thanks, Susan - I appreciate your quick reply. Have a great day!

Justin

Hawaii

2008-12-13T21:34:00.004-07:00

I love Hawaii - the are such a warm, loving people. Even the Lieutenant Governor's office is nice.

------------
DOCUMENT REQUEST - *TIME SENSITIVE*

Justin W. Riggs
5255 S. Grant St. Littleton, CO 80121
303-781-1998

December 12, 2008

LIEUTENANT GOVERNOR James R. "Duke" Aiona, Jr.
State of Hawaii
ELECTIONS DIVISION
Phone: 808 586-0255
Fax: 808 586-0231
email: ltgov@hawaii.gov

RECORDS REQUEST

Dear Records Request Officer:

Pursuant to the state open records act, I request access to and copies of the candidate nomination papers (as referred to in §12-7 of the Hawaii Revised Statutes) for all major-party presidential candidates on the November 4, 2008 General Election ballot. Because this request is for public, non-commercial use, I request that any fee be waived. If a fee is required, please contact me at this email address (juriggs@yahoo.com) with the amount, at which time I will decide to pursue or cancel my request. If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I would also remind you that the act stipulates that you respond to this request in a timely fashion. I request that the document be mailed either electronically (a scan of the document is sufficient) or through the postal service, no later than noon, December 10th. If this is not possible, please contact me at this email address (juriggs@yahoo.com) with a time and a date by which I can expect to receive the document. Thank you for your assistance in this matter.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Aloha Mr. Riggs, The Office of Elections is no longer under within the Office of the Lieutenant Governor. By copy of this correspondence, I am requesting that the Office of Elections review your matter and take any action that they deem to be necessary and appropriate. Mahalo for writing to the Office of the Lieutenant Governor. Office of the Lieutenant GovernorState Capitol - Fifth FloorHonolulu, Hawai`i 96813(808) 586-0255www.hawaii.gov/ltgov
Justin Riggs

Virginia's Strong Statute

2008-12-13T21:30:00.002-07:00

I was surprised to see such strong language in this Virginia statute. I've written a letter, and will update the post when I hear back.

------------
Dear Sir/Madam,

In the Code of Virginia, § 24.2-519 states that:

In order to qualify as a candidate at any primary, a person must be legally qualified to hold the office for which he is a candidate and be qualified to vote in the primary in which he seeks to be a candidate.

In order to meet the requirements of this statute, it is clear that somebody from the state of Virginia must check the legal qualifications of the person seeking to become a candidate. My question is: Who is this person? When does he/she/they check the qualifications of the candidates? What evidence is required from the candidates in order to make a determination that they are legally qualified to hold office?

My particular concern is specific to the 2008 Presidential primary. Both John McCain and Barack Obama were placed on the ballot, and as far as I can determine, no one checked to ensure that they were legally qualified to hold the office for which they were a candidate. If I am mistaken, could you please provide me with the following information: a) Who was legally responsible for making sure that the candidates were legally qualified to hold the office they were running for, and therefore eligible to qualify as a candidate on your primary ballot? b) When was the determination made that these candidates were eligible to be placed on the ballot? c) What documentary evidence was presented by the candidates to the state that proved that they were legally qualified to hold the office which they sought?

I thank you for your time and attention to these important questions, and respectfully request that you respond before 5:00 pm EST, Friday December 12th. If this will not be possible, please respond to this message with a time and a date that I might expect a response from this office.

Thank you again,
Your Fellow Citizen,
Justin W. Riggs

A Concerned Oregon Citizen

2008-12-13T21:09:00.003-07:00

Yesterday, I received an email from "A Concerned Oregon Citizen". She shared with me a correspondence she had had with the Elections Division and Secretary of State of her state. I wanted to share a little bit of what she sent me:

------------
I visited the Oregon Elections Division this afternoon and spoke with Margie Franz, one of the election compliance specialists. Margie is responsible for verifying Federal candidacy qualifications and she is also responsible for coordinating the Oregon Electoral College vote on December 15th. I asked her if federal candidate qualifications are verified at the state level prior to a candidate being place on the ballot. The Oregon Elections Division does ensure that Congressional candidates do meet the necessary requisites as defined in Article I, as well as voter his/her registration, residency, and party affiliation.

When I asked her about Presidential candidates, she said the Oregon Elections Division does not validate his/her qualifications per Article II. She stated this is the responsibility of the FEC. The only Oregon requirement is the Presidential candidate has to submit a Declaration of Candidacy filing which includes a signed statement or affidavit that they will meet the Article II qualifications if elected. I sampled several Candidacy Declaration filing forms for other states and they all have this in common. In other words, Oregon (and in all likelihood other states), does not assume any responsibility for verifying Presidential candidate qualifications at any time before, during, or after the election.

I have visited the FEC, NARA, DNC, RNC websites and I cannot find anything that would suggest that Presidential candidate qualifications as defined in Article II are verified. I do however find it hard to believe that a candidate can make it all the way to the general election without being properly vetted for even the most basic requirements.

------------
It's wonderful to see people doing great work on this topic, and I post this here in hopes that if you are wondering whether or not you can do it, you will feel motivated to get out there and make a difference! And if you do find anything in your state, please email me at juriggs@yahoo.com, and I'll include your information in my library (much of which shows up at http://www.therightsideoflife.com).

Hello to the Democratic National Committee

2008-12-12T09:12:00.002-07:00

This morning I called the DNC to see if I could get in touch with anyone that might be able to answer my questions. I talked to two very helpful individuals, one of which promised to get back to me with information.

Funny thing is, I was so nervous, I forgot to get the gentleman's name! Hopefully, he get's back to me....

------------
UPDATE: Matt from the DNC did get back to me, and gave me the name of Ben Abolt to get in touch with. He said this is "the guy who can answer my questions". So I sent a letter to Mr. Abolt right away:

------------
Mr. Labolt,

This morning I contacted the Democratic National Committee about the controversy surrounding Barack Obama's qualifications, and they gave me your name as the person to contact. I Googled your name, and happened to see that you had a Facebook account - hope you don't mind that I contacted you this way.

The reason I contacted the DNC is that there has obviously been some controversy surrounding whether or not Mr. Obama is qualified to hold the office of President. I think that he must be, but I took it upon myself to get a firm answer on this question. As I researched the topic I saw that in the 2008 Delegate Selection Rules, it states:

1. Based on the right of the Democratic Party to freely assemble and to determine the criteria for its candidates, it is determined that all candidates for the Democratic nomination for President or Vice President shall:

a. be registered to vote, and shall have been registered to vote in the last election for the office of President and Vice President; and

b. have demonstrated a commitment to the goals and objectives of theDemocratic Party as determined by the National Chair and will participatein the Convention in good faith.

2. It is further determined that these requirements are in addition to the requirements set forth by the United States Constitution and any law of the United States.

So now I know the Democratic Party has qualifications a candidate must meet if they want the nomination. What I don't know, and what I need your help with is:

1) Who within the party is responsible for making sure that Mr. Obama meets all the qualifications set out in the Delegate Selection Rules?

2) When did the qualification process occur, and on what date was it determined that Mr. Obama is eligible?

3)What evidence was provided by Mr. Obama that served as conclusive proof that he was eligible to seek the nomination?

Thanks in advance for your help, and I'll look forward to hearing back from you. You can contact me here on Facebook, or at juriggs@yahoo.com.

Colorado Democratic Party Chair States, "(Obama) qualified as a U.S. citizen (While Running for Senator and President) by virtue of his BC"

2008-12-11T17:28:00.007-07:00

I've had on again/ off again correspondence with Patricia Waak, Chair of the Colorado Democratic Party. I hadn't received a suitable answer to my questions to her, so I renewed our correspondence today. Her reply certainly surprised me:

------------
Ms. Waak,

I have reviewed the documentation you referred me to, and don't see the answer to my questions. Could you please provide me with further guidance in this matter? Again, my questions are:

1) The Colorado Secretary of State is on the record stating that it is the legal responsibility of the state party to check the candidate's qualifications before certifying the name of the candidate to the state. Who in your organization was responsible for checking Mr. Obama's credentials (this might be somebody from the national party who informed your office of his eligibility?)?

2) When did the qualification process take place?

3) What evidence was provided by Mr. Obama that allowed a determination of eligibility to be made?

I am certain that this process occured, because in the 2008 Delegate Selection Plan it states:

1. Based on the right of the Democratic Party to freely assemble and to determine the
criteria for its candidates, it is determined that all candidates for the Democratic
nomination for President or Vice President shall:

a. be registered to vote, and shall have been registered to vote in the last
election for the office of President and Vice President; and

b. have demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair and will participate
in the Convention in good faith.

2. It is further determined that these requirements are in addition to the requirements
set forth by the United States Constitution and any law of the United States.

This means that before the nomination occured, somebody checked Mr. Obama's qualifications ("all candidates for the Democratic nomination for President or Vice President shall" meet the requirements the DNC specifies). I'm simply trying to ascertain WHO performed this check, WHEN it was done, and WHAT EVIDENCE was provided by the candidate.

Because of the legal nature of these questions, I understand your reticence to answer them. If there is a staff lawyer in your office, or somebody from the national party that would be better qualified (or authorized) to discuss these matters, I would be happy to speak with them instead.

I thank you for your time, and wish you the best during this busy holiday season.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

------------
From: Pat Waak pwaak@coloradodems.org
Subject: Re: Renewed request for information...
To: juriggs@yahoo.com
Cc: "Sherry Jackson" sjackson@coloradodems.org
Date: Thursday, December 11, 2008, 3:45 PM

Mr. Riggs,

Sen. Obama has run for office numerous times and qualified as a U.S. citizen by virtue of his birth certificate. He was certified as a candidate under Federal Election Commission law, both during his Senate run and his Presidential contest. If you would like more information on specifics, please contact the Democratic National Committee.

P. Waak

------------
Ms. Waak,

I understand that Mr. Obama has qualified as a citizen to run for various offices, but to become President, he must be a "natural-born" citizen, which is a different requirement altogether. If he qualified to run by virtue of his birth certificate, I would very much like to know where a copy of that document resides, so that I can view it along with the rest of the paperwork he filed.
I would definitely like more specifics, but don't know how to get anyone from the Democratic National Committee to respond to my messages (I've sent them pretty much the same messages I've sent you). Perhaps you could provide an introduction for me, so that both of our problems go away? :)

I'm sorry to bother you - I'm not seeking to make enemies. I am determined to get an answer to these questions, however - I feel it lies within my rights as a citizen of Colorado and the United States of America.

I thank you for the information you've provided so far, and hope to resolve this issue quickly so that we both might go about our normal business.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Oregon's Secretary of State's Office and Attorney General's Office Say it's National Party's Responsibility

2008-12-11T17:12:00.005-07:00

The following post is long, but definitely required reading.

Last night, during my research, I found a law in Oregon's Revised Statutes regarding the contesting of elections. I sent a question in, as I thought it might be wise to find someone from Oregon to contest the results of the 2008 Presidential election in order to see if we could bring the eligibility issue to the forefront. Here is a copy of the entire correspondence, but for those who can't wait, the key statement is that, according to the Oregon Attorney General's legal counsel, it is the NATIONAL PARTY'S responsibility to ensure that they nominate ONLY qualified candidates.

Here's each individual message:

------------
According to the Oregon Revised Statutes: The nomination or election of any person... may be contested by anyelector entitled to vote for the person...

I am considering contesting the Presidential election, as it is altogether unclear whether or not John McCain or Barack Obama meet the Constitutional requirements for holding that office. My question is this: am I allowed to question the President's qualifications and contest that election?

Please respond immediately, as I will have to file my contest petition before Friday evening. Thank you for your time, and I wish you the best during this holidayseason.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

------------
From: Norma J BUCKNO <http://us.mc448.mail.yahoo.com/mc/compose?to=Norma.J.Buckno@state.or.us>
Subject: Re: Contest of Election question
To: juriggs@yahoo.com
Cc: "Brenda J BAYES" <http://us.mc448.mail.yahoo.com/mc/compose?to=Brenda.J.Bayes@state.or.us>
Date: Thursday, December 11, 2008, 10:02 AM

Dear Mr. Riggs,

Thank you for contacting our office by email. You are correct that Oregon election law provides procedures for election contests, in ORSChapter 258. An information page on these provisions is attached and also attached is an Election Law Summary memo that contains basically the same information on this process. The complete language of these election laws is contained in the 2007-2008 Oregon Election Laws handbook as well as posted on our website, at http://www.sos.state.or.us/, choose Elections Division, then Election Laws.

This contest of election process is a filing in court and our office does not provide legal advice to a person who wishes to file such a contest, they may wish to contact private legal counsel. The result of an election can only be changed by a recount or set aside by a judge in a court of law. A contest of election is an action filed in court by an eligible person, as defined in the statute, to contest the nomination or election of any person or the decision on any measure. The deadline for a contest of election for the November 4, 2008 General Election isDecember 15, 2008 (40 days after the election date). As to a determination of whether a Presidential candidate is qualified to take office, we offer the following advice. The Secretary of State is the elections filing officer for U.S. Representative and U.S. Senator; statewide candidates, such as Secretary of State, State Treasurer and Attorney General, as well as statewide judicial, and for other state candidates for State Representative, State Senate, Circuit Court judges and District Attorney. For the Primary Election and General Electionthere is a listing of candidates on our website, www.sos.state.or.us -select Elections Division, then Candidates. For each of the candidates listed from U.S. Senator down through District Attorney, there would be in the original file a form the candidate signed and copies of the county verification paperwork that answers the voter registration and residency question for each candidate. For copies of these documents,we would need to follow our public records request process.

The office of U.S. President and Vice President are handled differently due to the Electoral College Process. A copy of an information page on the Electoral College process is enclosed for your reference. We have also enclosed copies of information pages from the 2008 State Candidate’s Manual: Major Political Party Manual that explains the two methods for candidates to be on ballot for the Primary Election.Then under Oregon law, ORS 248.315, national political party conventions are held and the party selects it’s nominees for the GeneralElection. At the General Election, Oregon electors do not vote for presidential candidates, but only for the electors who are pledged to support a party’s candidates for President and Vice President. ORS 248.355 andORS 248.360. We note that on Oregon’s presidential ballots there was a note stating: “Your vote for the candidates for United States President and Vice President shall be a vote for the electors supporting those candidates.”

We have previously reviewed with the Attorney General’s Department of Justice legal counsel the question of the Secretary of State’s role in determining the eligibility of a Presidential candidate. We have been advised that the eligibility of a presidential candidate is not a question for the Oregon Secretary of State to determine. Therefore, there is not the same verification paperwork available for these candidates in our office. In this case, these candidates are not Oregon residents and so there would be no Oregon voter registration records etc.

We hope this information is helpful for you. Thanks, Norma

Sincerely,

Norma Buckno
Compliance Specialist
Oregon Secretary of StateElections Division

------------
Ms. Buckno,

Thank you *very* much for your thorough explanation - that was exactlythe information that I needed. I do have one follow up question, if youdon't mind.

You stated that "We have previously reviewed with the Attorney General’s Department of Justice legal counsel the question of the Secretary of State’s role in determining the eligibility of a Presidential candidate. We have been advised that the eligibility of a presidential candidate is not a question for the Oregon Secretary of State to determine."

I now understand that the Oregon Secretary of State does not determine the presidential candidates' eligibility, but I was wondering if it was established during that conversation who is responsible for doing this. Did the Attorney General's Dept. of Justice make a determination or offer an opinion on this matter? Again, any documentation available would be greatly appreciated. Thank you again for your answer - I wish that everyone were half as helpful as you.

Have a wonderful holiday season, and a fantastic 2009.

Sincerely,

Justin W. Riggs

------------
Dear Mr. Riggs,

I posed your additional question to our AG legal counsel and the onlyother advice received is that the national organizations of the major political parties are responsible for ensuring that they nominate only qualified candidates for the presidency. Thanks, Norma

Sincerely,

Norma Buckno
Compliance Specialist
Oregon Secretary of StateElections Division

A Former Democratic Party Committee Chairman

2008-12-11T17:09:00.001-07:00

I've had a hard time getting through to the national level of the Democratic so far, so today I decided to find a former chairman and pose my questions to him/her. The person I found was Terry McCauliffe. Here is the message I sent him:

-----------
Mr. McCauliffe,

I work for a small blog called www.yourfellowcitizen.com that is dedicated to answering the questions:

1) Who verifies that presidential candidates are eligible to hold the office they're running for?
2) When does the verification process take place? and
3) What evidence is provided by the candidate that allows a determination of eligibility to be made?

As a former Democratic National Committee Chairman, I was hoping you might be able to answer some of these questions for me and my audience.

In the 2008 Delegate Selection Plan it states:
1. Based on the right of the Democratic Party to freely assemble and to determine the
criteria for its candidates, it is determined that all candidates for the Democratic
nomination for President or Vice President shall:

a. be registered to vote, and shall have been registered to vote in the last
election for the office of President and Vice President; and

b. have demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair and will participate
in the Convention in good faith.

2. It is further determined that these requirements are in addition to the requirements
set forth by the United States Constitution and any law of the United States.

Obviously, if the party has requirements, I am sure they also have an enforcement mechanism in place to make sure those requirements are met. My reading of this particular clause leads me to believe that the candidate's qualifications must be verified sometime after he/she officially becomes a candidate (filing with the FEC?) and sometime before he/she is nominated. I say this because the above clause specifically says that "all candidates for the nomination shall" have met those requirements.

Any insights you might be able to offer into this process would be most appreciated. I thank you for your time, and for your consideration of my request.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Ohio Completed...

2008-12-11T17:05:00.002-07:00

I've been corresponding with Brandi Seskes for approximately a week now. Today wrapped up our correspondence, as I've obtained (or will obtain) all the documents I've requested from them. Here is Ms. Seskes final email to me:

Dear Mr. Riggs,

You have requested a copy of Form No. 1-A as filed by all presidential candidates appearing on the November 4, 2008 general election ballot. Form 1-A, if required, would have been filed on or before January 4, 2008 (60 days prior to the day of the primary election). All of the forms filed for the 2008 presidential primary election have been boxed up and sent to our off-site storage. I have requested that the boxes be delivered back to our elections department. Once we receive them, we will go through them and locate any 1-A forms.

Please note that only those presidential primary candidates who sought matching funds were required to file a form 1-A (or 1-B). Form 1-A is not a form that Barack Obama would have been required to file with this office (he did not seek matching funds).

In a previous email, you asked what was required of Barack Obama. I have attached the 2008 Ohio Presidential Guide, which is published by this office. Please see page 9 for an explanation of how a presidential candidate appears on the Democratic presidential primary ballot in Ohio.

I hope to email any form 1-As to you by next week.

Sincerely,
Brandi Laser Seskes
Elections Counsel,
Office of Ohio Secretary of State Jennifer Brunner

------------
I wish to thank the Ohio Secretary of State's office for their cooperation - I found them to be prompt and accomodating in my interaction with them.

Your Fellow CitizenS - A New Face!

2008-12-10T17:56:00.003-07:00

This morning I received a wonderful surprise when I was contacted by a gentleman from Virginia that goes by the name of Jim Congable. Here is what he wrote:

------------
Hi Justin,

I just wanted to thank you for your taking the time to deal with this issue in a level headed way. I am a believer, along with Leo Donofrio and others, that both Mr. McCain and Mr. Obama are ineligible for the office of POTUS due to their lack of being Natural Born Citizens. I am disappointed that the courts will not hear the evidence, at least not up until now. I think your approach to discovering the process that each state follows to qualify candidates is great beginning towards fixing the problem for future elections. Each state must have their legislators adjust the language in their election laws so that it will be the responsibility of the Secretary of State or some responsible Officer in the state, in a non partisan way, to absolutely verify and document the qualifications of all candidates that will appear on the ballot, local, state or federal.

I would like to help you in your mission to discover the current process that each state claims that they follow. Then the appropriate steps need to be found in each state to begin the process necessary to make the changes in each states election law. How can I help? I look forward to hearing from you and I wish you continued luck in your quest for the truth in defense of our Constitution.

Warm regards,

Jim Congable

------------
Now, those emphasized parts weren't emphasized in the original, but they sure were emphasized when I was reading them!! I immediately got back to Jim and gave him a boat-load of work to do, and now one has become two! I can't tell you how grateful I am to have someone to share the burden with. There is so much work to do...

While the name of the blog won't change, let it be known that from this point forward, Jim and I will be busily serving this country as Your Fellow Citizens!

SC Election Board

2008-12-10T17:02:00.003-07:00

I'm still trying to figure out how the election works in South Carolina, so I contacted Chris Whitmore, who works in the Secretary of State's office. Here's the rest of our correspondence (the first part can be found in earlier posts):

------------
Mr. Riggs,

Please see my responses in blue below.

Thanks,

Chris Whitmire
Public Information Officer
South Carolina State Election Commission
Post Office Box 5987Columbia, S.C. 29250
Tel: 803.734.9070
Fax: 803.734.9366

This message originates from the South Carolina State Election Commission. If you have received this message in error, we would appreciate it if you would immediately notify the South Carolina State Election Commission by sending a reply e-mail to the sender of this message. Thank you.

From: Justin Riggs [mailto:juriggs@yahoo.com]
Sent: Tuesday, December 09, 2008 2:41 PM
To: Whitmire, Chris
Subject: RE: Apologies - Questions about SC Election Law...

Mr. Whitmire,

Great! Thanks for your willingness to help. Here are my questions:

According to SECTION 7-13-40 of the South Carolina Election Code, "Political parties nominating candidates by party primary must verify the qualifications of those candidates prior to certification to the appropriate election commission of the names of candidates to be placed on primary ballots." (my emphasis) What exactly qualifies as "verifying the qualifications" of the candidate? For example, the Constitution states that an individual must a) be a natural-born citizen, b) be 35 years old, and c) be a resident of the United States for at least 14 years. What evidence would the state expect the political party to handle and observe before certifying the names of a Presidential candidate to the appropriate election commission?

7-13-40 does not apply to President. It applies to offices on June State Primary ballots (U.S. Senate down).

The statute then goes on to say that the written verification provided to the state must contain a statement certifying that the candidate certified meets the qualifications for office which he/she has filed for. I read this as a separate requirement from the one quoted above - is that correct?

7-13-40 does not apply to President. It applies to offices on June State Primary ballots (U.S. Senate down).

Finally, the Democrats 2008 Delegate Selection Plan states that: "No one may gain access to the South Carolina ballot unless he or she... is legally qualified to hold the office of President of the United States..." (my emphasis)

If no one can gain access to the ballot UNLESS he or she is qualified, doesn't that mean that SOMEBODY had to check the credentials of the candidates (and not just take their word for it) BEFORE placing them on the ballot?

This is political party rules issue. Your answer will likely come from the political party.

Over the past two weeks or so, I have spoken with Carol Fowler (head of the SC Democratic Party) several times, and she is on the record as saying that the only thing they did was have Mr. Obama sign a piece of paper stating that he is qualified. This "take my word for it" approach is troubling to me, as state law and the Democrat's own Delegate Selection Plan seem to call for a more positive, diligent approach to ensuring our candidates meet the qualifications for office.

This is political party rules issue. Your answer will likely come from the political party.

I hope you understand that I am not out to "get" any candidate. I have researched this issue in regards to John McCain, Roger Calero, and Barack Obama, each of whom have had their qualifications challenged at one point or another in this election cycle. I am not pro- or anti- any candidate; I am pro-Constitution. Indeed, as I told Ms. Fowler (when she expressed that nothing I did would disqualify Mr. Obama), my efforts could easily be seen as pro-Obama, because if SOMEBODY checked his credentials SOMEWHERE, then he has nothing to worry about. I would just like to know the WHO, the WHERE, and the WHAT EVIDENCE WAS REQUIRED so that I can know that my Constitution is being protected.

Sections 7-19-70 and 7-13-320 of the S.C. Code of Laws require the State Election Commission (SEC) to place the names of Presidential candidates on the ballot as they are certified to the SEC by their respective political parties. The SEC does not have the authority to examine or investigate the qualifications of Presidential candidates.

As you can see, these questions are somewhat legalistic in nature. If you don't feel comfortable answering them, I completely understand, but do request that you help me find the right person to talk to. I thank you for your time, as well as for your prompt response to my inquiry.

Sincerely Yours,
Your Fellow Citizen,
Justin W. Riggs
------------

As you can see, Mr. Whitmore was very courteous, professional, and helpful. I'm grateful for his assistance. It seems that I'm going to have to go back to the state party to ask more questions...

Republican National Committee's Lawyers

2008-12-09T19:11:00.002-07:00

I seem to be getting the best response to my letters when I write to lawyers, so I thought I would try the lawyers for the Republican National Committee. Here's what I wrote:

------------
Dear Sir/Madam,

I was recently forwared a copy of the Certificate of Nominations from the state of Maryland. The document is signed by John A. Boehner, Chairman of the 2008 Republican National Convention, and Jean A. Inman, Secretary of the same.

The document states, in part, "We do hereby certify that... the following person, meeting the constitutional requirements for the Office of President of the United States...w(as) nominated for (this) office to be filled at the ensuing general election...."

My question is this: What is the process for checking a presidential candidate's qualifications? Who is responsible for doing this? When is it done? What evidence is provided by the candidate that establishes eligibility? Clearly, some process took place - otherwise, it would impossible to certify him as an eligible candidate, would it not?

I am most grateful for your time and attention, and eagerly look forward to your response.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Obama's 'About the Issues'

2008-12-09T19:06:00.002-07:00

The Democratic National Committee has a link on their site where people can ask questions about "the issues" - so I asked mine:

------------
Dear Sir/Madam,

As you know both John McCain and Barack Obama have had their eligibility for office questioned during this election cycle.

My question is this: What is the process for checking a presidential candidate's qualifications? Who is responsible for doing this? When is it done? What evidence is provided by the candidate that establishes eligibility? Clearly, some process took place - otherwise, it would impossible to certify these candidates as eligible, would it not?
I am most grateful for your time and attention, and eagerly look forward to your response.

Sincerely, Your Fellow Citizen, Justin W. Riggs

Ohio

2008-12-09T19:01:00.002-07:00

An unidentified friend of mine has been having some trouble getting documents from the Ohio Secretary of State's office, so I offered to help out. We requested the documents we wanted, and luckily, were rewarded quickly. Unfortunately, the documents we requested were the wrong ones! Such is the life of an amateur document sleuth. Here is what Ms. Seskes said to my request:

------------
Dear Mr. Riggs,

You have requested a copy of form 3-A filed by all presidential candidates on the November 4, 2008 General Election ballot. We do not charge a fee for an electronic copy of a document.

Attached is a copy of form 3-A as filed by the following candidates:

Alan Keyes
Brian P. Moore
Chuck Baldwin

Please note that these are the only form 3-As filed by presidential candidates on the ballot for the November 4, 2008 General Election.

Sincerely,
Brandi Laser Seskes
Elections Counsel,
Office of Ohio Secretary of State Jennifer Brunner

------------
I wrote back to Ms. Seskes and asked her for guidance as to which form I ought to request, and will see what she has to say. I do have a list of about 70 forms I could request, but I'd hate to have to request one copy of each!

Maryland's Certificate of Nominations

2008-12-09T18:54:00.002-07:00

Recently, I was sent a copy of a Certificate of Nominations from Maryland. This is the document the Republicans provided to certify that John McCain had been nominated at their convention. It is signed by two party officials, and states that McCain is eligible for the office of President. I found this very interesting, and a letter to one of those who had signed their name : Jean Inman, Secretary of the Republican National Committee:

------------
Ms. Inman,

I was recently sent a copy of a Certificate of Nominations from the state of Maryland that bears your signature. The reason that I am writing you is that I am trying to determine who makes sure our Presidential candidates are qualified to hold office, and the document you signed states:

"We do hereby certify that... the following person, meeting the constitutional requirements for the Office of President of the United States... w(as) nominated for such office to be filled at the ensuing general election...."

My question for you is this: As someone who certified John McCain as Constitutionally eligible to hold the office of President, what evidence was presented to you that allowed you to make such a determination? I ask, of course, because there has been much discussion about Mr. McCain and Mr. Obama's qualifications during this election cylce - and you are the first person I've seen that actually certified a candidate as constitutionally eligible - so I believe you might possess the information I'm looking for.

I thank you for your time, and for your service to our country. I am sorry that things didn't work out for your candidate this year, but I am certain the Republicans have a bright future in store.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Maryland

2008-12-08T18:51:00.003-07:00

I've been looking for a law like this for quite awhile. Maryland's Election Code states that a person can only become a candidate only if the individual fulfills the qualifications... I sent a letter to the office of Maryland's Secretary of State, seeing if someone could give me some clarification on the statute:

------------
Ms. Elson,

I'm not sure if I've got the right person for this request, but perhaps you could point me in the right direction if I've wandered off the path.

According to § 5-201 of the Code of Maryland,

"An individual may become a candidate for a public or party office only if the individual satisfies the qualifications for that office established by law and, in the case of a party office, by party constitution or bylaws.

My question is this: if a candidate can "only" become a candidate if he/she satisfies the qualifications for that office, then who makes sure that people who don't satisfy the requirements don't become candidates? In other words, who has the responsibility to determine whether an individual “satisfies the qualifications for that office”?

I appreciate any help you can provide on this matter. Thank you for your time, and I look forward to your response.

Your Fellow Citizen,

Justin W. Riggs

Thank you to South Carolina

2008-12-08T18:34:00.002-07:00

Today I received the document that Carol Fowler had promised me. It is signed by Barack Obama, and states that he is eligible to hold the office of President. It will be posted at http://www.therightsideoflife.com no later than tomorrow evening - probably sometime before noon, if I can get it scanned in the morning.

I just wanted to thank Ms. Fowler for keeping her word. I greatly appreciate it.

Indiana Makes a Mistake?!?

2008-12-08T18:32:00.000-07:00

To Whom it May Concern:

It appears that the Indiana Code might have the wrong Clause of the United States Constitution in IC 3-8-1-6. That statute now reads:

IC 3-8-1-6
President or Vice President
Sec. 6. (a) A candidate for the office of President or Vice
President of the United States must have the qualifications provided
in Article 2, Section 1, clause 4 of the Constitution of the United
States.

The requirements for Presidential candidates are found in Clause 5 of Article 2, Section 1.

I thank you for your attention to this matter.

Your Fellow Citizen,

Justin W. Riggs

New Hampshire

2008-12-08T18:29:00.002-07:00

New Hampshire has a requirement that all candidates file a Declaration of Candidacy that states that they meet the requirements of the office. I wrote the Secretary of State's office to see if they might be willing to let me have a copy:

RECORDS REQUEST
Dear Records Request Officer:
According to the New Hampshire Code, Presidential candidates are required to file a Declaration of Intent and a Declaration of Candidacy (see below for relevant statutes).Pursuant to the state open records act, I request access to and copies of these documents for all major-party (i.e. Democrat and Republican) presidential candidates on the November 4, 2008 General Election ballot.
Because this request is for public, non-commercial use, I request that any fee be waived. If a fee is required, please contact me at this email address (juriggs@yahoo.com) with the amount, at which time I will decide to pursue or cancel my request.
If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I would also remind you that the act stipulates that you respond to this request in a timely fashion. I request that the document be mailed either electronically (a scan of the document is sufficient) or through the postal service, no later than noon, December 10th. If this is not possible, please contact me at this email address (juriggs@yahoo.com) with a time and a date by which I can expect to receive the document.
Thank you for your assistance in this matter.
Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Relevant Statues from NH Code

655:17-b Declaration of Intent; Presidential and Vice-Presidential Candidates Who File Nomination Papers.
II. I, ________ declare that I am domiciled in the city (or town or unincorporated place) of _______, county of , state of ______________, and am a qualified voter therein; that I intend to be a candidate for the office of to be chosen at the general election to be held on the day of ; and I intend to file nomination papers by the deadline established under RSA 655:43. I further declare that, if qualified as a candidate for said office, I shall not withdraw; and that, if elected, I shall be qualified for and shall assume the duties of said office.
Presidential Nominations

655:47 Declaration of Candidacy; Filing Period.
I. The names of any persons to be voted upon as candidates for president and vice-president at the presidential primary shall be printed on the ballots upon the filing of declarations of candidacy with the secretary of state in the following form and signed by the candidate:

I, , declare that I am domiciled in , in the city (or town or unincorporated place) of , county of , state of , and meet the qualifications for the office for which I am a candidate; that I am a registered member of the party; that I am a candidate for nomination for the office of to be made at the primary election to be held on the day of ; and I hereby request that my name be printed on the official primary ballot of said party as a candidate for such nomination.

Interesting Arkansas Law...

2008-12-08T18:25:00.002-07:00

I found a very interesting law in the Code of Arkansas, and wanted to ask the Democratic Party Secretary about it. Here's the email I sent:

Ms. Binns,

According to 7-7-301.Party pledges and party filing fees of the Arkansas Code,
"(b)(1)Before the name of any person shall appear on the primary ballot of a political party as a candidate for any local, state, or federal office, the secretary of the county committee or the secretary of the state committee, as the case may be, of the political party must make an affirmative determination that the person complies with the eligibility requirements of the office."

As you know, the qualification requirements for the office of President are set out in Article II, Section I of the United States Constitution. In addition to these requirements, the Democratic Party has additional requirements that must be met by the candidate (2008 Delegate Selection Plan).

At this time, I am requesting that you provide me with a short description of the steps you took as you made an "affirmative determination" that Barack Obama and John McCain comply with the eligibility requirements of the office of President of the United States. I am also requesting a list and copies of any and all documents you reviewed as part of your process for determining that the candidates were eligible.

I thank you for your cooperation in this matter, as well as for your time and attention.

Sincerely,
Your Fellow Citizen,
Justin

District of Columbia

2008-12-08T18:22:00.002-07:00

I have to give the District of Columbia Board of Elections credit. They were fantastic to work with. They responded promptly to my messages, found the documents I was requesting, and even went out of their way to scan the documents so that they could be faxed to me.

Unfortunately, the documents I got didn't have any relevant information on them. It doesn't seem DC has any real way of checking the candidates' qualifications.

A National Clearinghouse for Election Information?

2008-12-06T20:39:00.003-07:00

Tonight I stumbled across a federal organization that goes by the name of "Election Assistance Commission". On their website, it states that one of their functions is to act as a source of information regarding election administration.

Well, if anybody needs some assistance right now, it would be me. So I wrote them:

According to your website,

"EAC is an independent, bipartisan commission charged with... serving as a national clearinghouse of information about election administration." I was hoping you might be able to help me answer a question about one of the processes that takes place during the Presidential elections.

As you know, the Constitution has requirements regarding qualifications for the Presidency. My question is this: Who has the legal responsibility for checking the candidate's qualifications, and ensuring that the candidate will be able to hold the office should they be elected?

I've contacted all kinds of people, and no one seems to have a definitive answer. The state's say they(sic) federal government oversees it, the federal government says to contact my state government, a Senator said that it's my job as a voter to ensure that the candidate is qualified, and a couple of party chairs said they just have the candidate sign a piece of paper stating that their eligible - kind of a "take my word for it" approach.

If you could help me track down the answer to this question, I would be extremely grateful. As a (now) concerned citizen, it is important for me to know that somebody, somewhere is ensuring that our Presidential candidates are qualified to assume the office should they be elected.

Respectfully Yours,
Your Fellow Citizen,
Justin W. Riggs

Senator Ken Salazar

2008-12-05T22:36:00.004-07:00

I sent almost the same letter to Sen. Salazar as I did to Congressman Tancredo - substantively, it's exactly the same message. Sen. Allard, the other Senator who represents me, is no longer taking email communications, as he is retiring at the end of this term. Here is the letter...

------------
Sen. Salazar,

Approximately a month ago, I began one of the most interesting journeys I've ever taken. After becoming aware of concerns surrounding Barack Obama's qualifications to be President, and then learning that John McCain had faced similar concerns, I decided to find out for myself who it is that is responsible for ensuring our Presidential candidates possess the qualifications necessary to hold office. I assumed it would be a short, easy journey - but it hasn't turned out that way.

After a month of laborious research (which you can view at http://www.yourfellowcitizen.com/), I am no closer now to answering my questions than I was when I started seeking their answers. To add insult to injury, the questions are deceptively simple: Who checks to make sure that our Presidential candidates are eligible to hold the office that they seek? When does the certification process take place? and What evidence is required of the candidate as prima facie proof that he/she meets the requirements set out in our Constitution?

I have focused my research efforts on the state level, but today, I received two responses from very different sources that encouraged me to contact my federal representatives. The first came from NARA, in which they stated:

"As the law currently stands, Congress has not given NARA the authority to vet candidates' qualifications. You can contact your Congressional representatives regarding federal oversight of the qualification process...."

I was also told by Carol Fowler, Chair of the SC Democratic Party that:

"I can tell you that presidential qualifications are a federal, not state, issue."

My request is this: Could you or one of your staff help me obtain an answer to these pressing questions? Again, I am wondering:

1) Who is, by law, given the authority and responsibility to check our Presidential candidates' qualifications and certify that they are indeed eligible to hold the office of President?

2) When does the certification process take place, and on what day(s) were this year's candidates certified?

3) What evidence must the candidate provide to establish their eligibility?
I thank you in advance for considering my request. I know that you and your staff must be busy during this holiday season. I hope that the burden I propose to impose upon you is not too heavy, considering the gravity of the situation.

I eagerly await your response, and thank you again for your time.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Representative Tancredo

2008-12-05T22:24:00.003-07:00

Congressman Tancredo represents the Sixth District of Colorado. Here is the letter I sent he and his staff:

------------
Rep. Tancredo,

Approximately a month ago, I began one of the most interesting journeys I've ever taken. After becoming aware of concerns surrounding Barack Obama's qualifications to be President, and then learning that John McCain had faced similar concerns, I decided to find out for myself who is responsible for ensuring our Presidential candidates possess the qualifications necessary to hold office. I assumed it would be a short, easy journey - but it hasn't turned out that way.

After a month, I am no closer now than I was when I started to answering my questions: Who checks to make sure that our Presidential candidates are eligible to hold the office that they seek? When does the certification process take place? and What evidence is required of the candidate as prima facie proof that he/she meets the requirements set out in our Constitution?

I have focused my research efforts on the state level, but today, I received two responses that encouraged me to contact my federal representatives. The first came from NARA, in which they stated:

"As the law currently stands, Congress has not given NARA the authority to vet candidates' qualifications. You can contact your Congressional representatives regarding federal oversight of the qualification process...."

I was also told by Carol Fowler, Chair of the SC Democratic Party that:

"I can tell you that presidential qualifications are a federal, not state, issue."

My request is this: Could you or one of your staff help me obtain an answer to these pressing questions? Again, I am wondering:

1) Who is, by law, given the authority and responsibility to check our Presidential candidates' qualifications and certify that they are eligible to hold the office of President?

2) When does the certification process take place, and on what day(s) were this year's candidates certified?

3) What evidence must the candidate provide to establish their eligibility.(sic)

I thank you in advance for considering my request. I know that you and your staff must certainly be busy during this holiday season. I hope that the burden I propose to impose upon you is not too heavy, considering the gravity of the situation.

I eagerly await your response, and thank you again for your time.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

My Congressional Representatives

2008-12-05T22:00:00.003-07:00

In my previous post, the following sentences grabbed my attention...

"As the law currently stands, Congress has not given NARA the authority to vet candidates' qualifications. You can contact your Congressional representatives regarding federal oversight of the qualification process...."

It was especially interesting, because earlier today Carol Fowler, Chair of the SC Democratic Party, had told me,

"... I can tell you that presidential qualifications are a federal, not state, issue."

Is this true? Have I been looking at the wrong level of government? I decided to find out.

I should note that I have looked into the United States Code, and there is precious little having to do with the President in general, and nearly nothing on elections. I have seen the FEC's response to inquiries, chased an imaginary federal document (that turned out to be the District of Columbia's) regarding Presidential eligibility, and done what I consider to be a fair amount of research into this topic. But I have refrained from contacting my congressional representatives, because I feel that it's important not to burden our leadership with frivolous concerns.

Having received these two witnesses that the qualification process may take place at the federal level, however, I now feel prepared to write my representatives, and seek their aid in helping me answer these simple questions.

A Better Explanation From the Electoral College

2008-12-05T21:54:00.002-07:00

My unnamed source came through again, and sent me the following message from National Archives and Records Administration - the organization in charge of making sure the Electoral College process runs smoothly.

The message has been severely edited, but I have left all of the pertinent information as it relates to my search.

------------
From: Electoral College electoral_college@nara.gov
(redacted)
Date: Friday, December 5, 2008, 1:20 PM

The National Archives and Records Administration (NARA) does not have the legal authority to research a candidate's qualifications. Under Title 3 of United States Code, the NARA ensures the facial sufficiency of the Certificates of Ascertainment and the Certificates of Vote. We verify that all the information required to be included on the Certificates is included and we ensure they are received on or before the legally mandated deadlines. We also control the integrity of the Certificates by limiting the number of people handling the documents. NARA has not been delegated the authority either by a Constitutional Amendment or from Congress to verify that a presidential candidate qualifies to become President.

NARA is responsible for transmitting two of the original Certificates of Ascertainment to the House and Senate and making one original available for public inspection at the Federal Register.
NARA ensures that all 538 electoral votes are accounted for on the Certificates of Vote and are delivered to the Congress to be unsealed and counted on the date of the official tally (January 8, 2009).

After one year the Certificates of Ascertainment and the Certificates of Vote are placed in the permanent custody of NARA where they serve as an enduring testimonial to the strength and resilience of our political system.

The process of qualifying for the election and having a candidate's name put on the ballot varies from state to state....

As the law currently stands, Congress has not given NARA the authority to vet candidates' qualifications. You can contact your Congressional representatives regarding federal oversight of the qualification process....

------------

The Complete Correspondence With South Carolina

2008-12-05T19:01:00.005-07:00

Today, Ms. Carol Fowler made good on her promise to fax me the document that she signed, certifying to the state that Mr. Obama is eligible to hold the office of President. I don't yet have the document in my possession, but I expect to have it either tomorrow or Monday. At that time, I will scan it and have it posted on http://www.therightsideoflife.com. In the meantime, I am posting the entire correspondence between Ms. Fowler and I.

I would be remiss if I didn't thank the fine lady for honoring her word; particularly when it seems that she might feel that I am out to undermine her and her candidate. I respect her integrity in this matter, and thank her sincerely.

------------

From: Justin Riggs [mailto:juriggs@yahoo.com]
Sent: Saturday, November 29, 2008 12:07 PM
To: Carol Fowler
Subject: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*

Chairwoman Fowler,

According to a document from you to the South Carolina Election Commission dated August 14, 2008, you stated that:

"In accordance with South Carolina Code of Laws 7-13-350 and 7-11-15, as amended, the South Carolina Democratic Party is pleased to submit our list of Democratic candidates for the 2008 general election ballot.

The South Carolina Democratic Party certifies that each candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office for which he/she has filed.

If you have any questions, please do not hesitate to contact our office at 803-799-7798."

Instead of contacting your office by phone, I thought email might be more convenient. I have three questions that I hope you might be able to answer for me:

1) What individual or group of individuals was legally responsible for certifying that Barack Obama was and is eligible to hold the office of President?

2) Will you please provide a detailed chronology of the certification process, including the date and time that the final determination to certify was made?

3) Will you please provide a complete list of all documentary evidence that was required from then-Senator Obama by your office in regards to the certification process?

If for any reason you cannot provide some or all of the information I have requested, please provide specific and detailed reasoning as to why that information was not or may not be released to the public.

I respectfully request that a written response be sent to this email address (juriggs@yahoo.com) no later than 12:00 pm, Thursday December the 4th, and thank you for your time and attention to this matter.

Your Fellow Citizen,

Justin W. Riggs

------------

From: Carol Fowler <cfowler@SCDP.ORG>
Subject: RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
To: juriggs@yahoo.com
Date: Monday, December 1, 2008, 8:15 AM

Where in SC are you?

------------

From: Justin Riggs [mailto:juriggs@yahoo.com] Sent: Monday, December 01, 2008 11:33 AMTo: Carol FowlerSubject: RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*

Ms. Fowler,

Thank you very much for your prompt reply to my message. I sincerely appreciate it.

I'm not located in South Carolina. I am from Denver, CO. I've been researching the issue of how Presidential candidates get certified as eligible since I learned that both John McCain and Barack Obama had their qualifications questioned during this latest campaign. This is non-partisan, personal research that I'm conducting.

During my research, I've contacted electors, government officials, and party representatives (from both major political parties) from several states, and not had any problem in having documents released to me. In this case, do I need to find a proxy from South Carolina to make the request for me? I'd be happy to do so, if need be.

Again, I thank you for your prompt reply, and look forward to meeting whatever requirements need to be met in order to receive the documents I've requested.

Your Fellow Citizen,

Justin W. Riggs

------------

From: Carol Fowler <cfowler@SCDP.ORG>
Subject: RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
To: juriggs@yahoo.com
Date: Monday, December 1, 2008, 9:33 AM

The only documentation our state law requires is that the candidate (for any office) certify to the party that he or she meets the requirements of the office.

------------

From: Justin Riggs [mailto:juriggs@yahoo.com]
Sent: Monday, December 01, 2008 12:33 PM
To: Carol Fowler
Subject: Spam:RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*

Interesting! Could I have you send me an electronic copy of the document where President-Elect Obama certified to you that he meets the requirements of the office?

Thanks again - I appreciate you taking the time to help.

Justin

------------

From: Carol Fowler <cfowler@SCDP.ORG>
Subject: RE: Spam:RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
To: juriggs@yahoo.com
Date: Monday, December 1, 2008, 2:23 PM

I can fax it to you when I get a chance. What's the number?

------------

From: Justin Riggs [mailto:juriggs@yahoo.com]
Sent: Monday, December 01, 2008 9:15 PM
To: Carol Fowler
Subject: RE: Spam:RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*

Ms. Fowler,

I'm sorry it took me awhile to get back to you. I had to track down a fax machine that could accept a fax without me standing right next to it.

Here's the number you can fax the document(s) to: (303) 873-6101. Just put it to my attention. I understand that you must be very busy, but I request that you please try to fax it by the close of business on December 2nd.. Please let me know if that doesn't fit with your schedule.

I don't want you to feel like I'm backing you into a corner, but I'm also interested in getting answers to the original questions I asked. In particular, I'd like to know who in your office has the legal responsibility for certifying the candidates. I simply haven't been able to answer this question up to this point, but certainly someone carries the responsibility.

One last thing (I hope). Could you provide me with a reference to the state law that you referred to earlier in our conversation? You said:

"The only documentation our state law requires is that the candidate (for any office) certify to the party that he or she meets the requirements of the office."
If you could provide me the statute number, it would save me a great deal of time.

Once again, thank you for your help.

Your Fellow Citizen,

Justin W. Riggs

------------

Ms. Fowler,

To the best of my knowledge, the document you have promised to fax me has not yet arrived. At the very least, could you please provide me a timeline as to when I can expect to see it? Ideally, I would request that you provide it to me by the end of business today.

Thank you for your attention to this matter...

Your Fellow Citizen,

Justin W. Riggs

------------

From: Carol Fowler <cfowler@SCDP.ORG>
Subject: RE: Spam:RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
To: juriggs@yahoo.com
Date: Friday, December 5, 2008, 12:50 PM

I will fax it in a few minutes.

I have legal responsibility for certifying candidates to the state for inclusion on the ballot. You will have to research the law yourself, as I don't have time to do that. But I can tell you that presidential qualifications are a federal, not state, issue. Nothing in SC law, whether or not it was followed in this case (which it was) will disqualify Barack Obama.

------------

Wonderful.

Thank you very much. I certainly don't expect you to research the law for me! I'm becoming fairly proficient at that myself, so I'll do it when I get some free time.

You say that "presidential qualifications are a federal, not a state, issue". I have no reason not to believe you. Since you seem to possess some knowledge on the subject, could you point me towards whom in the federal government might be responsible for checking Presidential candidates' qualifications? That would be a GREAT help.

Finally, I am very sorry that you believe that I am out to disqualify Barack Obama. That is NOT my inent. While I was drawn to this issue because of the questions surrounding Mr. Obama's eligibility, I am neither pro nor anti-Obama. I am an unaffiliated voter who is decidedly pro-Constitution, and I am gravely concerned in that it appears our Presidential candidates are not having their qualifications checked against those those our Constitution lays out for them. The MINUTE I have an answer to these questions:

a) WHO is responsible for ensuring that our Presidential candidates meet the Constitutional requirements for holding office?

b) WHEN does the certification process take place? and

c) WHAT EVIDENCE is provided by the candidate to the official responsible for certification, so that the certifier can declare the candidate eligible in good faith?

then I will disappear back into the ether, content that my Constitution has been followed. Until then, I'm afraid I can't rest easy - and I would hope, neither can you.

As for Mr. Obama, I have NO reason to believe that he is not eligible. Serious allegations have been leveled at him, but my efforts could equally be seen as PRO-Obama. After all, if he was properly certified, then SOMEBODY certified him SOMEWHERE, and EVIDENCE exists that he meets the qualifications set out in the Constitution. I'm just trying to locate that information.

I thank you again for your cooperation. If you come across any further information that you feel may help me answer my questions, I would greatly appreciate it if you would forward that information on to me through this email address.

All my best to you and yours during this wonderful holiday season...

Respectfully Yours,

Your Fellow Citizen,

Justin W. Riggs

Two Great Resources

2008-12-04T22:28:00.002-07:00

Today I found two phenomenal resources for people interested in doing the kind of research I've been doing. The first is a wiki page that is tracking all the Secretaries of State responses on questions regarding the certification of Presidential candidates. After adding the data that I've accumulated, they now have answers for half of the states. Depending on time restraints, I may copy the states that I don't have into this blog, for easy reference. The page can be found at:

http://saveourrights.wikia.com/wiki/Vetting_Candidates

The second resource is even more amazing, in my opinion. I have spent hours looking for websites, names, and law resources regarding this topic. Little did I know, I could just go to:

http://www.ncsconline.org/wc/CourTopics/StateLinks.asp?id=26

This site has direct links to each state's elections division (sometimes housed within the Secretary of State's office), as well as direct access to each states election law. This will be my first stop each day from here on forward. Hopefully, you'll find it useful as well.

Colorado Democratic Party - Working Towards An Answer

2008-12-04T21:29:00.007-07:00

Today, I decided to refocus on my home state of Colorado. I once again contacted party representatives with the following letter:

Chairwoman Waak,

Under Section VI of the Colorado 2008 Delegate Selection Plan, it states:

5. The Democratic Party in Colorado should publicize fully and in such a manner as to assure notice to all interested parties a full description of the legal and practical procedures for selection of Democratic Party officers and representatives on all levels.

As an interested party, I request a full description of the legal and practical procedures for selection of the Democratic Party Presidential candidate.

The same document also states:

6. The Democratic Party in Colorado should publicize fully and in such a manner as to assure notice to all interested parties, a complete description of the legal and practical qualifications of all positions as officers and representatives of the State Democratic Party.

Again, as an interested party, I request a complete description of the legal and practical qualifications for the office of President of the United States of America.

In addition, I request a complete description of policies and procedures followed by the Colorado State Democratic Party in relation to the certification of the party's Presidential candidate's qualifications to hold office, including a complete list of all documents required from the candidate in order to determine eligibility.

I thank you for time, and look forward to your prompt response. Please note that I have copied several of your staff members on this email, so that a timely response might be offered more easily.

Sincerely,

Your Fellow Citizen,

Justin W. Riggs

------------

The first person to respond (I had cc'd several individuals) was Butch Hicks, Treasurer of the party. He wrote:

Isn't this on the web site ?

------------

I responded:

Mr. Hicks,

Thank you for the prompt reply! If it is on the website, I haven't been able to locate it - and believe me, I've looked. Could you point me to where on the website you think this information might be? And thanks again for the quick response - Blackberries are a wonderful thing.

Justin

------------
As of yet, I haven't seen a reply.

Later in the day, I was pleasantly surprised to see an email from Patricia Waak, Chairwoman of the Colorado Democratic Party. Her response was:

------------
Mr. Riggs

The rules of the Colorado Democratic Party are on our website at www.coloradodems.org.

Pat Waak
------------
I responded:

Ms. Waak,

Thank you for your timely reply. I'm aware of the Colorado Rules, and have reviewed them thoroughly, but none of the information I am seeking is available in those documents. Am I to understand that there are no "legal and practical procedures" for selecting the Democratic Presidential candidate? And that there are no "legal and practical qualifications" that the Democratic Presidential Candidate must meet in order to receive the nomination and certification of eligibility of the party?

I only ask because the Secretary of the State's office has informed me that the legal responsibility for checking the Presidential candidates qualifications lies with the candidate's party. They did not specify whether that meant the state or the national party. I am, as I mentioned in my earlier message, interested in understanding how your presidential candidates qualifications for the office are determined - what evidence is presented, to whom is it presented, when and where was it presented, who has the final authority for declaring the candidate as eligible, etc.

If you could be of assistance in this matter, I would greatly appreciate it. If the information I am seeking can be found on your website, please point me to the page and document to search - I tried to search the site as thoroughly as possible, but might have missed what I was looking for. Please note that my request is time sensitive, and I therefore request a timely response - although I do not expect a response as timely as the last one!

With Warm Regards,

Justin

-------------
I hope to hear back from Ms. Waak in the near future.

Review and Comment Meeting

2008-12-04T14:42:00.003-07:00

The Secretary of State's office has contacted myself and the other individual behind this petition (two are required - I am protecting the privacy of the other individual until I receive permission to use his/her name), and we have scheduled a review and comment meeting to be held Thursday, December 18th at 3:30 pm.

The purpose of the Review and Comment meeting, according to the Steps for Placing an Initiated Proposal on the Statewide Ballot document, is to:

1) review wording of an initiative with the proponents so that the initiative accomplishes the proponents' intent and

2) give the public notice that a proposal on a given topic is under consideration.

Before the meeting, staff from the SoS' office will prepare written suggestions for my initiative, and provide them to me so that I can come to the meeting prepared. I can use the suggestions I am provided, but only if I wish to do so.

------------
Right now, I have the feeling I've opened a can of worms - I'm not going to be able to close the lid on this until I either succeed in getting the initiative onto the ballot or fail to do so.

Proposed Ballot Initiative

2008-12-04T11:57:00.005-07:00

I feel that I've done enough research to see that there's a glaring weakness in our current system for making sure Presidential candidates are qualified to hold office: there are no checks or balances. Accordingly, I've decided to submit a proposed ballot initiative to the Secretary of State's office. Here is the text to the proposal I submitted:

Submission of Proposal for Review and Comment

Justin W. Riggs
5255 S. Grant St.
Littleton, CO 80121
juriggs@yahoo.com
(redacted)

(redacted for privacy)

Statement of Intent:

An email communication from the office of the Secretary of the State of Colorado states:

“Dear Concerned Voter: The Colorado Secretary of State's office, has received numerous calls and emails inquiring into the procedures undertaken to ensure that presidential candidates are qualified to be placed on the ballot. This email is intended to answer your questions regarding the qualifications of candidates for the office of President of the United States.

First, please understand that, 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.

Any questions regarding the qualifications of a presidential candidate should be directed to the parties, who are the certifying entities in this case....

In sum, please direct any inquiries regarding the qualifications of candidates to the respective parties....

Thank you for contacting the Secretary of State's office.”

Placing the responsibility for certifying a Presidential candidate upon the party that nominated the candidate seems to create an inherent conflict of interest. While the purpose of this initiative is not to wrestle away the party’s legal responsibility, it is to provide a check and a balance upon the party by requiring the designated election official of the State of Colorado to also verify the eligibility of Presidential candidates before placing them on the ballot. The following ballot initiative is therefore proposed.

Be it Enacted by the People of the State of Colorado:

Section 501 of Title 1, Article 4, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

(1.5) No person except an eligible elector is eligible to be a designee or candidate for the office of President of the United States of America unless that person fully meets the qualifications of that office as stated in the Constitution of the United States of America on or before the date the term of that office begins. The designated election official shall not certify the name of any designee or candidate who fails to swear or affirm under oath that he or she fully meets the qualifications of the office by signing an Affidavit of Eligibility, and who is unable to provide proof that he or she meets any requirements of the office relating to citizenship status, age, or residency. Documents accepted as prima facie evidence of compliance with this section shall be determined by the designated official, and shall include but not be limited to: original birth records, official passports, and relevant background check forms. Fascimiles of all documents submitted by designees or candidates shall be published by the office of the Secretary of the State and made available for public review no less than 90 days prior to the general election.

------------
Step 2 is a Review and Comment Meeting. I'll let you know what I hear back.

A Lot of Help From My Friends

2008-12-03T22:36:00.001-07:00

Today, I received two very nice surprises from people that I've never met. One, a compliment, and the other, a bevy of information. I won't share the compliment, but the information will comprise my next several posts. I've heavily edited these posts, in order to protect the identity of my "friend". I have, however, tried to maintain the integrity of the responses. The point in publishing these responses here is to document what the government officials have said in regards to requests for documentation regarding the qualifications of Presidential candidates.

Without further ado, then...

South Carolina

2008-12-03T22:32:00.003-07:00

We may have already covered this, but for completeness sake...

------------
Section 7-11-20(2) of the South Carolina Code of Laws states in part that ..."Political parties must verify the qualifications of candidates prior to certifying to the State Election Commission the names of candidates to be placed on primary ballots. The written certification required by this section must contain a statement that each certified candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications in the United States Constitution, statutory law, and party rules to participate in the presidential preference primary for which he has filed. Political parties must not certify any candidate who does not or will not by the time of the general election meet the qualifications in the United States Constitution, statutory law, and party rules for the presidential preference primary for which the candidate desires to file, and such candidate's name must not be placed on a primary ballot."

Neither the South Carolina Secretary of State nor the State Election Commission has the authority to examine or investigate the qualifications of Presidential candidates.

Again, the South Carolina Code of Laws states that political parties are responsible for verifying that their candidates meet the qualifications for the office in which they seek.

Reneé S. Daggerhart
Media Relations Director
South Carolina Secretary of State's Office
(803) 734-0629 Office
(803) 734-1661 Fax

Michigan (edited particularly heavily)

2008-12-03T22:30:00.001-07:00

The Department of State (Department) acknowledges receipt of your e-mail message sent November 25, 2008, in which you made a request for public records pursuant to the Michigan Freedom of Information Act (FOIA or Act), 1976 PA 442, MCL 15.231 et seq. This notice is issued in response to your request, a copy of which is attached below and incorporated herein.

You requested...

Please be advised that your request is denied. In accordance with section 5(4)(b) of the FOIA, I certify to the best of my knowledge, information, and belief that the Department does not possess public records matching the description you have provided, or existing under other names that are reasonably known to the Department. Please be advised that the Michigan Election Law, 1954 PA 116, MCL 168.1 et seq., requires the state central committee of each political party qualified to appear on the ballot to certify the names of its nominees for U.S. President and Vice-President to the Secretary of State under the signatures of the chairperson and secretary of the committee. MCL 168.686...

Montana

2008-12-03T22:26:00.001-07:00

Thanks for your inquiry about Barack Obama's eligibility to be on Montana 's ballot as a candidate for President of the United States .

The filing functions of this office are ministerial -- in other words, we accept paperwork filed here in the manner prescribed by Montana law. Those laws for placing "presidential candidates" on the ballot work differently than you might expect. Technically, votes for President are cast for a slate of three delegates to the Electoral College, not for a candidate. However, those delegates are pledged to vote for a particular candidate, and the name of that candidate is listed on the ballot, rather than the names of the delegates. Every qualified political party in Montana has the right to submit the names of potential delegates to the Electoral College, and to have those delegates pledged to any individual as the candidate they would vote for President if they were elected to the Electoral College.

So Barack Obama would not have to provide a birth certificate or any other documentation to be on Montana 's ballot as a candidate for President. In fact, he would not even get a say in the matter. Once delegates of a qualified political party are nominated and pledged to him, he is on the ballot without regard to his personal acceptance or rejection of those votes.

The requirements of the U.S. Constitution, Article II, Section 2 (No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States) would be settled at the federal level.

Shannon H. Stevens
Legislative Specialist
Elections Division
Office of the Montana Secretary of State
(406) 444-4732

Ohio

2008-12-03T22:25:00.002-07:00

In Ohio, public records are governed by Ohio Revised Code §149.43, often referred to as the Public Records Act ("PRA"). The PRA does not require a response within any particular period of time. Instead, the PRA requires a public office to respond within a reasonable period of time, or, alternatively, to permit prompt in-person inspection of records.

Requestors under the PRA must be specific in the substance of their requests. Public offices in Ohio are under no obligation to provide information or to research its records to find any record containing selected information that is of interest to a requestor.

The PRA provides that a requestor has a duty to "identify the records * * * wanted with sufficient clarity." State ex rel. Dillery v. Icsman (2001), 92 Ohio St.3d 312, 314. A request for public records "* * * must be specific and particularly describe what [records are] being sought." State ex rel. Zauderer v. Joseph (1989), 62 Ohio App. 3d 752, 756. Requests that do not meet these requirements are generally considered overly broad or improper.

Your first request, for an original birth certificate for President-Elect Obama, is sufficiently precise to allow us to identify the record you seek. However, you have not identified a record that this office maintains. As such, we cannot provide it to you.

Your second and third requests are overbroad. You have not identified any record with particularity so that we may identify the record you seek. You have simply asked this office to search its records to identify any document that may contain the information you seek. This office is not obligated by law to do so.

Finally, to the extent that you have left your request as an open-ended request for any and all records that may contain the information you seek (". . . including but not limited to . . .."), your request is overbroad and improper under Ohio law. Your request must identify with specificity and particularity the record(s) you seek.

If you can provide this office with a more specific request identifying the particular records you seek, we will be happy to advise whether we have such records in our custody, and if so, to provide a copy of those records to you.

If you have additional questions, please do not hesitate to contact our office.

Sincerely,
Brandi Laser Seskes
Elections Counsel,
Office of Ohio Secretary of State Jennifer Brunner

------------
I think I might try to come up with a more specific request for them. We'll see if there's anything relevant that I can request.

Texas

2008-12-03T22:21:00.004-07:00

From: Barbara Strain <http://us.mc448.mail.yahoo.com/mc/compose?to=BStrain@sos.state.tx.us>
(redacted)
Subject: FW: Request on Election Fraud Information and required action (BS)
Date: Wednesday, November 26, 2008, 9:24 AM

This question is outside the purview of the Office of the Secretary of State. We have no documents that are responsive to your request. We regret that we cannot be of assistance.

Elections Division
Office of the Texas Secretary of State

(My "friend" reports that the (BS) was added to his Subject. Needless to say, this individual did not find the addition amusing.)

Idaho

2008-12-03T22:18:00.003-07:00

...our Secretary has made it clear that he considers this matter to be something that will be decided on the federal level and, especially for Idaho considering that Mr. Obama did not win here, that we do not have any standing in the matter...

Patricia Herman
Webmaster
Idaho Secretary of State's Office
450 N 4th Street
Boise ID 83720
(208) 332-2828 voice
(208) 334-2847 fax
http://www.sos.idaho.gov/

(Why a Webmaster is responding to a question such as this is beyond me...)

Rhode Island

2008-12-03T22:17:00.001-07:00

I am forwarding you this letter in my capacity as Executive Counsel to Secretary of State A. Ralph Mollis and in response to your Freedom of Information Request dated November 24, 2008.

Our office does not have any of the records you specifically mention in your request. The only document we have in our office is a document entitled "Statement of Intent" for which I have attached a scanned copy.

If you should have any questions, feel free to contact my office.

Sincerely,

Mark P. Welch, Esquire
Executive Counsel
MPW/asd
Enclosure

Mark P. Welch, Esquire
Executive Counsel
Office of the Secretary of State A. Ralph Mollis
82 Smith Street, Room 217
Providence, RI 02903
(401) 222-2357
(401) 222-1356(fax)
E-Mail: http://us.mc448.mail.yahoo.com/mc/compose?to=mwelch@sec.state.ri.us

Virginia

2008-12-03T22:14:00.002-07:00

The Office of the Secretary of the Commonwealth does not administer election laws for Virginia . That is the responsibility of the State Board of Elections. That agency may be contacted at http://us.mc448.mail.yahoo.com/mc/compose?to=info@sbe.virginia.gov regarding your request.

Bernie Henderson
Senior Deputy Secretary of the Commonwealth
Office of the Governor

Office: (804) 692-0112
Fax: (804) 786-9549

Arkansas Responds

2008-12-03T21:46:00.003-07:00

Natasha Naragon, my contact point in Arkansas, kindly responded to my questions this afternoon. The format is slightly different than normal, but I would like to post the response as it came to me.

------------
From: Natasha Naragon natasha.naragon@sos.arkansas.gov
Subject: RE: Certification of Presidential candidate by Secretary of State Charlie Daniels
To: "Justin Riggs" juriggs@yahoo.com
Date: Wednesday, December 3, 2008, 3:43 PM

Mr. Riggs,

The answers to your questions are below in red.

Please let me know if I may be of further assistance.

Natasha

----------------------------------------------
Natasha Naragon
Public Affairs Coordinator
Secretary of State Charlie Daniels
Arkansas State Capitol, Room 24
Little Rock, Arkansas 72201
501-683-1441 (Phone)
501-683-3732 (Fax)
natasha.naragon@sos.arkansas.gov
www.sos.arkansas.gov

From: Justin Riggs [mailto:juriggs@yahoo.com]
Sent: Monday, December 01, 2008 2:25 PM
To: Natasha NaragonCc: arsos@sos.ar.gov
Subject: Certification of Presidential candidate by Secretary of State Charlie Daniels

Ms. Naragon,

According to a press release posted at http://www.sos.arkansas.gov/newsroom/index.php?do:newsDetail=1&news_id=29, Secretary of State Charlie Daniels certified the list of candidates for the office of U.S. President on February 5th, 2008. I have a few questions about this event that I was hoping you might be able to clear up for me.

1) In most states, the political parties are legally responsible for certifying that their candidates are eligible. According to this document, it seems that the Secretary of State is legally responsible to perform this function in Arkansas. Am I reading that correctly?
No. The political parties are responsible in Arkansas.

2) If Mr. Daniels certified the list of candidates, does that mean he reviewed the qualifications of each candidate individually? If so, what documentary proof was required from the candidates so that Mr. Daniels could certify them in good faith?
The candidates file a political practices pledge and party certificate with the secretary of state for certification.

3) In my research, I've also noticed that your state requires each candidate to complete an Affidavit of Eligibility. How would I go about requesting a copy of that document from your office?
The affidavit is filed with the party.

Thank you for your time and attention to this matter. I sincerely appreciate your help.

Your Fellow Citizen,

Justin W. Riggs

p.s. - please note that I have cc'd the Secretary of State on this message

------------ I responded:
Ms. Naragon,

Thank you for taking the time to reply to my questions. I now have two more questions, after which, I promise to leave you alone!

1) How do I request copies of the political practices pledge and party certificate that you referenced?

2) Are you aware of any law in your state that coerces the state party to release documents that have been filed with their organization? I have had some troubles with other states, and any help you could offer would be gratefully received.

Thank you again for your reply,

Justin

Follow-up With Ms. Fowler

2008-12-03T21:42:00.002-07:00

I'm still expecting a fax from Ms. Fowler, Chair of the South Carolina Democratic Party. Today I sent her a quick email to remind her that I'm still looking for the document she promised me.

------------
Ms. Fowler,

I didn't see a fax come through yesterday. Are you able to give me a time frame for when I might see that come through? In addition to the number I gave you, if you can give me 30 minutes notice, you can also fax it to (303) 279-0896 - but I have to be standing right by the fax machine in order for it to receive.

Thanks again for your time...

Justin

Pick Up Where We Left Off

2008-12-03T21:24:00.004-07:00

Last night, I sent an email to the Honorable Jean Brown, Chief Legal Advisor to the Secretary of State in Alabama. This morning, when I opened my inbox, I was surprised to see a reply! You can imagine my embarrasment when Ms. Brown informed me that all that had been delivered was a partial sentence. For your amusement, here is the complete exchange:

------------
From: Brown, Jean Jean.Brown@sos.alabama.gov
Subject: RE:To: juriggs@yahoo.com
Date: Wednesday, December 3, 2008, 7:40 AM

Mr. Riggs,

Although I have received three email communications from you, they all contain an incomplete sentence and I am thus unable to determine how to help you. If you will resend another communication setting forth your question, I will be happy to assist you.

Sincerely,

Jean Brown

------------

From: Justin Riggs [mailto:juriggs@yahoo.com]
Sent: Wednesday, December 03, 2008 8:49 AM
To: Brown, Jean
Subject: RE:

Ms. Brown,

How embarassing. I'm very sorry for the inconvenience. The complete message, with subject"*TIME SENSITIVE* Alabama Code (Elections) Question" is showing as sent at 11:53 in my "Sent" folder, but perhaps it didn't make it. Either way, here is my question, in its entirety. Thank you for your patience and prompt reply.

------------
Ms. Brown,

I apologize for the multiple messages. I'm not sure how my other message got sent. My tired fingers must have pressed a button they weren't supposed to!

As I was saying, Section 17-13-6 of the Alabama Code reads:

Only qualified candidates to be listed on ballots.The name of no candidate shall be printed upon any official ballot used at any primary election unless such person is legally qualified to hold the office for which he or she is a candidate and unless he or she is eligible to vote in the primary election in which he or she seeks to be a candidate and possesses the political qualifications prescribed by the governing body of his or her political party.

My question is this: who is responsible for ensuring that each candidate is "legally qualified to hold the office for which he or she is a candidate"?

For example, the Democratic Party's "Delegate Selection Rules For the 2008 Democratic National Convention" states that:

Based on the right of the Democratic Party to freely assemble and to determine the criteria for its candidates, it is determined that all candidates for the Democratic nomination for President or Vice President shall:

a. be registered to vote, and shall have been registered to vote in the last election for the office of President and Vice President; and

b. have demonstrated a commitment to the goals and objectives of theDemocratic Party as determined by the National Chair and will participate in the Convention in good faith.

2. It is further determined that these requirements are in addition to the requirements set forth by the United States Constitution and any law of the United States.

I want to make sure my question is clear, so let's take Barack Obama as an example. According to the Alabama Code, Obama's name should have appeared on the primary ballot only if:

a) he was legally qualified to hold the office for which he was a candidate (President)
b) he was eligible to vote in the primary election in which he sought to be a candidate
c) he possessed the political qualifications prescribed by the governing body of his political party, which were:
i) he had to be registered to vote
ii) he had to have been registered to vote in the last election for the office of Presidentand Vice President
iii) he had to have "demonstrated a commitment to the goals and objectives of theDemocratic Party as determined by the National Chair"
iv) he had to demonstrate that he would participate in the Convention in good faithAND
v) he had to meet the requirements set forth by the United States Constitution, and
vi) meet the requirements set forth by any law of the United States

That's a lot of requirements; yet, according to your law, his name couldn't have been printed upon the ballot UNLESS (NOTE: revised from original message) he was legally qualified to hold the office AND possessed the qualifications set out by his own party. Somebody had to check his credentials before placing him on the ballot. Who was it? Or, more generally speaking, who checks the credentials of all candidates placed upon the primary ballot in Alabama, and ensures that Section 17-13-6 of the Alabama Code is enforced?I want to thank you in advance for your time. I am certain that you are very busy, and I appreciate you taking the time to respond to my request. (NOTE: Because of your response, I will no longer fax a copy of the request to your office) I will be faxing you a copy of this request as well, and ask that you respond by 5 pm, Friday December 5th. If that will not be possible, please email me with an approximate date by which I can anticipate your response.I thank you again, and wish you a happy holiday season.

Your Fellow Citizen,

Justin W. Riggs

------------
Mr. Riggs,

I have forwarded your email to Rob Johnston, one of our elections attorneys, for a response.
Thank you for your wishes for a happy holiday season and I wish the same for you.

Sincerely,

Jean Brown

------------
Thank you very much. I don't want to appear forceful, but is there a timeframe in which I can expect to hear back from Mr. Johnston?

Thank you again for your time. You have been more than accomodating, and I sincerely appreciate it.

Justin

------------
I have let him know that you need a reply by December 5th at the latest.

------------
Fantastic. I'll let you get some work done now!

Justin

------------

As you can see, Ms. Brown was more than accomodating. I am extremely grateful for her professional demeanor, her responsiveness, and her willingness to work with me. If only all people could be half so helpful!

Roll, Tide, Roll...

2008-12-02T23:46:00.004-07:00

BREAKING NEWS: Alabama seems to have the most clear-cut requirements for placing a name on the ballot that I've seen. I wrote a particularly pointed letter to the Honorable Jean Brown, Chief Legal Council at the Alabama Secretary of State's office. Here is the letter, in its entirety:

NOTE: The original letter was sent before it was intended to be. The following is the second email sent to Ms. Brown.

------------
Ms. Brown,

I apologize for the multiple messages. I'm not sure how my other message got sent. My tired fingers must have pressed a button they weren't supposed to!

As I was saying, Section 17-13-6 of the Alabama Code reads:

Only qualified candidates to be listed on ballots.

The name of no candidate shall be printed upon any official ballot used at any primary election unless such person is legally qualified to hold the office for which he or she is a candidate and unless he or she is eligible to vote in the primary election in which he or she seeks to be a candidate and possesses the political qualifications prescribed by the governing body of his or her political party.

My question is this: who is responsible for ensuring that each candidate is "legally qualified to hold the office for which he or she is a candidate"?

For example, the Democratic Party's "Delegate Selection Rules For the 2008 Democratic National Convention" states that:

Based on the right of the Democratic Party to freely assemble and to determine the criteria for its candidates, it is determined that all candidates for the Democratic nomination for President or Vice President shall:

a. be registered to vote, and shall have been registered to vote in the last
election for the office of President and Vice President; and

b. have demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair and will participate
in the Convention in good faith.

2. It is further determined that these requirements are in addition to the requirements set forth by the United States Constitution and any law of the United States.

I want to make sure my question is clear, so let's take Barack Obama as an example. According to the Alabama Code, Obama's name should have appeared on the primary ballot only if:

a) he was legally qualified to hold the office for which he was a candidate (President)
b) he was eligible to vote in the primary election in which he sought to be a candidate
c) he possessed the political qualifications prescribed by the governing body of his political party, which were:
i) he had to be registered to vote
ii) he had to have been registered to vote in the last election for the office of President
and Vice President
iii) he had to have "demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair"
iv) he had to demonstrate that he would participate in the Convention in good faith
AND
v) he had to meet the requirements set forth by the United States Constitution, and
vi) meet the requirements set forth by any law of the United States

That's a lot of requirements; yet, according to your law, his name couldn't have been printed upon the ballot unless he was legally qualified to hold the office AND possessed the qualifications set out by his own party. Somebody had to check his credentials before placing him on the ballot. Who was it? Or, more generally speaking, who checks the credentials of all candidates placed upon the primary ballot in Alabama, and ensures that Section 17-13-6 of the Alabama Code is enforced?

I want to thank you in advance for your time. I am certain that you are very busy, and I appreciate you taking the time to respond to my request. I will be faxing you a copy of this request as well, and ask that you respond by 5 pm, Friday December 5th. If that will not be possible, please email me with an approximate date by which I can anticipate your response.

I thank you again, and wish you a happy holiday season.

Your Fellow Citizen,

Justin W. Riggs

Don't mess with Texas...

2008-12-02T21:14:00.002-07:00

Texas has some very interesting language in their Election Code. I wanted to check in with their Elections Division and see if I was interpreting the law correctly. Here's what I wrote:

------------
As a 'civics project', I am trying to identify who has the legal responsibility to certify Presidential candidates as eligible. I was hoping you could help me interpret a couple sections of Chapter 192 in the Election Code.

At http://tlo2.tlc.state.tx.us/statutes/docs/EL/content/htm/el.011.00.000192.00.htm, in subchapter B, it states:

"A political party is entitled to have the names of its nominees for president and vice-president of the United States placed on the ballot in a presidential general election if:(1) the nominees possess the qualifications for those offices prescribed by federal law;"

My first question is this: Who has the legal responsibility to ensure that the nominee "possesses the qualifications" for office? Is it the party? The Secretary of State? Somebody else?

Second, the Election Code goes on to say:

"§ 192.033. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON BALLOT. (a) Except as provided by Subsection (c), the secretary of state shall certify in writing for placement on the general election ballot the names of the candidates for president and vice-president who are entitled to have their names placed on the ballot."How does the secretary of state know if the candidate is entitled to have his/her name placed on the ballot? Does he make sure the candidate meets the qualifications for office him/herself? Does he take the party's word for it?

I appreciate your help in this matter. It's fascinating to see how different states handle this very important matter. I look forward to receiving your response in the near future.

Your Fellow Citizen,

Justin W. Riggs

------------

What Do The Experts Have to Say?

2008-12-02T21:04:00.003-07:00

I had forgotten about http://www.allexperts.com, a cool site that lets you ask questions to resident experts, who then respond within 3 business days. So when I stumbled across the site while doing a Google search I thought, "Perfect! If anyone is going to have an answer for me, it's going to be an expert from allexperts.com."

Unfortunately, it didn't work out. Here's how it went:

Your question was

"Article II, Section I, Clause V enumerates the qualifications that must be met by an individual in order to hold the office of President.Who has the legal responsibility to check the candidates credentials, and how can the public gain access to the findings of the certification process?"

Expert: Ted Nesbitt

"But this is outside of my expertise."

That's what I'd call anti-climactic. Any other experts out there want to give it a try?

From the Bottom Up - Arapahoe County Democratic Party Chair

2008-12-02T20:52:00.002-07:00

I haven't heard back from many of the people I've written letters to, which made me think that maybe I should start back from the beginning. In my haste, I had never taken the time to write my local leader - the Arapahoe County Democratic Party Chair, Michael Hamrick. I figured it couldn't hurt, even though I was 99.9% sure that he wasn't responsible for checking the credentials of the Presidential candidate.

Graciously, Mr. Hamrick responded almost immediately. He was polite, professional, and courteous - for which I am grateful. Here is a copy of our correspondence:

On Tue, Dec 2, 2008 at 2:51 PM, Justin Riggs http://us.mc448.mail.yahoo.com/mc/compose?to=juriggs@yahoo.com wrote:

Hi,

I am researching the topic "Who makes sure our Presidential candidates are eligible?" as a sort of personal civics project. Although I'm nearly certain that the certification process wouldn't occur on the county level, could you please confirm for me whether or not this process takes place at a county level? (Also, if you know where the certification process does take place, I would be grateful if you would share that information with me).

Thank you for your time and attention to this matter.

Your Fellow Citizen (and Proud Arapahoe County Voter),

Justin W. Riggs

------------

On Tue, 12/2/08, Chair, Arapahoe Democrats wrote:
From: Chair, Arapahoe Democrats Subject: Re: Do you certify Presidential candidates?To: juriggs@yahoo.comDate: Tuesday, December 2, 2008, 5:30 PM
Each county conducts the certification of every election. A canvass board is appointed by each major political party and the county clerks. Part of the process is reviewing provisional ballots to see which are eligible to be counted, reviewing machine results and the paper ballot machines (Optical scanners). I have been involved in doing this for the last three elections. This certification takes place in the Arapahoe County voting facility and starts a few days after the election and in this years case, was completed on Nov 21st. Each county then forwards these results to the Secretary of State. As far as who verifies that each candidate is eligible, I would think that would have to be done by the federal election commission upon each candidate filing for office. If you have more questions, please feel free to send me a return email or give me a call.

Respectfully,

Michael Hamrick

(personal contact info cut)

------------

Michael,

Thank you very much for your prompt and courteous response - some have not been so kind!

Unfortunately, I've already checked with the FEC. They say they are only involved in "administering and enforcing the statute that governs the financing of federal elections." I also checked with NARA, the folks who administer the Electoral College process - they said "The Office of the Federal Register does not have the authority to handle issues related to the general election, such as candidate qualifications." They referred me to my Secretary of State. The Secretary of State's office said (in a form letter - my question wasn't about citizenship in particular) "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. Any questions regarding the qualifications of a presidential candidate should be directed to the parties, who are the certifying entities in this case."
I assumed that meant the state party, but I thought I'd check with the county party, too, since I haven't heard back from the state (it's only been a few days). By chance, do you know who in the state party I would direct my question to? I'm afraid I sent it too high up the chain of command, and that it's not going to get answered.

Again, I appreciate your willingness to help, and wish you a happy holiday season.

Justin

------------

If I hear back again from Michael, I'll provide an update. I'm hoping he can help me find someone at the state level who can help me answer my questions.

Arkansas is on the Radar Again...

2008-12-01T23:03:00.003-07:00

I stumbled across this link today http://www.sos.arkansas.gov/newsroom/index.php?do:newsDetail=1&news_id=29. It caught my eye because Arkansas had already shown up in my research. This page was different, though, in that it talks about the Secretary of State himself certifying the candidates. Arkansas, it seems, might be rather important in helping me get answers to my questions.

There was a contact name provided at the end of the press release, so I wrote one letter and sent it to both Natasha Naragon and Secretary of State Charlie Daniels. Here it is:

Ms. Naragon,

According to a press release posted at http://www.sos.arkansas.gov/newsroom/index.php?do:newsDetail=1&news_id=29, Secretary of State Charlie Daniels certified the list of candidates for the office of U.S. President on February 5th, 2008. I have a few questions about this event that I was hoping you might be able to clear up for me.

1) In most states, the political parties are legally responsible for certifying that their candidates are eligible. According to this document, it seems that the Secretary of State is legally responsible to perform this function in Arkansas. Am I reading that correctly?

2) If Mr. Daniels certified the list of candidates, does that mean he reviewed the qualifications of each candidate individually? If so, what documentary proof was required from the candidates so that Mr. Daniels could certify them in good faith?

3) In my research, I've also noticed that your state requires each candidate to complete an Affidavit of Eligibility. How would I go about requesting a copy of that document from your office?

Thank you for your time and attention to this matter. I sincerely appreciate your help.

Your Fellow Citizen,

Justin W. Riggs

p.s. - please note that I have cc'd the Secretary of State on this message.

Updates forthcoming, as always...

Letters to Georgia SoS, Democratic Party Chair

2008-12-01T21:07:00.002-07:00

Following are two letters. The first was sent to Karen C. Handel, Georgia Secretary of State, and the second was sent to Jane V. Kidd, Chairwoman of the Georgia Democratic Party.

Secretary Handel,

According to Title 21, Chapter 2, Article 1 of the Georgia Code:

"(a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought."
- § 21-2-5. Qualifications of candidates for federal and state office; determination of qualifications

I'm wondering how this statute is enforced, particularly in regards to Presidential candidates.

Here are my questions:

1) If each candidate "shall" meet the Constitutional requirements, how does the Secretary of State's office verify that the political parties have done their due diligence, an that the candidates "do" meet those requirements?

2) If it is not the Secretary of State's duty to validate this information (as i've heard from so many other states), what restraints are placed upon the parties to ensure that they fulfill their legal obligation to the state?

The language in the Georgia Code seems to me to be unique. It explicitly states that the candidates "shall" meet the constitutional requirements for the office they seek. Overall, I guess my question is this:

3) Who enforces this law, and what process do they go through to ensure a Presidential candidate meets the Constitutional requirements for office?

I sincerely thank you for help in this matter, and wish you a happy holiday season...

Your Fellow Citizen,

Justin W. Riggs

------------

(my personal information)

Jane V. Kidd
Secretary of State
1100 Spring St., Suite 408Atlanta, GA 30309
Phone: 678-278-2008janekidd@georgiademocrat.org

Ms. Kidd,

According to Title 21, Chapter 2, Article 1 of the Georgia Code:

"(a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought."
- § 21-2-5. Qualifications of candidates for federal and state
office; determination of qualifications

According to my reading of this law, it is the political party that is legally responsible for certifying their Presidential candidate as eligible to hold office. At this time, I'm requesting that you provide:

1) The name or names of those legally responsible for certifying your 2008 Presidential candidate's eligibility.

2) A detailed chronology of the certification process, including the date and time of the decision to certify your Presidential candidate as qualified.

3) Copies of all documents provided to you by the candidate or any other source that were used in determining the candidates qualifications.

If for any reason you cannot provide some or all of the information I have requested, please provide specific and detailed reasoning as to why that information was not or may not be released to the public.

I respectfully request that a written response be sent to this email address (juriggs@yahoo.com) no later than 5:00 pm, Friday December the 5th, and thank you for your time and attention to this matter.

Your Fellow Citizen,

Justin W. Riggs

Georgia's A Peach

2008-12-01T19:38:00.002-07:00

I got this information from someone else who is researching the issue - I'm going to withhold the name for now, as I haven't received permission to use it.

The information is about Georgia law regarding the certification of Presidential candidates. Here is part of what I was sent (much of it isn't relevant to what I'm studying):

GEORGIA CODE
Copyright 2008 by The State of Georgia
All rights reserved.

*** Current through the 2008 Regular Session ***
TITLE 21. ELECTIONS
CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY
ARTICLE 1. GENERAL PROVISIONS
O.C.G.A. § 21-2-5 (2008)

§ 21-2-5. Qualifications of candidates for federal and state office; determination of qualifications

(a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.

Obviously, this is strong language - stronger, I think, then any I've seen so far. The statute says that every candidate that is "certified by a political party", "shall meet the constitutional qualifications for holding the office being sought." In other words, it looks like somebody in the state of Georgia HAS to be legally responsible for making sure that their candidate met the constitutional requirements for holding the office of President.

Looks like I have another letter to write! I'll post it when it's written...

Ohio is Always Important in Presidential Politics - Can They Help Me?

2008-12-01T19:28:00.002-07:00

This was an interesting find from tonight. It seems that everyone knows what the qualifications are, but no one is responsible for checking them. I'm hoping Mr. Bontrager can help me locate someone, anyone, who is legally responsible for checking the Presidential candidates' qualifications.

Here is my letter to Randy Borntrager, Communications Director, Ohio Democratic Party:

Mr. Borntrager,

At http://www.sos.state.oh.us/SOS/candidates/Presidential%20Candidates.aspx it states that:

"A candidate for the office of President of the United States must be a natural born citizen of the United States, a U.S. resident for at least 14 years, and at least 35 years old on or before the day of the election. (U.S. Constitution, Article II, section 1).

A candidate for the office of Vice-President of the United States must have the same qualifications as a candidate for President. The candidate for Vice-President shall not be an inhabitant of the same state as the candidate for President.

Presidential and Vice-Presidential candidates must file jointly with, or be certified jointly to, the Ohio Secretary of State’s office (U.S. Constitution, Amendment XII; R.C. 3513.041, 3513.12, 3513.121)."

It also states that you are the individual to contact for inquiries about the requirements to become a Presidential candidate in your state.

Would you be so kind as to tell me who has the legal responsibility to certify candidates to the Ohio Secretary of State's office? If you have contact information for that individual, I would greatly appreciate it if you would provide that as well.

Thank you very much for your time.

Your Fellow Citizen,

Justin W. Riggs

Texas Democrats

2008-12-01T19:23:00.002-07:00

I seem to be focusing on Democrats at this point. Because they won the election, and because there is some controversy surrounding Barack Obama's qualifications, I'm particularly interested in how the Democrats certified their candidate. Today, I contacted the Chairman of the Texas State Democratic Party, Boyd Richie. Here is a copy of the letter I sent him:

Chairman Richie,

According to your website, http://www.txdemocrats.org/the_party/article_vii_national_delegate_selection_rules

"The oath on the application of a presidential candidate shall be:

"I, ______________ of __________________, __________ County/Parish, _____________, being a candidate for the Office of President of the United States, swear that I will support and defend the constitution and laws of the United States. I further swear that I will fully support the Democratic nominee for President whoever that shall be.""

At this time, I am formally requesting that an electronic copy of that document referred to on your site as "The oath on the application of a presidential candidate" from each of the party's Presidential candidates for the 2008 election. I request that these documents be emailed to to this email address (juriggs@yahoo.com) within the next 48 hours. If an electronic copy is not available, I request that a paper copy be mailed to:

Justin W. Riggs
5255 S. Grant Street
Littleton, CO 80121

The postmark should read no later than December 3, 2008.

Should my request be denied for any reason, I request that you explain, in detail, why the request was denied. If there is a formal process that must take place in order for these documents to be released, please provide me with the necessary information so that I can make an appropriate request.

I appreciate your time and attention to this matter, and wish you a happy holiday season.

Your Fellow Citizen,

Justin W. Riggs

As always, I'll update the post when I hear back from him.

Now We Know the Who (Kind of): UPDATE

2008-12-01T18:51:00.007-07:00

UPDATED TOPIC: 12-01-08

Before reading this post, please refer to http://www.yourfellowcitizen.com/2008/11/now-we-know-who-kind-of.html.

Chairwoman Fowler graciously spent a great deal of her time communicating with me by email today. The takeaway, if you don't want to read the messages themselves, is that she has agreed to fax me a copy of the document which enabled her office to certify Barack Obama as eligible for the office of President.

The whole conversation leaves me uneasy, however. According to Ms. Fowler, "The only documentation our state law requires is that the candidate (for any office) certify to the party that he or she meets the requirements of the office." If this is true, I think we have a real conflict of interest in place. The Constitution is the supreme law of the land, and it doesn't make sense (to me) to allow candidates to certify themselves. "I'll take your word for it" doesn't sit quite right with me. Of course, if that's how it works, then that's how it works. I'll take a look at the document, a look at the state law that Ms. Fowler references, and provide another update as soon as possible.

Following is the complete correspondence between Ms. Fowler and I on 12-01-08 (the original message I sent to Ms. Fowler can be found at the link above):

Justin W. Riggs --- On Mon, 12/1/08, Carol Fowler wrote:

From: Carol Fowler cfowler@SCDP.ORG
Subject: RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
To: juriggs@yahoo.com
Date: Monday, December 1, 2008, 8:15 AM

Where in SC are you?

From: Justin Riggs [mailto:juriggs@yahoo.com]
Sent: Monday, December 01, 2008 11:33 AM
To: Carol Fowler
Subject: RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*

Ms. Fowler,

Thank you very much for your prompt reply to my message. I sincerely appreciate it.

I'm not located in South Carolina. I am from Denver, CO. I've been researching the issue of how Presidential candidates get certified as eligible since I learned that both John McCain and Barack Obama had their qualifications questioned during this latest campaign. This is non-partisan, personal research that I'm conducting.

During my research, I've contacted electors, government officials, and party representatives (from both major political parties) from several states, and not had any problem in having documents released to me. In this case, do I need to find a proxy from South Carolina to make the request for me? I'd be happy to do so, if need be.

Again, I thank you for your prompt reply, and look forward to meeting whatever requirements need to be met in order to receive the documents I've requested.

Your Fellow Citizen,

Justin W. Riggs

------------
Justin --- On Mon, 12/1/08, Carol Fowler wrote:

From: Carol Fowler cfowler@SCDP.ORG
Subject: RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
To: juriggs@yahoo.com
Date: Monday, December 1, 2008, 9:33 AM

The only documentation our state law requires is that the candidate (for any office) certify to the party that he or she meets the requirements of the office.

------------
From: Justin Riggs [mailto:juriggs@yahoo.com]
Sent: Monday, December 01, 2008 12:33 PM
To: Carol Fowler
Subject: Spam:RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*

Interesting! Could I have you send me an electronic copy of the document where President-Elect Obama certified to you that he meets the requirements of the office? Thanks again - I appreciate you taking the time to help.

------------
--- On Mon, 12/1/08, Carol Fowler wrote:

From: Carol Fowler cfowler@SCDP.ORG
Subject: RE: Spam:RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
To: juriggs@yahoo.com
Date: Monday, December 1, 2008, 2:23 PM

I can fax it to you when I get a chance. What’s the number?

------------
Ms. Fowler,

I'm sorry it took me awhile to get back to you. I had to track down a fax machine that could accept a fax without me standing right next to it.

Here's the number you can fax the document(s) to: (303) 873-6101. Just put it to my attention. I understand that you must be very busy, but I request that you please try to fax it by the close of business on December 2nd. Please let me know if that doesn't fit with your schedule.

I don't want you to feel like I'm backing you into a corner, but I'm also interested in getting answers to the original questions I asked. In particular, I'd like to know who in your office has the legal responsibility for certifying the candidates. I simply haven't been able to answer this question up to this point, but certainly someone carries the responsibility.

One last thing (I hope). Could you provide me with a reference to the state law that you referred to earlier in our conversation? You said:

"The only documentation our state law requires is that the candidate (for any office) certify to the party that he or she meets the requirements of the office."
If you could provide me the statute number, it would save me a great deal of time.

Once again, thank you for your help.

Your Fellow Citizen,

Justin W. Riggs

One Last Development for Today

2008-11-29T22:37:00.003-07:00

I just received an email from Erica Easter, the Chief of Staff from the Office of the Secretary. Here is a copy of our conversation to this point:

FOIA Officer
Erica Easter
Office of the Secretary
John A. Wilson Building
1350 Pennsylvania Avenue NW, Suite 419
Washington, DC 20004
Erica.Easter@dc.gov
Phone: (202) 727-6306
Fax: (202) 727-3582

Ms. Easter,

According to http://app.dc.gov/apps/about.asp?page=foia&type=dsf&referrer=os.dc.gov&agency_id=1040&osNav=31372, "The FOIA Officer is the principal contact point within OS for advice and policy guidance on matters pertaining to the administration of the FOIA." I was hoping, therefore, that you might be able to help me in making an official request for documents.In the document I have attached to this email, under heading 601: Declaration of Candidacy and Affidavit of Qualifications it states, "601.3 The Declaration of Candidacy filed by the candidate shall contain the following information.... (h) A statement that the candidate meets the qualifications for holding office.

Although it is difficult for me to ascertain from the document itselff whether or not this provision applies to Presidential candidates, my hope is that it does. If this is the case, I would like to submit a FOIA request for the Declaration of Candidacy from the Democratic and Republican Presidential candidates for the 2008 election year cycle. The documents may be emailed to me at juriggs@yahoo.com, or mailed to the address provided above.Thank you for your time and attention to this matter.

Your Fellow Citizen,

Justin W. Riggs
------------

From: Easter, Erica (EOM) Erica.Easter@dc.gov
Subject: Re: FOIA Request: Affidavit of Eligibility for Presidential Candidates
To: juriggs@yahoo.com
Date: Saturday, November 29, 2008, 8:22 PM

Mr. Riggs,

The records you seek are not held by the Government of the District of Columbia but by the Federal Government. You should direct this request to the US Government.

Thank you,

Erica Easter
Chief of Staff
Office of the Secretary
(202) 340-7532
------------

Ms. Easter,

Thank you very much for your prompt reply. Could you, by chance, point me in the right direction as to whom I might direct my request? "The US Government" is a maze of frightening proportions for someone like me... Any help you could provide would be greatly appreciated.

Justin
------------

This could be an important development, because Ms. Easter's reply seems to prove that there are documents held by the Federal government that relate to a Presidential candidate's eligibility to hold office. If I can obtain this document, there should be a certifying party, and I can address my questions to that individual. As far as I know, this is the first evidence of this kind on a Federal level, which is interesing. In some ways, it only muddies the waters further: are both the Federal government and the State parties responsible for certifying Presidential candidates? Time will tell, I believe...

UPDATE 12-01-08

Ms. Easter replied and informed me that she didn't know what office to contact, but recommended the FEC.

One Simple Question Becomes Three More Difficult Ones

2008-11-29T14:57:00.003-07:00

Updated 11-29-08

Originally, there was only one question I was trying to answer, but at this point there are two additional questions I'm interested in. Here is the new post, with all three questions:

------------
If we have requirements that must be met in order to serve as the POTUS, I assume there is a process in place to make sure that those requirements are met.

1) What is the name of the individual, individuals, or group who is authorized and responsible for certifying that Presidential candidates are eligible to hold the office of President?

2) At what point in the campaign does the certification occur? (I'd like to see a chronology of the certification process)

3) What documentary proof is the candidate required to provide to the certifier so that he/she can be certified as eligible? (I'd like to see copies of each of these documents)

Now We Know the Who (Kind of) - UPDATED

2008-11-29T01:35:00.005-07:00

Update 11/29/08

It seems that the pieces of the puzzle are beginning to come together. This morning I woke up to interesting news. At http://americamustknow.com/Documents/southcarolinabologna.pdf I found a document from the Chair of the South Carolina Democratic party certifying that the party's candidates were and are eligible to hold the offices they were running for. This would, of course, include the Presidential candidate.

Being interested in the matter, I of course drafted a letter to Ms. Fowler right away. Here it is in its entirety:

Chairwoman Fowler,

According to a document from you to the South Carolina Election Commission dated August 14, 2008, you stated that:

"In accordance with South Carolina Code of Laws 7-13-350 and 7-11-15, as amended, the South Carolina Democratic Party is pleased to submit our list of Democratic candidates for the 2008 general election ballot.

The South Carolina Democratic Party certifies that each candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office for which he/she has filed.

If you have any questions, please do not hesitate to contact our office at 803-799-7798."

Instead of contacting your office by phone, I thought email might be more convenient. I have three questions that I hope you might be able to answer for me:

1) What individual or group of individuals was legally responsible for certifying that Barack Obama was and is eligible to hold the office of President?

2) Will you please provide a detailed chronology of the certification process, including the date and time that the final determination to certify was made?

3) Will you please provide a complete list of all documentary evidence that was required from then-Senator Obama by your office in regards to the certification process.

If for any reason you cannot provide some or all of the information I have requested, please provide specific and detailed reasoning as to why that information was not or may not be released to the public.

I respectfully request that a written response be sent to this email address (juriggs@yahoo.com) no later than 12:00 pm, Thursday December the 4th, and thank you for your time and attention to this matter.

Your Fellow Citizen,

Justin W. Riggs
------------

Original Post

Here's a good breakthrough. Tonight, based upon the recommendation of a comment left on another site, I went and found the Charter and Bylaws of the United States Democratic Party. After sifting through that, I was led to a document called "The Delegate Selection Rules For the 2008 Democratic National Convention". It was issued by the Democratic Party of the United States, and seems to be approved by Governor Howard Dean, Chairman of the Democratic National Committee.

In that document, on page 18, it states (I don't seem to have any way to attach the file, but it can be found at http://s3.amazonaws.com/apache.3cdn.net/3e5b3bfa1c1718d07f_6rm6bhyc4.pdf):

K. 1. Based on the right of the Democratic Party to freely assemble and to determine the
criteria for its candidates, it is determined that all candidates for the Democratic
nomination for President or Vice President shall:

a. be registered to vote, and shall have been registered to vote in the last
election for the office of President and Vice President; and

b. have demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair and will participate
in the Convention in good faith.

2. It is further determined that these requirements are in addition to the requirements set forth by the United States Constitution and any law of the United States. (my emphasis)

Here we can see that the Democratic Party explicitly states that their Presidential candidate shall meet several requirements, including those "set forth by the Constitution". What's missing is, of course, a) who within the party makes sure that the candidate meets the requirements, b) when they are supposed to do this, and c) what evidence is required of the candidate to prove eligibility. This is a big step forward, though. Now we know where to focus our efforts.

If there are any readers out there who would like to help in this effort, simply write your state's Democratic Party headquarters, and then the national headquarters. Ask (don't demand) for this information to be released to the public. Write more than once. One lesson I've learned about government is that nothing is achieved through force - it is achieved through constant and steady pressure.

The party has set out its requirements for all to see. Now they need to share with us how they ensure those requirements are met.

National Party Chairmen

2008-11-28T22:22:00.004-07:00

I must admit, I am an impatient man. Instead of waiting to hear back from the State parties, I feel compelled to write the national chairmen for the two major parties at this time. The longer this draws out with no answer, the more uneasy I feel. In the pursuit of truth we cannot act too swiftly, is the principle I will rest on at this time. Apologies forthcoming should they be necessary.

Here are the two letters to Chairman Duncan and Chairman Dean, in their entirety:

------------
Chairman Duncan,

I am seeking information regarding what individual or group of individuals was responsible for certifying that Senator John McCain was eligible to hold the Office of President. The reason I am approaching you is that the Colorado Secretary of the State's office has released the following statement in regards to this issue:

"Dear Concerned Voter: The Colorado Secretary of State's office, has received numerous calls and emails inquiring into the procedures undertaken to ensure that presidential candidates are qualified to be placed on the ballot. This email is intended to answer your questions regarding the qualifications of candidates for the office of President of the United States.First, please understand that, 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.Any questions regarding the qualifications of a presidential candidate should be directed to the parties, who are the certifying entities in this case. Second, if you wish to challenge the qualifications of a Presidential candidate, the proper forum is the district court, not the Secretary of State's office. Because the nomination and certification of candidates is purely a party function, this office lacks the authority to investigate complaints levied against a particular candidate's eligibility or qualifications for office. Please see section 1-4-909, C.R.S., for more information regarding challenges to a candidate's qualifications.In sum, please direct any inquiries regarding the qualifications of candidates to the respective parties. If you wish to challenge these qualifications, you must do so in district court. Thank you for contacting the Secretary of State's office."
As you are the Republican National Chairman, I was hoping you might be able to point me in the right direction in regards to how I might obtain this information.

May I please note that I am seeking the name or names of those who bear the legal responsibility for certifying the Presidential candidates eligibility. If you yourself do not possess a knowledge of this information, would you be so kind as to recommend whom I might contact to ascertain who the individual or group of indivuals are that certified the Republican Presidential candidate for President as eligible in this most recent election cycle.

I thank you in advance for your time, and request that a written reply be made as soon as reasonably possible - preferably within 3 business days.

Your Fellow Citizen,

Justin W. Riggs

------------
Chairman Dean,

I am seeking information regarding what individual or group of individuals was responsible for certifying that Senator Barack Obama was eligible to hold the Office of President. The reason I am approaching you is that the Colorado Secretary of the State's office has released the following statement in regards to this issue:

"Dear Concerned Voter: The Colorado Secretary of State's office, has received numerous calls and emails inquiring into the procedures undertaken to ensure that presidential candidates are qualified to be placed on the ballot. This email is intended to answer your questions regarding the qualifications of candidates for the office of President of the United States.First, please understand that, 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.Any questions regarding the qualifications of a presidential candidate should be directed to the parties, who are the certifying entities in this case. Second, if you wish to challenge the qualifications of a Presidential candidate, the proper forum is the district court, not the Secretary of State's office. Because the nomination and certification of candidates is purely a party function, this office lacks the authority to investigate complaints levied against a particular candidate's eligibility or qualifications for office. Please see section 1-4-909, C.R.S., for more information regarding challenges to a candidate's qualifications.In sum, please direct any inquiries regarding the qualifications of candidates to the respective parties. If you wish to challenge these qualifications, you must do so in district court. Thank you for contacting the Secretary of State's office."
As you are the Democratic National Chairman, I was hoping you might be able to point me in the right direction in regards to how I might obtain this information.

May I please note that I am seeking the name or names of those who bear the legal responsibility for certifying the Presidential candidate's eligibility. If you yourself do not possess a knowledge of this information, would you be so kind as to recommend whom I might contact to ascertain who the individual or group of indivuals are that certified the Democratic Presidential candidate as eligible in this most recent election cycle.

I thank you in advance for your time, and request that a written reply be made as soon as reasonably possible - preferably within 3 business days.

Your Fellow Citizen,

Justin W. Riggs

--------------
Shortly after sending my message to the Republican National Chairman, I received the following:

(The message was titled "Thank you for your thoughts and comments")

Thank you for contacting the Republican National Committee. We certainlyappreciated your email, and will include your thoughts in our report to the Chairman. Please do not hesitate to contact us in the future withany of your thoughts, opinions or observations.

Office of Constituent Services
Republican National Committee
info@gop.com

My feeling is that my thoughts and feelings might not make it to the Chairman intact. Another route will be necessary, it appears.

Is Arkansas the Answer?

2008-11-28T21:43:00.003-07:00

What is an Affidavit of Eligibility? Or, a better question for my purposes might be, who witnesses it? And does that witness have a legal duty to ensure that the candidate is eligible, or only that he declares that he is eligible? Hopefully, I'll find out the answer to these questions very soon.

On November 27, 2008 I sent a letter to Mary Lou Slinkard, a County Clerk in the State of Arkansas. Here is the letter I sent:

(my personal information)

November 26, 2008

COUNTY CLERK
Mary Lou Slinkard
State of Arkansas
215 E Central Ave
Bentonville, AR 72712
(479) 271-1013
http://us.mc448.mail.yahoo.com/mc/compose?to=mslinkard@co.benton.ar.us

RECORDS REQUEST

Dear Records Request Officer:

According to a document retrieved from http://www.co.benton.ar.us/BCClerk/FILING%20PROCEDURES%202008%20SBEC.pdf on November 26, 2008, all Political Party Candidates running for Federal office must file an Affidavit of Eligibility with your office.

Pursuant to the state open records act, I request access to and copies of an Affidavit of Eligibility form for all presidential and vice presidential candidates on the November 4, 2008 General Election ballot.

Because this request is for public, non-commercial use, I request that any fee be waived. If a fee is required, please notify me in writing (email will be fine) what the fee will be, at which time I will choose to renew or abandon my request.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act.

Thank you for your assistance.

Sincerely,

Justin W. Riggs

I'll update this post as soon as I hear back.

Another Try at the State Parties

2008-11-28T20:28:00.004-07:00

Earlier, I contacted the Democratic state party to enquire as to whom was responsible for certifying their Presidential candidate as eligible for the office. To this point, I have not received a reply. Today, I wrote to both party's chairpeople - perhaps writing an individual will be more effective. Following is the text of these letters (they are nearly identical, so you need not read both unless you are so inclined):

NOTE: After sending my letter to Chairwoman Waak, I realized I had not edited it appropriately. The version shown here is the correct, edited version.

Chairman Wadhams,

I am seeking information regarding what individual or group of individuals was responsible for certifying that Senator John McCain was eligible to hold the Office of President. The reason I am approaching you is that the Colorado Secretary of the State's office has released the following statement in regards to this issue:

"Dear Concerned Voter: The Colorado Secretary of State's office, has received numerous calls and emails inquiring into the procedures undertaken to ensure that presidential candidates are qualified to be placed on the ballot. This email is intended to answer your questions regarding the qualifications of candidates for the office of President of the United States.

First, please understand that, 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. Any questions regarding the qualifications of a presidential candidate should be directed to the parties, who are the certifying entities in this case.

Second, if you wish to challenge the qualifications of a Presidential candidate, the proper forum is the district court, not the Secretary of State's office. Because the nomination and certification of candidates is purely a party function, this office lacks the authority to investigate complaints levied against a particular candidate's eligibility or qualifications for office. Please see section 1-4-909, C.R.S., for more information regarding challenges to a candidate's qualifications.

In sum, please direct any inquiries regarding the qualifications of candidates to the respective parties. If you wish to challenge these qualifications, you must do so in district court. Thank you for contacting the Secretary of State's office."

As you are the chairman of the Colorado Republican Party, I thought it best to approach you first.

If it is not the state party that bears this legal responsibility, I would be much obliged if you might recommend whom I should contact in the national party to ascertain who the individual or group of indivuals are that certified that the Democratic Presidential candidate for President was eligible this election cycle.

I thank you in advance for your time, and request that a written reply be made as soon as reasonably possible - preferably within 3 business days.

Your Fellow Citizen,

Justin W. Riggs

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Chairwoman Waak,

If you read my earlier message, you will note that I am making the same request of Republican Chairman Dick Wadhams as I am of you. I apologize for my oversight when editing the letter to send to you. Here is the same request, with the appropriate titles.

I am seeking information regarding what individual or group was responsible for certifying that Senator Barack Obama was eligible to hold the Office of President. The reason I am approaching you is that the Colorado Secretary of the State's office has released the following statement in regards to this issue:

"Dear Concerned Voter: The Colorado Secretary of State's office, has received numerous calls and emails inquiring into the procedures undertaken to ensure that presidential candidates are qualified to be placed on the ballot. This email is intended to answer your questions regarding the qualifications of candidates for the office of President of the United States.

First, please understand that, 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. Any questions regarding the qualifications of a presidential candidate should be directed to the parties, who are the certifying entities in this case.

Second, if you wish to challenge the qualifications of a Presidential candidate, the proper forum is the district court, not the Secretary of State's office. Because the nomination and certification of candidates is purely a party function, this office lacks the authority to investigate complaints levied against a particular candidate's eligibility or qualifications for office. Please see section 1-4-909, C.R.S., for more information regarding challenges to a candidate's qualifications.

In sum, please direct any inquiries regarding the qualifications of candidates to the respective parties. If you wish to challenge these qualifications, you must do so in district court. Thank you for contacting the Secretary of State's office."

As you are the chairwoman of the Colorado Democratic Party, I thought it best to approach you first. If it is not the state party that bears this legal responsibility, I would be much obliged if you might recommend whom I should contact in the national party to ascertain who the individual or group of indivuals are that certified that the Democratic Presidential candidate for President was eligible this election cycle.

I thank you in advance for your time, and request that a written reply be made as soon as reasonably possible - preferably within 3 business days.

Your Fellow Citizen,

Justin W. Riggs

Almost Exciting

2008-11-27T20:58:00.002-07:00

Last night, as I was researching, breaking news occured: someone had found a document that showed that Nancy Pelosi had certified Barack Obama as eligible to hold the Office of President. I was elated - here was my answer! I contacted the individual who had the document, and asked him to email it to me as soon as possible. Graciously, he sent it over within minutes. Unfortunately, the document didn't show what I was hoping. Instead, it just showed that Pelosi had certified that Obama had been nominated to be the Democratic Party's candidate for President - quite a different thing. Here's a link to the document:

http://countusout.wordpress.com/2008/11/26/foia-request-response-from-va-document-from-va-sos-signed-by-nancy-pelosi-stating-that-pelosi-certified-obamas-qualifications/dnc-certification_of_nomination-082908-2/

After seeing this, I felt like I needed to post a comment, making sure that everyone understood what the document actually said. I did, and eventually, it was turned into a post on another site. Here's the link to that:

http://countusout.wordpress.com/2008/11/27/pelosi-certifying-the-party-nominated-obama/#comment-3552

Hopefully, we'll get to the bottom of this. I guess it wouldn't hurt to contact Ms. Pelosi and ask her if she knows who certified Obama as eligible. Howard Dean as well, since he's the Chairman of the party. This project is starting to eat up a bit of time!!

Some Small Confusion

2008-11-26T17:46:00.006-07:00

In Wrotnowski vs Bysiewicz, a lawsuit originally filed in Connecticut, the Plaintiff references an email from Bysiewicz in which she states:

“Likewise, neither the Connecticut General Statutes nor the Constitution of the State of Connecticut authorizes me to investigate a Presidential candidate’s eligibility to run for the office of President of the United States. Because this is a matter prescribed in the Constitution of the United States, and absent any authority and/or procedures in our state constitution, the question of the verification of a Presidential candidate’s status as a “natural born” citizen is a federal matter subject to U.S. Congressional action…”

This leaves me a little bit confused, because as you'll remember, my Secretary of State's office said that the question of verification of a Presidential candidate's status was the candidate's party's legal responsibility. This Secretary of State says that verification is a "federal matter subject to U.S. Congressional action...". I don't even know what that means!

Later in his filing, Mr.Wrotnowski claims that "the “national system” to which Secretary Bysiewicz refers to does not exist and/or has provided no remedy." He mentions that the FEC does not verify any candidates eligibility (which means we can cross another organization off our list!). But there is that pesky "and/or" in there.

What "Congressional action" is the SoS referring to? Does it or does it not exist? Looks like more homework for me...

The Colorado Democratic Party

2008-11-25T19:43:00.005-07:00

After confirming that NARA and my Secretary of State don't have the authority to certify a Presidential candidate's eligibility, I followed the trail to the Colorado Democratic Party. My SoS' office said that "the legal responsibility for confirming citizenship... lies with the certifying entity (which is the Democratic Party).

I started with the CDP, even though I think they'll probably have to point me to the national party headquarters. No point in contacting national HQ, just to find out I should have contacted the state!

Here's the letter I sent to the CDP, in its entirety:

Hi! My name is Justin Riggs, and I'm trying to figure out who is responsible for certifying that Presidential candidates are eligible to be placed on our state ballot.

I started out at the NARA website, but they stated that, "The Office of the Federal Register does not have the authority to handle issues related to the general election, such as candidate qualifications." They recommended I contact my Secretary of State, so I did.

After requesting information from the office of the SoS, I found a reply online from them to someone who shared my curiosity, in which they stated: "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. Any questions regarding the qualifications of a presidential candidate should be directed to the parties, who are the certifying entities in this case." So here I am.

Could you please tell me who within your party is responsible for certifying that your candidates are eligible to run for office?

I appreciate your attention to this matter.

Sincerely,

Justin W. Riggs

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I'll let you know what I hear back, as soon as I hear it!

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