Showing posts with label Republicans. Show all posts
Showing posts with label Republicans. Show all posts

More from Tennessee - Waiting to be Contacted by the FBI

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

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

Lamar Alexander FBI Contacted

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

1st Response to Senator Alexander

Blake Hall, RNC General Counsel

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

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

January 5, 2009

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


RECORDS REQUEST

Dear Records Request Officer:

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

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

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

Thank you for your assistance in this matter.

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

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!

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

Mr. Lee,

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

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

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

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

Thanks again,
Your Fellow Citizen,
Justin W. Riggs

Jean Inman, Secretary of the Republican National Committee

Ms. Inman,

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

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

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

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

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

Thanks again,
Your Fellow Citizen,
Justin W. Riggs

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

Question Regarding Filing a Complaint Against State Political Parties

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

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

Ms. Geiger,

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

"The Colorado Secretary of State's office, has received numerous calls and emails inquiring into the procedures undertaken to ensure that presidential candidates are qualified to be placed on the ballot. This email is intended to answer your questions regarding the qualifications of candidates for the office of President of the United States.First, please understand that, pursuant to Colorado statute, the process of nominating and certifying presidential candidates to the ballot is party-oriented; candidates are certified to the state and, therefore, the legal responsibility for confirming citizenship (or any other qualification) lies with the certifying entity.Any questions regarding the qualifications of a presidential candidate should be directed to the parties, who are the certifying entities in this case."

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

Sincerely,

Justin W. Riggs

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

Mr. Riggs:

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

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

Mr. Bratton, et al...

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

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

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

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

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

Sincerely,

Justin W. Riggs

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

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

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

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

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

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

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

Thank you.

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

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

Thanks again...

Justin

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

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

Colorado GOP Legal Counsel

This has become something of a legal question, so I thought I would approach the legal counsel of both state party organizations. Here's the letter I sent to Mr. Call, legal counsel for the Colorado GOP:

------------
Mr. Call,

In a communication from the Colorado Secretary of State's office they state:

"pursuant to Colorado statute, the process of nominating and certifying presidential candidates to the ballot is party-oriented; candidates are certified to the state and, therefore, the legal responsibility for confirming citizenship (or any other qualification) lies with the certifying entity."

At this time, I am seeking an official response from the Colorado Republican Party (CRP) regarding what process and procedures were in place during the 2008 general election that ensured that the CRP met their legal responsibility as outlined by the Secretary of State's office. Specifically, the information I'm looking for is:

1) What individual, individuals, group, or groups is/are/were responsible for checking the Republican Party's presidential candidate's qualifications for office (including both party and Constitutional eligibility requirements)?

2) When does the verification process take place, and in 2008, when was the determination made that Sen. John McCain was eligible to hold the office of President, and that the party could certify his name to the Secretary of State as an eligible candidate?

3) What evidence was provided by Mr. McCain to the state party that caused that determination to be made?
I thank you for your assistance in this matter, and look forward to your timely response.

Sincerely,

Justin W. Riggs

Republican National Committee's Lawyers

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

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

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

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

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

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

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

Maryland's Certificate of Nominations

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

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

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

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

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

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

Sincerely,
Your Fellow Citizen,
Justin W. Riggs

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

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.