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.
Showing posts with label Colorado. Show all posts
Showing posts with label Colorado. Show all posts
Question Regarding Filing a Complaint Against State Political Parties
Labels:
Colorado,
Constitution,
Democrats,
election,
eligibility,
President,
Republicans,
Secretary of State,
State
Colorado Democratic Party Legal Counsel
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
------------
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
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
------------
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
Colorado Democratic Party Chair States, "(Obama) qualified as a U.S. citizen (While Running for Senator and President) by virtue of his BC"
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
------------
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
Representative Tancredo
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
------------
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
Labels:
Colorado,
Congress,
Constitution,
election,
eligibility,
McCain,
Obama,
President,
Republicans
Colorado Democratic Party - Working Towards An Answer
Today, I decided to refocus on my home state of Colorado. I once again contacted party representatives with the following letter:
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:
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.
With Warm Regards,
Justin
-------------
I hope to hear back from Ms. Waak in the near future.
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.
Labels:
Colorado,
Constitution,
Democrats,
election,
eligibility,
President,
Secretary of State,
State
Review and Comment Meeting
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.
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
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.
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.
Another Try at the State Parties
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
------------
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
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
------------
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
Labels:
Colorado,
Constitution,
Democrats,
election,
eligibility,
Obama,
President,
Secretary of State
The Colorado Democratic Party
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
------------
I'll let you know what I hear back, as soon as I hear it!
Letters to CO electors...
Last night, I sent an email to 7 0f the 9 Democratic Electors who will be representing the state of Colorado at the Electoral College on December 15, 2008 (2 of the email addresses I was provided didn't work - I'll be sending physical letters to these two later this week). The letter I attached to the message read as follows:
November 19, 2008
Dear Sir or Madam:
I am writing to you as a curious and concerned American citizen and resident of the State of Colorado. This election cycle, in which Senator Barack Obama was chosen to lead our nation, raised an interesting issue regarding how we ensure our candidates are qualified for the office they seek. My purpose in writing you today is to extinguish both my curiosity and my concern with factual information.
As you are doubtlessly aware, during this most recent election cycle, both of the major party candidates were, at one time or another, accused of not meeting the Constitutional requirements for holding the office of the Presidency. As you know, Article II, Section I, Clause V of our Constitution states that:
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.
In this election, the allegations brought against both candidates revolved around the “natural born citizen” requirement. My question for you is this: How have you, as an elector representing the State of Colorado, verified that Senator Obama meets the Constitutional requirements for holding the office he has been elected to?
When I first became aware of this issue, my first reaction was a healthy skepticism. My assumption was that there is a standardized process that takes place before the candidate is even allowed to run. I imagined that there are very cut and dried criteria that must be met when establishing whether or not an individual is a natural born citizen of this country, and that there is someone or some group of people who have been granted the authority to certify that each candidate meets the eligibility requirements. Unfortunately, in my own research, I have not been able to locate any evidence that this type of process exists. Would you be so kind as to inform me in a written response, either through electronic or traditional mail:
What the process is
Who is responsible for overseeing that process
Who has the authority to declare that a candidate is eligible
When that process took place during this campaign
Where the public can go to view evidence that the process took place, and that the candidate was found to qualify for the office of the Presidency, and
What positive knowledge or information you possess that makes you certain that Senator Obama meets every necessary requirement to be sworn in as the next President of the United States of America?
You may or may not be aware that there are several individuals throughout the country who are asking electors from their state to obtain the original vault copy of Barack Obama’s birth certificate from the State of Hawaii through a court subpoena. I, personally, find this request extraordinary. However, I also find it extraordinary that, under the circumstances, Senator Obama has not made that document available. It seems a simple request, and one the citizens of America have the right to make of the man who aspires to lead them through these difficult and perilous times we find ourselves in. As an elector, perhaps you can make a direct request for this document to Senator Obama, making it clear that your intent is to verify that he is eligible to hold the office he has been elected to. Rest assured, it would not be difficult for Senator Obama to provide you with this proof – the cost is negligible, and he can request it in various ways that don’t require him to make a trip to Hawaii.
As one of the few people in this country who holds the authority to formally elect Senator Obama into office, I am certain you feel a keen sense of duty to verify that the candidate you will be casting a vote for meets all Constitutional requirements before you elect him to office. I hope you understand that the reason I am writing you today is that I, as a citizen of our State, feel a similar sense of duty to do all that I can to ensure that our electors are fulfilling their duties in a responsible manner. That being said, I look forward to your prompt response and thank you for your selfless service during this historic election.
Your Fellow Citizen,
Justin W. Riggs
(my personal information)
November 19, 2008
Dear Sir or Madam:
I am writing to you as a curious and concerned American citizen and resident of the State of Colorado. This election cycle, in which Senator Barack Obama was chosen to lead our nation, raised an interesting issue regarding how we ensure our candidates are qualified for the office they seek. My purpose in writing you today is to extinguish both my curiosity and my concern with factual information.
As you are doubtlessly aware, during this most recent election cycle, both of the major party candidates were, at one time or another, accused of not meeting the Constitutional requirements for holding the office of the Presidency. As you know, Article II, Section I, Clause V of our Constitution states that:
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.
In this election, the allegations brought against both candidates revolved around the “natural born citizen” requirement. My question for you is this: How have you, as an elector representing the State of Colorado, verified that Senator Obama meets the Constitutional requirements for holding the office he has been elected to?
When I first became aware of this issue, my first reaction was a healthy skepticism. My assumption was that there is a standardized process that takes place before the candidate is even allowed to run. I imagined that there are very cut and dried criteria that must be met when establishing whether or not an individual is a natural born citizen of this country, and that there is someone or some group of people who have been granted the authority to certify that each candidate meets the eligibility requirements. Unfortunately, in my own research, I have not been able to locate any evidence that this type of process exists. Would you be so kind as to inform me in a written response, either through electronic or traditional mail:
What the process is
Who is responsible for overseeing that process
Who has the authority to declare that a candidate is eligible
When that process took place during this campaign
Where the public can go to view evidence that the process took place, and that the candidate was found to qualify for the office of the Presidency, and
What positive knowledge or information you possess that makes you certain that Senator Obama meets every necessary requirement to be sworn in as the next President of the United States of America?
You may or may not be aware that there are several individuals throughout the country who are asking electors from their state to obtain the original vault copy of Barack Obama’s birth certificate from the State of Hawaii through a court subpoena. I, personally, find this request extraordinary. However, I also find it extraordinary that, under the circumstances, Senator Obama has not made that document available. It seems a simple request, and one the citizens of America have the right to make of the man who aspires to lead them through these difficult and perilous times we find ourselves in. As an elector, perhaps you can make a direct request for this document to Senator Obama, making it clear that your intent is to verify that he is eligible to hold the office he has been elected to. Rest assured, it would not be difficult for Senator Obama to provide you with this proof – the cost is negligible, and he can request it in various ways that don’t require him to make a trip to Hawaii.
As one of the few people in this country who holds the authority to formally elect Senator Obama into office, I am certain you feel a keen sense of duty to verify that the candidate you will be casting a vote for meets all Constitutional requirements before you elect him to office. I hope you understand that the reason I am writing you today is that I, as a citizen of our State, feel a similar sense of duty to do all that I can to ensure that our electors are fulfilling their duties in a responsible manner. That being said, I look forward to your prompt response and thank you for your selfless service during this historic election.
Your Fellow Citizen,
Justin W. Riggs
(my personal information)
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