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Challengers bustin’ out all over

Photo of Pamela Barnett with Pastor ManningJune is still a few months away, but birther ballot challenges are bustin’ out all over (and I’m running out of snappy headlines). It’s the June 5 California Primary, this time, with Edward Noonan, Sharon Chickering, George Miller, Tony Dolz, Neil Turner, Gary Wilmott and familiar birther activist, and former Orly Taitz military plaintiff, Pamela Barnett taking on the veteran birther lawsuit defender, California Secretary of State Debra Bowen. (Barnett is shown here in a photo with Pastor James David Manning during his Blood of Jesus v. Obama mock trial in Harlem.)

California Secretary of State Debra BowenThe venue is the Sacramento County Superior Court and the defendants are Secretary of State Bowen, Barack Obama and the Obama campaign committee Organizing for America. Bowen (pictured left) says that she will be in court on April 20 to present her response and assert that the Petitioners “fail to state a cause of action.”

The Petitioners seek [link to text of the petition] to keep Obama from raising money in California in addition to removing him from the ballot. The Petition is filed under the State’s Elections Code §13314 (text following). Petitioners cite the historical precedent of the removal of Eldridge Cleaver from the ballot in 1968 (ineligible because of age) by then Secretary Frank Jordan.

The Petitioners argue that Barack Obama should be barred from the ballot because his father was not a US Citizen, citing Minor v. Happersett for a definition of “natural born citizen.” Petitioners assert that the Secretary of state has a “ministerial duty” to investigate possible fraud related to the eligibility of Barack Obama.

Elections Code §13314

(a) (1) An elector may seek a writ of mandate alleging that an error or omission has occurred, or is about to occur, in the placing of a name on, or in the printing of, a ballot, sample ballot, voter pamphlet, or other official matter, or that any neglect of duty has occurred, or is about to occur.

(2) A peremptory writ of mandate shall issue only upon proof of both of the following:

(A) That the error, omission, or neglect is in violation of this code or the Constitution.

(B) That issuance of the writ will not substantially interfere with the conduct of the election.

(3) The action or appeal shall have priority over all other civil matters.

(4) The Secretary of State shall be named as a respondent or a real party in interest in any proceeding under this section concerning a measure or a candidate described in Section 15375, except for a candidate for judge of the superior court.

(b) Venue for a proceeding under this section shall be exclusively in Sacramento County in any of the following cases:

(1) The Secretary of State is named as a real party in interest or as a respondent.

(2) A candidate for statewide elective office is named as a party.

(3) A statewide measure that is to be placed on the ballot is the subject of the proceeding.

SoS Demurrer

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21 Responses to Challengers bustin’ out all over

  1. avatar
    sfjeff February 18, 2012 at 12:50 pm #

    So close, yet so far. I am certainly not going to take time off to go to Sacramento for this, but…..if it was in SF, I would find the time….wonder if they allow popcorn into the proceedings?

  2. avatar
    Bob February 18, 2012 at 12:53 pm #

    Watching challenges fail in all fifty states will be just delightful.

  3. avatar
    Thinker February 18, 2012 at 2:10 pm #

    Wait–aren’t birfers soliciting money to pay Larry Klayman to file a ballot challenge in CA? I guess Klayman will be submitting the First Amended Complaint mandated by the Birfer Rules of Civil Procedure.

  4. avatar
    donna February 18, 2012 at 2:56 pm #

    taitz filed a motion for reconsideration in nh

    http://nativeborncitizen.wordpress.com/2012/02/18/nh-orly-v-obama-next-attempt/

    foggy’s comment (before it’s deleted)

    I’m sure it was just an oversight that you failed to tell the New Hampshire Secretary of State that the judge who heard all that “witness sworn testimony and exhibits entered into evidence” ruled that your experts are not experts in anything relevant and your evidence didn’t come close to proving what you think it proves.

    But that’s OK, babydoll. I’ll be glad to fill in the gap with a letter to the Secretary of State of New Hampshire describing more fully your epic failure. Did you see me at the hearing? I saw you, but you were too busy lying to the television weenies.

  5. avatar
    Dr. Conspiracy February 18, 2012 at 3:46 pm #

    Oh my!

    donna: foggy’s comment

  6. avatar
    Terri February 18, 2012 at 5:06 pm #

    Doc,

    Have you run into this nut yet?

    Geir Smith
    YOu OBOTS ARE CLOWNS. Your own DOc Holliday has turned against you and is the main source of updated (reliable….he’s gone birther!) news. http://www.obamaconspiracy.org/2012/02/challengers-bustin-out-all-over/ Challengers bustin’ out all over | Obama Conspiracy Theories 2.1

    Geir Smith Obots have lost their ally Doc Conspiracy. He’s reporting what’s embarrassing for you all.

    Geir Smith
    http://www.obamaconspiracy.org/2012/02/birther-ballot-challenge-menu-feature/ Obama Conspiracy Theories is aiming at being the first source for the final stretch. Birther Ballot Challenge menu feature

    Geir Smith Davidia I understand you want to close your eyes and sleep through this one. The Obot (Obama Conspiracy Theories) who switched on your Obama Camp is sure bad news for you. They’re all switching now. The ballot challenges that are lining up, will be hell on earth for Obama and you fanatical cultists who follow him.

  7. avatar
    Rickey February 18, 2012 at 5:38 pm #

    Terri:
    Doc,

    Have you run into this nut yet?

    Geir Smith

    He posted here for a while last month, predicting that the Georgia eligibility hearing was going to be the end of Obama. That was the last we heard from him, I believe. There is a Facebook page titled “Geir Smith is the Messiah.”

  8. avatar
    G February 18, 2012 at 5:49 pm #

    That is correct. He is some delusional religious nut that appears to be operating out of France and is on some weird “end times” kick and somehow ties that into Obama.

    He posted a bunch of quackery over here for about a month or so. Yeah, the GA case didn’t go as he boldly predicted…so he’s been predictably “quiet” about admitting that. No surprise.

    He’s so far off the deep end that he’s not worth paying attention to.

    Rickey: He posted here for a while last month, predicting that the Georgia eligibility hearing was going to be the end of Obama. That was the last we heard from him, I believe. There is a Facebook page titled “Geir Smith is the Messiah.”

  9. avatar
    Terri February 18, 2012 at 5:55 pm #

    Yes Rickey and G, know about the FB page, he’s Spaming big on Orly’s FB page now, same shit over and over he’s on a kick Doc and Manning kick today……

    http://www.facebook.com/dr.orly.taitz

  10. avatar
    Dr. Conspiracy February 18, 2012 at 6:34 pm #

    Yes, he’s a US ex-at living in France. I banned him from here.

    I’ve been doing some straight reporting about the ballot challenges, trying to accurately represent them. I don’t have to tack onto each one: “this is crap.” They are all crap.

    Terri: Have you run into this nut yet?

  11. avatar
    Thomas Brown February 18, 2012 at 9:44 pm #

    I love Geir Smith’s thinking Doc had become a Birfer. It just goes to show how Birfer morons are prone to thinking they’ll soon be drinking cool, life-giving water out of desert mirages.

    What buffoons.

  12. avatar
    Lupin February 19, 2012 at 2:39 am #

    G: That is correct. He is some delusional religious nut that appears to be operating out of France and is on some weird “end times” kick and somehow ties that into Obama.

    Born in the USA, raised in France by Norwegian parents. Crazy guy who thinks he’s the Messiah and Obama the Antichrist.

  13. avatar
    misha February 19, 2012 at 3:24 am #

    Lupin: Crazy guy who thinks…Obama the Antichrist.

    It is physically impossible for Obama to be the Antichrist:

    John Hagee – The anti-Christ will be Jewish, as was Adolf Hitler, as was Karl Marx.
    Jerry Falwell – The anti-Christ is walking among us in the shape of a male Jew.

    Note to Geir Smith: I am the anti-Christ. Muwahahahahahahahahah…Brought to you by the International Jewish Conspiracy™.

  14. avatar
    G February 19, 2012 at 3:32 am #

    My condolences that he is sullying your great country at the moment…

    On another note, did you ever check out those “Les Jeunes De Paris” SNL (Saturday Night Live) skits I recommended to you… to show the current USA take on French humor… there are at least 5 or 6 skits so far…maybe more:

    http://www.youtube.com/results?search_query=les+jeunes+de+paris&oq=les+jeunes+&aq=0&aqi=g10&aql=&gs_sm=1&gs_upl=1556l5095l0l8353l15l12l2l1l1l0l280l1262l2.3.3l8l0

    Lupin: Born in the USA, raised in France by Norwegian parents. Crazy guy who thinks he’s the Messiah and Obama the Antichrist.

  15. avatar
    Rickey February 19, 2012 at 3:44 am #

    G:
    That is correct.He is some delusional religious nut that appears to be operating out of France and is on some weird “end times” kick and somehow ties that into Obama.

    He’s made a big deal over his claim that one of the winning Pick 3 lottery numbers in Illinois was 666 on the day Obama was elected. One problem with his theory is that 666 was a winning number the day AFTER election day.

  16. avatar
    Lupin February 19, 2012 at 6:17 am #

    G: On another note, did you ever check out those “Les Jeunes De Paris” SNL (Saturday Night Live) skits I recommended to you… to show the current USA take on French humor… there are at least 5 or 6 skits so far…maybe more:

    We have our share of crazies (think the Raelian cult) although this one isn’t homegrown (so to speak) and also, we go after them. The Scientology just lost a major criminal lawsuit, for example.

    Re LES JEUNES… Funnily enough I thought it looked old-fashioned, kind of 1950s/1960s… Funny but in Fonzie/HAPPY DAYS sort of way.

  17. avatar
    GeorgetownJD February 19, 2012 at 8:31 am #

    Ruh roh, Doc. Hyperbolic birther fan fiction writer Martha Trowbridge has you in her crosshairs over at hyperbolic birther blog P&E.

    Apparently the conspiracy theorist sees a concerted effort by us to confound and attack her.

  18. avatar
    Zachary Bravos February 19, 2012 at 11:15 am #

    I’m not an election attorney and in my state (Illinois) common law writs have been abolished, so I have never litigated a “prerogative writ.” Nonetheless I read through the petition and I must say that it is infinitely better drafted and than anything I have seen from Orly Taitz. Still nonsense but at least presented clearly. Oddly, that makes it easier to attack since good pleadings frame the issues better.

  19. avatar
    G February 19, 2012 at 3:37 pm #

    So, you’ve got a bunch of Raelian’s still, eh? LOL! I know that France is where the whole thing started back in the 70’s, but I thought the founder moved to Canada… so I didn’t realize that the movement is still big over in your country.

    Like the Scientologists, they are a modern cult religion, heavily mixing sci-fi/religious themes with what always seems like a tax-sheltered money making scam… Hmmm… maybe they are not so different from the major religions after all… 😉

    The Raelians always came across to me as a mix of 70’s-era Hippies blended into the writings of Erich van Däniken with several splashes of Mormon like mythology added in for good measure.

    I’ve never run into one in person, so I have no idea how much of a US footprint they have, but I’ve heard that there are quite a few of them in Canada.

    Lupin: We have our share of crazies (think the Raelian cult) although this one isn’t homegrown (so to speak) and also, we go after them. The Scientology just lost a major criminal lawsuit, for example.

    LOL! Great “Happy Days” analogy. Glad I could share those with you. It is definitely one of my favorite reoccuring SNL skits.

    Lupin: Re LES JEUNES… Funnily enough I thought it looked old-fashioned, kind of 1950s/1960s… Funny but in Fonzie/HAPPY DAYS sort of way.

  20. avatar
    Squeeky Fromm February 20, 2012 at 7:13 pm #

    DrC:

    Here is you a headline: The Beat Goes On

    Oh plus, coincidentally I just did a Internet Article on this:

    http://birtherthinktank.wordpress.com/2012/02/20/the-beat-goes-on-a-parody-song/

    Squeeky Fromm
    Girl Reporter

  21. avatar
    Squeeky Fromm February 22, 2012 at 1:23 pm #

    Here is a video of CDR Kerchner in his Pennsylvania Presser:

    http://birtherthinktank.wordpress.com/2012/02/22/cdr-kerchner-caught-pontificating-in-a-public-place/

    Wulfe St. Teiran posted it on Orly’s World which is where I found it, and wrote a Internet Article about it.

    Squeeky Fromm
    Girl Reporter