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
Showing posts with label McCain. Show all posts
Showing posts with label McCain. Show all posts
Nancy Pelosi and John Boehner
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!
------------
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!
Hawaii Answers TWO of My Questions
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
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
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
Maryland's Certificate of Nominations
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
------------
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
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
National Party Chairmen
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.
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.
Labels:
Constitution,
election,
eligibility,
McCain,
Obama,
President,
Republicans,
Secretary of State
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