June 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.)
The 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.