This correspondence had an email, with a document attached to it. First the email:
------------
Mr. Sandler,
I've been told that you're office is the correct one to forward this correspondence to. Please find attached some questions regarding the potential release of documents to the public from the DNC. Thank you very much for your time and attention to this matter.
Sincerely,
Your Fellow Citizen,
Justin W. Riggs
------------
Dear Mr. Sandler,
Please allow me to thank you for your prompt and courteous reply to my records request. While I disagree with your assessment of the situation, I respect your judgment, and will proceed with my inquiry through the proper channels.
I thank you for the information regarding the various State Party's Delegate Selection Plans for the 2008 Democratic National Convention. Please know that many of those documents have been reviewed by myself and other concerned citizens. We have also contacted a large number of Secretaries of State, who have unanimously told us that it is the legal responsibility of the political party to ensure that the candidates they put forth for election are legally qualified to serve in the office they are seeking; hence our decision to contact you.
I hope you won't consider it impertinent of me to ask you to clear up some confusion on my part. To the best of my knowledge, each of the State Party's Delegate Selection Plans must comply with the policies, procedures, and rules that are put forth in the Delegate Selection Rules for the 2008 Democratic National Convention that was adopted by the Democratic National Committee on August 19th of last year. In that document, under heading 12 (Presidential Preference), rule K, it states:
1. Based on the right of the Democratic Party to freely assemble and to determine the criteria for its candidates, it is determined that all candidates for the Democratic nomination for President or Vice President shall:
a. be registered to vote, and shall have been registered to vote in the last election for the office of President and Vice President; and
b. have demonstrated a commitment to the goals and objectives of the Democratic Party as determined by the National Chair and will participate in the Convention in good faith.
2. It is further determined that these requirements are in addition to the requirements set forth by the United States Constitution and any law of the United States.
This document leads me to believe that there are policies and procedures that have been established by the party in which a candidate is determined to be legally qualified to hold office. As far as I am able to determine, each of these necessary qualification could be established by the presentation of documentary evidence. I am hopeful that the party will be willing to share this information with the public because in the Delegate Selection Rules it also states, under the heading An Open Party: “The Democratic Party in each state should publicize fully and in such a manner as to assure notice to all interested parties a full description of the legal and practical procedures for selection of Democratic Party officers and representatives on all levels”. I have made this request of my state party, and was rebuffed – perhaps the national party organization is willing to receive a “full description of the legal and practical procedures” for the selection of the Democratic Party's presidential nominee for the office of President of the United States of America. Is there any circumstance under which the Democratic National Party would be willing to share this information with the public? Is there any circumstance under which the party would be willing to share with the public the evidence that was considered in making the determination that Mr. Obama was legally eligible to serve as President under the provisions of the United States Constitution and the Delegate Selection Rules for the 2008 Democratic National Convention?
Finally, please know that I come to you in a spirit of cooperation and, hopefully, coordinated effort. I am anything but a litigious person, and am willing to exhaust any and all necessary efforts to bring this information to light before considering the option of petitioning the judicial branch of our governmental system. I wish you the very best, and eagerly await your response.
Sincerely,
Your Fellow Citizen,
Justin W. Riggs
Showing posts with label Obama. Show all posts
Showing posts with label Obama. Show all posts
A Hand Delivered Letter to Nancy Pelosi?
I received an interesting letter from an an unnamed source today. This person wrote:
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If you want to draft a letter to NP (Nancy Pelosi) regarding the differences in the HI DNC Certification, I have someone who will hand-deliver this to NP in D.C.
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Obviously, I jumped at the offer. Here's the letter I wrote:
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January 2nd, 2009
Congresswoman Nancy Pelosi
Washington, D.C. Office
235 Cannon HOB
Washington, D.C. 20515
202.225.4965
Congresswoman Pelosi,
First, please allow me the opportunity to wish you a Happy New Year, and express my gratitude for the chance to present this letter to you. I know that you are an extremely busy woman, and I will seek to be as brief and to the point as possible.
On the 22nd of December last year, I received a document from the Hawaii Office of Elections that included an Official Certification of Nomination from the Democratic Party that bears your signature on it. On that document, it states in part that: “the following candidates for President and Vice President of the United States (referring to Barack Obama and Joe Biden, respectively) are legally qualified to serve under the provisions of the United States Constitution.” I was interested in this document because it was different from all the other Certifications of Nomination which I have received, which simply state that the candidates had been nominated at the convention. I am assuming that this difference is a result of Section 11-113 of the Hawaii Revised Statutes, which stipulates that the political party of a candidate must provide a statement that the candidate is legally qualified to serve as President under the provisions of the United States Constitution.
As I'm sure you know, there has been some concern on the part of the citizens of this country that Mr. Obama is not eligible to hold the office of President; and, as of yet, no evidence has been made available to the public that would allow for a determination of eligibility to be made. Because you signed your name to this document, I have been asked by other concerned citizens to make a request that you provide us access to and copies of any documents that you used when making a determination of eligibility regarding Mr. Obama's qualifications to serve as President of the United States of America.
Again, I thank you for your time, and eagerly await your response.
Sincerely Yours,
Your Fellow Citizen,
Justin W. Riggs
------------
If I hear anything, I'll post it right away...
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If you want to draft a letter to NP (Nancy Pelosi) regarding the differences in the HI DNC Certification, I have someone who will hand-deliver this to NP in D.C.
------------
Obviously, I jumped at the offer. Here's the letter I wrote:
------------
January 2nd, 2009
Congresswoman Nancy Pelosi
Washington, D.C. Office
235 Cannon HOB
Washington, D.C. 20515
202.225.4965
Congresswoman Pelosi,
First, please allow me the opportunity to wish you a Happy New Year, and express my gratitude for the chance to present this letter to you. I know that you are an extremely busy woman, and I will seek to be as brief and to the point as possible.
On the 22nd of December last year, I received a document from the Hawaii Office of Elections that included an Official Certification of Nomination from the Democratic Party that bears your signature on it. On that document, it states in part that: “the following candidates for President and Vice President of the United States (referring to Barack Obama and Joe Biden, respectively) are legally qualified to serve under the provisions of the United States Constitution.” I was interested in this document because it was different from all the other Certifications of Nomination which I have received, which simply state that the candidates had been nominated at the convention. I am assuming that this difference is a result of Section 11-113 of the Hawaii Revised Statutes, which stipulates that the political party of a candidate must provide a statement that the candidate is legally qualified to serve as President under the provisions of the United States Constitution.
As I'm sure you know, there has been some concern on the part of the citizens of this country that Mr. Obama is not eligible to hold the office of President; and, as of yet, no evidence has been made available to the public that would allow for a determination of eligibility to be made. Because you signed your name to this document, I have been asked by other concerned citizens to make a request that you provide us access to and copies of any documents that you used when making a determination of eligibility regarding Mr. Obama's qualifications to serve as President of the United States of America.
Again, I thank you for your time, and eagerly await your response.
Sincerely Yours,
Your Fellow Citizen,
Justin W. Riggs
------------
If I hear anything, I'll post it right away...
Response From the Democratic National Committee Regarding Document Request
Thanks to many new friends from the Plains Radio Network, I received a response to my document request today (note: the request came through others, not directly to my request). It looks like the request has been forwarded on to the legal department for review. Here's a sampling of the emails that were sent by the DNC to various petitioners (I've redacted the names of all senders for the privacy of those involved).
------------
Your request has been forwarded to the appropriate department.
------------
and then:
Already received several duplicate copies. Forwarded to the appropriate department.
------------
in response to a question about what department the correspondence was sent to, the DNC replied:
Legal.
------------
So we've made progress. We should hear back relatively soon, I would hope. I'll post something here as soon as there's news fit to print...
------------
Your request has been forwarded to the appropriate department.
------------
and then:
Already received several duplicate copies. Forwarded to the appropriate department.
------------
in response to a question about what department the correspondence was sent to, the DNC replied:
Legal.
------------
So we've made progress. We should hear back relatively soon, I would hope. I'll post something here as soon as there's news fit to print...
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 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 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
A Former Democratic Party Committee Chairman
I've had a hard time getting through to the national level of the Democratic so far, so today I decided to find a former chairman and pose my questions to him/her. The person I found was Terry McCauliffe. Here is the message I sent him:
-----------
Mr. McCauliffe,
I work for a small blog called www.yourfellowcitizen.com that is dedicated to answering the questions:
1) Who verifies that presidential candidates are eligible to hold the office they're running for?
2) When does the verification process take place? and
3) What evidence is provided by the candidate that allows a determination of eligibility to be made?
As a former Democratic National Committee Chairman, I was hoping you might be able to answer some of these questions for me and my audience.
In the 2008 Delegate Selection Plan it states:
1. Based on the right of the Democratic Party to freely assemble and to determine the
criteria for its candidates, it is determined that all candidates for the Democratic
nomination for President or Vice President shall:
a. be registered to vote, and shall have been registered to vote in the last
election for the office of President and Vice President; and
b. have demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair and will participate
in the Convention in good faith.
2. It is further determined that these requirements are in addition to the requirements
set forth by the United States Constitution and any law of the United States.
Obviously, if the party has requirements, I am sure they also have an enforcement mechanism in place to make sure those requirements are met. My reading of this particular clause leads me to believe that the candidate's qualifications must be verified sometime after he/she officially becomes a candidate (filing with the FEC?) and sometime before he/she is nominated. I say this because the above clause specifically says that "all candidates for the nomination shall" have met those requirements.
Any insights you might be able to offer into this process would be most appreciated. I thank you for your time, and for your consideration of my request.
Sincerely,
Your Fellow Citizen,
Justin W. Riggs
-----------
Mr. McCauliffe,
I work for a small blog called www.yourfellowcitizen.com that is dedicated to answering the questions:
1) Who verifies that presidential candidates are eligible to hold the office they're running for?
2) When does the verification process take place? and
3) What evidence is provided by the candidate that allows a determination of eligibility to be made?
As a former Democratic National Committee Chairman, I was hoping you might be able to answer some of these questions for me and my audience.
In the 2008 Delegate Selection Plan it states:
1. Based on the right of the Democratic Party to freely assemble and to determine the
criteria for its candidates, it is determined that all candidates for the Democratic
nomination for President or Vice President shall:
a. be registered to vote, and shall have been registered to vote in the last
election for the office of President and Vice President; and
b. have demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair and will participate
in the Convention in good faith.
2. It is further determined that these requirements are in addition to the requirements
set forth by the United States Constitution and any law of the United States.
Obviously, if the party has requirements, I am sure they also have an enforcement mechanism in place to make sure those requirements are met. My reading of this particular clause leads me to believe that the candidate's qualifications must be verified sometime after he/she officially becomes a candidate (filing with the FEC?) and sometime before he/she is nominated. I say this because the above clause specifically says that "all candidates for the nomination shall" have met those requirements.
Any insights you might be able to offer into this process would be most appreciated. I thank you for your time, and for your consideration of my request.
Sincerely,
Your Fellow Citizen,
Justin W. Riggs
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
Roll, Tide, Roll...
BREAKING NEWS: Alabama seems to have the most clear-cut requirements for placing a name on the ballot that I've seen. I wrote a particularly pointed letter to the Honorable Jean Brown, Chief Legal Council at the Alabama Secretary of State's office. Here is the letter, in its entirety:
NOTE: The original letter was sent before it was intended to be. The following is the second email sent to Ms. Brown.
------------
Ms. Brown,
I apologize for the multiple messages. I'm not sure how my other message got sent. My tired fingers must have pressed a button they weren't supposed to!
As I was saying, Section 17-13-6 of the Alabama Code reads:
Only qualified candidates to be listed on ballots.
The name of no candidate shall be printed upon any official ballot used at any primary election unless such person is legally qualified to hold the office for which he or she is a candidate and unless he or she is eligible to vote in the primary election in which he or she seeks to be a candidate and possesses the political qualifications prescribed by the governing body of his or her political party.
My question is this: who is responsible for ensuring that each candidate is "legally qualified to hold the office for which he or she is a candidate"?
For example, the Democratic Party's "Delegate Selection Rules For the 2008 Democratic National Convention" states that:
Based on the right of the Democratic Party to freely assemble and to determine the criteria for its candidates, it is determined that all candidates for the Democratic nomination for President or Vice President shall:
a. be registered to vote, and shall have been registered to vote in the last
election for the office of President and Vice President; and
b. have demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair and will participate
in the Convention in good faith.
2. It is further determined that these requirements are in addition to the requirements set forth by the United States Constitution and any law of the United States.
I want to make sure my question is clear, so let's take Barack Obama as an example. According to the Alabama Code, Obama's name should have appeared on the primary ballot only if:
a) he was legally qualified to hold the office for which he was a candidate (President)
b) he was eligible to vote in the primary election in which he sought to be a candidate
c) he possessed the political qualifications prescribed by the governing body of his political party, which were:
i) he had to be registered to vote
ii) he had to have been registered to vote in the last election for the office of President
and Vice President
iii) he had to have "demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair"
iv) he had to demonstrate that he would participate in the Convention in good faith
AND
v) he had to meet the requirements set forth by the United States Constitution, and
vi) meet the requirements set forth by any law of the United States
That's a lot of requirements; yet, according to your law, his name couldn't have been printed upon the ballot unless he was legally qualified to hold the office AND possessed the qualifications set out by his own party. Somebody had to check his credentials before placing him on the ballot. Who was it? Or, more generally speaking, who checks the credentials of all candidates placed upon the primary ballot in Alabama, and ensures that Section 17-13-6 of the Alabama Code is enforced?
I want to thank you in advance for your time. I am certain that you are very busy, and I appreciate you taking the time to respond to my request. I will be faxing you a copy of this request as well, and ask that you respond by 5 pm, Friday December 5th. If that will not be possible, please email me with an approximate date by which I can anticipate your response.
I thank you again, and wish you a happy holiday season.
Your Fellow Citizen,
Justin W. Riggs
NOTE: The original letter was sent before it was intended to be. The following is the second email sent to Ms. Brown.
------------
Ms. Brown,
I apologize for the multiple messages. I'm not sure how my other message got sent. My tired fingers must have pressed a button they weren't supposed to!
As I was saying, Section 17-13-6 of the Alabama Code reads:
Only qualified candidates to be listed on ballots.
The name of no candidate shall be printed upon any official ballot used at any primary election unless such person is legally qualified to hold the office for which he or she is a candidate and unless he or she is eligible to vote in the primary election in which he or she seeks to be a candidate and possesses the political qualifications prescribed by the governing body of his or her political party.
My question is this: who is responsible for ensuring that each candidate is "legally qualified to hold the office for which he or she is a candidate"?
For example, the Democratic Party's "Delegate Selection Rules For the 2008 Democratic National Convention" states that:
Based on the right of the Democratic Party to freely assemble and to determine the criteria for its candidates, it is determined that all candidates for the Democratic nomination for President or Vice President shall:
a. be registered to vote, and shall have been registered to vote in the last
election for the office of President and Vice President; and
b. have demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair and will participate
in the Convention in good faith.
2. It is further determined that these requirements are in addition to the requirements set forth by the United States Constitution and any law of the United States.
I want to make sure my question is clear, so let's take Barack Obama as an example. According to the Alabama Code, Obama's name should have appeared on the primary ballot only if:
a) he was legally qualified to hold the office for which he was a candidate (President)
b) he was eligible to vote in the primary election in which he sought to be a candidate
c) he possessed the political qualifications prescribed by the governing body of his political party, which were:
i) he had to be registered to vote
ii) he had to have been registered to vote in the last election for the office of President
and Vice President
iii) he had to have "demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair"
iv) he had to demonstrate that he would participate in the Convention in good faith
AND
v) he had to meet the requirements set forth by the United States Constitution, and
vi) meet the requirements set forth by any law of the United States
That's a lot of requirements; yet, according to your law, his name couldn't have been printed upon the ballot unless he was legally qualified to hold the office AND possessed the qualifications set out by his own party. Somebody had to check his credentials before placing him on the ballot. Who was it? Or, more generally speaking, who checks the credentials of all candidates placed upon the primary ballot in Alabama, and ensures that Section 17-13-6 of the Alabama Code is enforced?
I want to thank you in advance for your time. I am certain that you are very busy, and I appreciate you taking the time to respond to my request. I will be faxing you a copy of this request as well, and ask that you respond by 5 pm, Friday December 5th. If that will not be possible, please email me with an approximate date by which I can anticipate your response.
I thank you again, and wish you a happy holiday season.
Your Fellow Citizen,
Justin W. Riggs
Now We Know the Who (Kind of): UPDATE
UPDATED TOPIC: 12-01-08
Before reading this post, please refer to http://www.yourfellowcitizen.com/2008/11/now-we-know-who-kind-of.html.
Chairwoman Fowler graciously spent a great deal of her time communicating with me by email today. The takeaway, if you don't want to read the messages themselves, is that she has agreed to fax me a copy of the document which enabled her office to certify Barack Obama as eligible for the office of President.
The whole conversation leaves me uneasy, however. According to Ms. Fowler, "The only documentation our state law requires is that the candidate (for any office) certify to the party that he or she meets the requirements of the office." If this is true, I think we have a real conflict of interest in place. The Constitution is the supreme law of the land, and it doesn't make sense (to me) to allow candidates to certify themselves. "I'll take your word for it" doesn't sit quite right with me. Of course, if that's how it works, then that's how it works. I'll take a look at the document, a look at the state law that Ms. Fowler references, and provide another update as soon as possible.
Following is the complete correspondence between Ms. Fowler and I on 12-01-08 (the original message I sent to Ms. Fowler can be found at the link above):
Justin W. Riggs --- On Mon, 12/1/08, Carol Fowlerwrote:
From: Carol Fowler cfowler@SCDP.ORG
Subject: RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
To: juriggs@yahoo.com
Date: Monday, December 1, 2008, 8:15 AM
Where in SC are you?
From: Justin Riggs [mailto:juriggs@yahoo.com]
Sent: Monday, December 01, 2008 11:33 AM
To: Carol Fowler
Subject: RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
Ms. Fowler,
Thank you very much for your prompt reply to my message. I sincerely appreciate it.
I'm not located in South Carolina. I am from Denver, CO. I've been researching the issue of how Presidential candidates get certified as eligible since I learned that both John McCain and Barack Obama had their qualifications questioned during this latest campaign. This is non-partisan, personal research that I'm conducting.
During my research, I've contacted electors, government officials, and party representatives (from both major political parties) from several states, and not had any problem in having documents released to me. In this case, do I need to find a proxy from South Carolina to make the request for me? I'd be happy to do so, if need be.
Again, I thank you for your prompt reply, and look forward to meeting whatever requirements need to be met in order to receive the documents I've requested.
Your Fellow Citizen,
Justin W. Riggs
------------
Justin --- On Mon, 12/1/08, Carol Fowlerwrote:
From: Carol Fowler cfowler@SCDP.ORG
Subject: RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
To: juriggs@yahoo.com
Date: Monday, December 1, 2008, 9:33 AM
The only documentation our state law requires is that the candidate (for any office) certify to the party that he or she meets the requirements of the office.
------------
From: Justin Riggs [mailto:juriggs@yahoo.com]
Sent: Monday, December 01, 2008 12:33 PM
To: Carol Fowler
Subject: Spam:RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
Interesting! Could I have you send me an electronic copy of the document where President-Elect Obama certified to you that he meets the requirements of the office? Thanks again - I appreciate you taking the time to help.
------------
--- On Mon, 12/1/08, Carol Fowlerwrote:
From: Carol Fowler cfowler@SCDP.ORG
Subject: RE: Spam:RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
To: juriggs@yahoo.com
Date: Monday, December 1, 2008, 2:23 PM
I can fax it to you when I get a chance. What’s the number?
------------
Ms. Fowler,
I'm sorry it took me awhile to get back to you. I had to track down a fax machine that could accept a fax without me standing right next to it.
Here's the number you can fax the document(s) to: (303) 873-6101. Just put it to my attention. I understand that you must be very busy, but I request that you please try to fax it by the close of business on December 2nd. Please let me know if that doesn't fit with your schedule.
I don't want you to feel like I'm backing you into a corner, but I'm also interested in getting answers to the original questions I asked. In particular, I'd like to know who in your office has the legal responsibility for certifying the candidates. I simply haven't been able to answer this question up to this point, but certainly someone carries the responsibility.
One last thing (I hope). Could you provide me with a reference to the state law that you referred to earlier in our conversation? You said:
"The only documentation our state law requires is that the candidate (for any office) certify to the party that he or she meets the requirements of the office."
If you could provide me the statute number, it would save me a great deal of time.
Once again, thank you for your help.
Your Fellow Citizen,
Justin W. Riggs
Before reading this post, please refer to http://www.yourfellowcitizen.com/2008/11/now-we-know-who-kind-of.html.
Chairwoman Fowler graciously spent a great deal of her time communicating with me by email today. The takeaway, if you don't want to read the messages themselves, is that she has agreed to fax me a copy of the document which enabled her office to certify Barack Obama as eligible for the office of President.
The whole conversation leaves me uneasy, however. According to Ms. Fowler, "The only documentation our state law requires is that the candidate (for any office) certify to the party that he or she meets the requirements of the office." If this is true, I think we have a real conflict of interest in place. The Constitution is the supreme law of the land, and it doesn't make sense (to me) to allow candidates to certify themselves. "I'll take your word for it" doesn't sit quite right with me. Of course, if that's how it works, then that's how it works. I'll take a look at the document, a look at the state law that Ms. Fowler references, and provide another update as soon as possible.
Following is the complete correspondence between Ms. Fowler and I on 12-01-08 (the original message I sent to Ms. Fowler can be found at the link above):
Justin W. Riggs --- On Mon, 12/1/08, Carol Fowler
From: Carol Fowler cfowler@SCDP.ORG
Subject: RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
To: juriggs@yahoo.com
Date: Monday, December 1, 2008, 8:15 AM
Where in SC are you?
From: Justin Riggs [mailto:juriggs@yahoo.com]
Sent: Monday, December 01, 2008 11:33 AM
To: Carol Fowler
Subject: RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
Ms. Fowler,
Thank you very much for your prompt reply to my message. I sincerely appreciate it.
I'm not located in South Carolina. I am from Denver, CO. I've been researching the issue of how Presidential candidates get certified as eligible since I learned that both John McCain and Barack Obama had their qualifications questioned during this latest campaign. This is non-partisan, personal research that I'm conducting.
During my research, I've contacted electors, government officials, and party representatives (from both major political parties) from several states, and not had any problem in having documents released to me. In this case, do I need to find a proxy from South Carolina to make the request for me? I'd be happy to do so, if need be.
Again, I thank you for your prompt reply, and look forward to meeting whatever requirements need to be met in order to receive the documents I've requested.
Your Fellow Citizen,
Justin W. Riggs
------------
Justin --- On Mon, 12/1/08, Carol Fowler
From: Carol Fowler cfowler@SCDP.ORG
Subject: RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
To: juriggs@yahoo.com
Date: Monday, December 1, 2008, 9:33 AM
The only documentation our state law requires is that the candidate (for any office) certify to the party that he or she meets the requirements of the office.
------------
From: Justin Riggs [mailto:juriggs@yahoo.com]
Sent: Monday, December 01, 2008 12:33 PM
To: Carol Fowler
Subject: Spam:RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
Interesting! Could I have you send me an electronic copy of the document where President-Elect Obama certified to you that he meets the requirements of the office? Thanks again - I appreciate you taking the time to help.
------------
--- On Mon, 12/1/08, Carol Fowler
From: Carol Fowler cfowler@SCDP.ORG
Subject: RE: Spam:RE: Certification of Presidential Candidates Eligibility - *TIME SENSITIVE*
To: juriggs@yahoo.com
Date: Monday, December 1, 2008, 2:23 PM
I can fax it to you when I get a chance. What’s the number?
------------
Ms. Fowler,
I'm sorry it took me awhile to get back to you. I had to track down a fax machine that could accept a fax without me standing right next to it.
Here's the number you can fax the document(s) to: (303) 873-6101. Just put it to my attention. I understand that you must be very busy, but I request that you please try to fax it by the close of business on December 2nd. Please let me know if that doesn't fit with your schedule.
I don't want you to feel like I'm backing you into a corner, but I'm also interested in getting answers to the original questions I asked. In particular, I'd like to know who in your office has the legal responsibility for certifying the candidates. I simply haven't been able to answer this question up to this point, but certainly someone carries the responsibility.
One last thing (I hope). Could you provide me with a reference to the state law that you referred to earlier in our conversation? You said:
"The only documentation our state law requires is that the candidate (for any office) certify to the party that he or she meets the requirements of the office."
If you could provide me the statute number, it would save me a great deal of time.
Once again, thank you for your help.
Your Fellow Citizen,
Justin W. Riggs
Now We Know the Who (Kind of) - UPDATED
Update 11/29/08
It seems that the pieces of the puzzle are beginning to come together. This morning I woke up to interesting news. At http://americamustknow.com/Documents/southcarolinabologna.pdf I found a document from the Chair of the South Carolina Democratic party certifying that the party's candidates were and are eligible to hold the offices they were running for. This would, of course, include the Presidential candidate.
Being interested in the matter, I of course drafted a letter to Ms. Fowler right away. Here it is in its entirety:
Chairwoman Fowler,
According to a document from you to the South Carolina Election Commission dated August 14, 2008, you stated that:
"In accordance with South Carolina Code of Laws 7-13-350 and 7-11-15, as amended, the South Carolina Democratic Party is pleased to submit our list of Democratic candidates for the 2008 general election ballot.
The South Carolina Democratic Party certifies that each candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office for which he/she has filed.
If you have any questions, please do not hesitate to contact our office at 803-799-7798."
Instead of contacting your office by phone, I thought email might be more convenient. I have three questions that I hope you might be able to answer for me:
1) What individual or group of individuals was legally responsible for certifying that Barack Obama was and is eligible to hold the office of President?
2) Will you please provide a detailed chronology of the certification process, including the date and time that the final determination to certify was made?
3) Will you please provide a complete list of all documentary evidence that was required from then-Senator Obama by your office in regards to the certification process.
If for any reason you cannot provide some or all of the information I have requested, please provide specific and detailed reasoning as to why that information was not or may not be released to the public.
I respectfully request that a written response be sent to this email address (juriggs@yahoo.com) no later than 12:00 pm, Thursday December the 4th, and thank you for your time and attention to this matter.
Your Fellow Citizen,
Justin W. Riggs
------------
Original Post
Here's a good breakthrough. Tonight, based upon the recommendation of a comment left on another site, I went and found the Charter and Bylaws of the United States Democratic Party. After sifting through that, I was led to a document called "The Delegate Selection Rules For the 2008 Democratic National Convention". It was issued by the Democratic Party of the United States, and seems to be approved by Governor Howard Dean, Chairman of the Democratic National Committee.
In that document, on page 18, it states (I don't seem to have any way to attach the file, but it can be found at http://s3.amazonaws.com/apache.3cdn.net/3e5b3bfa1c1718d07f_6rm6bhyc4.pdf):
K. 1. Based on the right of the Democratic Party to freely assemble and to determine the
criteria for its candidates, it is determined that all candidates for the Democratic
nomination for President or Vice President shall:
a. be registered to vote, and shall have been registered to vote in the last
election for the office of President and Vice President; and
b. have demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair and will participate
in the Convention in good faith.
2. It is further determined that these requirements are in addition to the requirements set forth by the United States Constitution and any law of the United States. (my emphasis)
Here we can see that the Democratic Party explicitly states that their Presidential candidate shall meet several requirements, including those "set forth by the Constitution". What's missing is, of course, a) who within the party makes sure that the candidate meets the requirements, b) when they are supposed to do this, and c) what evidence is required of the candidate to prove eligibility. This is a big step forward, though. Now we know where to focus our efforts.
If there are any readers out there who would like to help in this effort, simply write your state's Democratic Party headquarters, and then the national headquarters. Ask (don't demand) for this information to be released to the public. Write more than once. One lesson I've learned about government is that nothing is achieved through force - it is achieved through constant and steady pressure.
The party has set out its requirements for all to see. Now they need to share with us how they ensure those requirements are met.
It seems that the pieces of the puzzle are beginning to come together. This morning I woke up to interesting news. At http://americamustknow.com/Documents/southcarolinabologna.pdf I found a document from the Chair of the South Carolina Democratic party certifying that the party's candidates were and are eligible to hold the offices they were running for. This would, of course, include the Presidential candidate.
Being interested in the matter, I of course drafted a letter to Ms. Fowler right away. Here it is in its entirety:
Chairwoman Fowler,
According to a document from you to the South Carolina Election Commission dated August 14, 2008, you stated that:
"In accordance with South Carolina Code of Laws 7-13-350 and 7-11-15, as amended, the South Carolina Democratic Party is pleased to submit our list of Democratic candidates for the 2008 general election ballot.
The South Carolina Democratic Party certifies that each candidate meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for the office for which he/she has filed.
If you have any questions, please do not hesitate to contact our office at 803-799-7798."
Instead of contacting your office by phone, I thought email might be more convenient. I have three questions that I hope you might be able to answer for me:
1) What individual or group of individuals was legally responsible for certifying that Barack Obama was and is eligible to hold the office of President?
2) Will you please provide a detailed chronology of the certification process, including the date and time that the final determination to certify was made?
3) Will you please provide a complete list of all documentary evidence that was required from then-Senator Obama by your office in regards to the certification process.
If for any reason you cannot provide some or all of the information I have requested, please provide specific and detailed reasoning as to why that information was not or may not be released to the public.
I respectfully request that a written response be sent to this email address (juriggs@yahoo.com) no later than 12:00 pm, Thursday December the 4th, and thank you for your time and attention to this matter.
Your Fellow Citizen,
Justin W. Riggs
------------
Original Post
Here's a good breakthrough. Tonight, based upon the recommendation of a comment left on another site, I went and found the Charter and Bylaws of the United States Democratic Party. After sifting through that, I was led to a document called "The Delegate Selection Rules For the 2008 Democratic National Convention". It was issued by the Democratic Party of the United States, and seems to be approved by Governor Howard Dean, Chairman of the Democratic National Committee.
In that document, on page 18, it states (I don't seem to have any way to attach the file, but it can be found at http://s3.amazonaws.com/apache.3cdn.net/3e5b3bfa1c1718d07f_6rm6bhyc4.pdf):
K. 1. Based on the right of the Democratic Party to freely assemble and to determine the
criteria for its candidates, it is determined that all candidates for the Democratic
nomination for President or Vice President shall:
a. be registered to vote, and shall have been registered to vote in the last
election for the office of President and Vice President; and
b. have demonstrated a commitment to the goals and objectives of the
Democratic Party as determined by the National Chair and will participate
in the Convention in good faith.
2. It is further determined that these requirements are in addition to the requirements set forth by the United States Constitution and any law of the United States. (my emphasis)
Here we can see that the Democratic Party explicitly states that their Presidential candidate shall meet several requirements, including those "set forth by the Constitution". What's missing is, of course, a) who within the party makes sure that the candidate meets the requirements, b) when they are supposed to do this, and c) what evidence is required of the candidate to prove eligibility. This is a big step forward, though. Now we know where to focus our efforts.
If there are any readers out there who would like to help in this effort, simply write your state's Democratic Party headquarters, and then the national headquarters. Ask (don't demand) for this information to be released to the public. Write more than once. One lesson I've learned about government is that nothing is achieved through force - it is achieved through constant and steady pressure.
The party has set out its requirements for all to see. Now they need to share with us how they ensure those requirements are met.
National Party Chairmen
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
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
Almost Exciting
Last night, as I was researching, breaking news occured: someone had found a document that showed that Nancy Pelosi had certified Barack Obama as eligible to hold the Office of President. I was elated - here was my answer! I contacted the individual who had the document, and asked him to email it to me as soon as possible. Graciously, he sent it over within minutes. Unfortunately, the document didn't show what I was hoping. Instead, it just showed that Pelosi had certified that Obama had been nominated to be the Democratic Party's candidate for President - quite a different thing. Here's a link to the document:
http://countusout.wordpress.com/2008/11/26/foia-request-response-from-va-document-from-va-sos-signed-by-nancy-pelosi-stating-that-pelosi-certified-obamas-qualifications/dnc-certification_of_nomination-082908-2/
After seeing this, I felt like I needed to post a comment, making sure that everyone understood what the document actually said. I did, and eventually, it was turned into a post on another site. Here's the link to that:
http://countusout.wordpress.com/2008/11/27/pelosi-certifying-the-party-nominated-obama/#comment-3552
Hopefully, we'll get to the bottom of this. I guess it wouldn't hurt to contact Ms. Pelosi and ask her if she knows who certified Obama as eligible. Howard Dean as well, since he's the Chairman of the party. This project is starting to eat up a bit of time!!
http://countusout.wordpress.com/2008/11/26/foia-request-response-from-va-document-from-va-sos-signed-by-nancy-pelosi-stating-that-pelosi-certified-obamas-qualifications/dnc-certification_of_nomination-082908-2/
After seeing this, I felt like I needed to post a comment, making sure that everyone understood what the document actually said. I did, and eventually, it was turned into a post on another site. Here's the link to that:
http://countusout.wordpress.com/2008/11/27/pelosi-certifying-the-party-nominated-obama/#comment-3552
Hopefully, we'll get to the bottom of this. I guess it wouldn't hurt to contact Ms. Pelosi and ask her if she knows who certified Obama as eligible. Howard Dean as well, since he's the Chairman of the party. This project is starting to eat up a bit of time!!
Some Small Confusion
In Wrotnowski vs Bysiewicz, a lawsuit originally filed in Connecticut, the Plaintiff references an email from Bysiewicz in which she states:
“Likewise, neither the Connecticut General Statutes nor the Constitution of the State of Connecticut authorizes me to investigate a Presidential candidate’s eligibility to run for the office of President of the United States. Because this is a matter prescribed in the Constitution of the United States, and absent any authority and/or procedures in our state constitution, the question of the verification of a Presidential candidate’s status as a “natural born” citizen is a federal matter subject to U.S. Congressional action…”
This leaves me a little bit confused, because as you'll remember, my Secretary of State's office said that the question of verification of a Presidential candidate's status was the candidate's party's legal responsibility. This Secretary of State says that verification is a "federal matter subject to U.S. Congressional action...". I don't even know what that means!
Later in his filing, Mr.Wrotnowski claims that "the “national system” to which Secretary Bysiewicz refers to does not exist and/or has provided no remedy." He mentions that the FEC does not verify any candidates eligibility (which means we can cross another organization off our list!). But there is that pesky "and/or" in there.
What "Congressional action" is the SoS referring to? Does it or does it not exist? Looks like more homework for me...
“Likewise, neither the Connecticut General Statutes nor the Constitution of the State of Connecticut authorizes me to investigate a Presidential candidate’s eligibility to run for the office of President of the United States. Because this is a matter prescribed in the Constitution of the United States, and absent any authority and/or procedures in our state constitution, the question of the verification of a Presidential candidate’s status as a “natural born” citizen is a federal matter subject to U.S. Congressional action…”
This leaves me a little bit confused, because as you'll remember, my Secretary of State's office said that the question of verification of a Presidential candidate's status was the candidate's party's legal responsibility. This Secretary of State says that verification is a "federal matter subject to U.S. Congressional action...". I don't even know what that means!
Later in his filing, Mr.Wrotnowski claims that "the “national system” to which Secretary Bysiewicz refers to does not exist and/or has provided no remedy." He mentions that the FEC does not verify any candidates eligibility (which means we can cross another organization off our list!). But there is that pesky "and/or" in there.
What "Congressional action" is the SoS referring to? Does it or does it not exist? Looks like more homework for me...
The Colorado Democratic Party
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!
Somebody Else Who Doesn't Have Authority - I Think
So, after looking at NARA's website and seeing that they don't have the authority to certify candidates, I took their advice and contacted my Secretary of State's office. I wrote three different letters, but I'll only post the one about the Presidential candidates here:
Sent to http://www.elections.colorado.gov/DDefault.aspx?tid=637
Your Email: juriggs@yahoo.com
Your Name: Justin Riggs
Subject: Ensuring candidates meet qualifications
In a document posted on your website entitled "ACCESS TO COLORADO GENERAL ELECTION BALLOT; CANDIDATES FOR PRESIDENT AND VICE PRESIDENT" it states that a Presidential candidate must:
a) be a natural-born citizen
b) be 35 years of age or older
c) have been 14 years a resident within the United States
How do you ensure that the qualifications you set out in this document are met? What documentary proof do you require?
Thanks so much for taking the time to respond to my questions.
Sincerely,
Justin W. Riggs
------------
But minutes after I sent my letters, I stumbled across this posting on http://freerepublic.com/focus/f-news/2137448/replies?c=14 (formatted by me for readability)
"Apparently we have to take the DNC's word that Obama is A-ok.
An email from a friend just now: 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.
Elections Division
Colorado Secretary of State Elections Division
1700 Broadway, Suite 270 Denver, CO 80290
So while this wasn't a response to my letter, I assume I'll get one very similar to it (I wish I had known about this before I wrote my letter - I could have somebody some time). As you can see, this letter is very helpful. It tells us:
a) The Secretary of State's (SoS) office does not have the authority to certify candidates.
b) "the process of nominating and certifying presidential candidates to the ballot is party-oriented." So we're going to need to go to the Colorado Democratic Party next...
c) "the legal responsibility for confirming citizenship (or any other qualification) lies with the certifying entity". This is pretty strong language. They're telling us that the Democratic party has a legal obligation to certify their candidate before they present them to the SoS. So theoretically, our search should almost be over - we should find someone in the party who was authorized to certify the candidate, and there should be documentation surrounding that process.
d) if we want to challenge a particular candidate's eligibility, we should do it through the district court. I'm not particularly interested in this - but others might be, and the SoS just told us where to file our grievance. They even told us what statute to look up - that was nice of them, right?
Phew! That's a lot of info. The most important piece of information (as far as I'm concerned) is that the party is responsible for certifying that their candidate is eligible for the office. So let's find someone to ask from the Colorado Democratic Party!
Sent to http://www.elections.colorado.gov/DDefault.aspx?tid=637
Your Email: juriggs@yahoo.com
Your Name: Justin Riggs
Subject: Ensuring candidates meet qualifications
In a document posted on your website entitled "ACCESS TO COLORADO GENERAL ELECTION BALLOT; CANDIDATES FOR PRESIDENT AND VICE PRESIDENT" it states that a Presidential candidate must:
a) be a natural-born citizen
b) be 35 years of age or older
c) have been 14 years a resident within the United States
How do you ensure that the qualifications you set out in this document are met? What documentary proof do you require?
Thanks so much for taking the time to respond to my questions.
Sincerely,
Justin W. Riggs
------------
But minutes after I sent my letters, I stumbled across this posting on http://freerepublic.com/focus/f-news/2137448/replies?c=14 (formatted by me for readability)
"Apparently we have to take the DNC's word that Obama is A-ok.
An email from a friend just now: 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.
Elections Division
Colorado Secretary of State Elections Division
1700 Broadway, Suite 270 Denver, CO 80290
So while this wasn't a response to my letter, I assume I'll get one very similar to it (I wish I had known about this before I wrote my letter - I could have somebody some time). As you can see, this letter is very helpful. It tells us:
a) The Secretary of State's (SoS) office does not have the authority to certify candidates.
b) "the process of nominating and certifying presidential candidates to the ballot is party-oriented." So we're going to need to go to the Colorado Democratic Party next...
c) "the legal responsibility for confirming citizenship (or any other qualification) lies with the certifying entity". This is pretty strong language. They're telling us that the Democratic party has a legal obligation to certify their candidate before they present them to the SoS. So theoretically, our search should almost be over - we should find someone in the party who was authorized to certify the candidate, and there should be documentation surrounding that process.
d) if we want to challenge a particular candidate's eligibility, we should do it through the district court. I'm not particularly interested in this - but others might be, and the SoS just told us where to file our grievance. They even told us what statute to look up - that was nice of them, right?
Phew! That's a lot of info. The most important piece of information (as far as I'm concerned) is that the party is responsible for certifying that their candidate is eligible for the office. So let's find someone to ask from the Colorado Democratic Party!
State Law to Verify Candidates Eligibility?
I came across a blog post tonight that talked about working with our state representatives to pass a law that would require the Secretary of State to verify a Presidential candidates eligibility for office before placing them on the ballot. This is very much what I would like to do, should I find that there is not currently such a process in place. So I wrote "Phil" (I don't know the last name, just his screen name) a note. I'll let you know what I hear back...
---------------
Phil,
Your idea is right in line with my own thinking. I'm still trying to verify whether or not there is a process that establishes the eligibility of presidential candidates, but my feeling is that I'm going to find that no such process exists.
I, too, would like to begin working with my State Legislature on passing a law requiring the SoS to verify that a candidate is eligible before placing them on the ballot. Are you planning on organizing this type of effort? It would be helpful to have a group of like-minded people to go through this with - I'm sure there will be many challenges along the way.
Please contact me at juriggs@yahoo.com and let me know if there are or aren't plans for an organized approach to your suggestion.
Sincerely,
Justin W. Riggs
------------
the original post that I refer to in my letter can be found at http://www.therightsideoflife.com/?p=852
------------
November 23rd:
Heard back from Phil. Here was his message.
Justin, Please see My Thought: What Happens After the Obama Lawsuits for my take on what you're describing. I have similarly been keeping the Top Stories: PA Candidate Eligibility Bill Post available for a practical example of how to keep this situation from occurring again, going forward. I will similarly be sending you a copy of this comment to your comment via your email.
-Phil
Go to comment
I read the post, which talked about a State Rep. from Pennsylvania who is going to introduce legislation that will force the state to certify that the candidate is eligible before placing them on the ballot. This is exactly the type of legislation I would like to work on with one of my State Reps. It's good to know there are other people out there concerned about this apparent loophole in the political process.
---------------
Phil,
Your idea is right in line with my own thinking. I'm still trying to verify whether or not there is a process that establishes the eligibility of presidential candidates, but my feeling is that I'm going to find that no such process exists.
I, too, would like to begin working with my State Legislature on passing a law requiring the SoS to verify that a candidate is eligible before placing them on the ballot. Are you planning on organizing this type of effort? It would be helpful to have a group of like-minded people to go through this with - I'm sure there will be many challenges along the way.
Please contact me at juriggs@yahoo.com and let me know if there are or aren't plans for an organized approach to your suggestion.
Sincerely,
Justin W. Riggs
------------
the original post that I refer to in my letter can be found at http://www.therightsideoflife.com/?p=852
------------
November 23rd:
Heard back from Phil. Here was his message.
Justin, Please see My Thought: What Happens After the Obama Lawsuits for my take on what you're describing. I have similarly been keeping the Top Stories: PA Candidate Eligibility Bill Post available for a practical example of how to keep this situation from occurring again, going forward. I will similarly be sending you a copy of this comment to your comment via your email.
-Phil
Go to comment
I read the post, which talked about a State Rep. from Pennsylvania who is going to introduce legislation that will force the state to certify that the candidate is eligible before placing them on the ballot. This is exactly the type of legislation I would like to work on with one of my State Reps. It's good to know there are other people out there concerned about this apparent loophole in the political process.
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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