US District Court Judge S. Thomas Anderson ordered the case of Liberty Legal Foundation et al. v. National Democratic Party of the U.S.A, et al. dismissed this past Wednesday.
LLF attempted to keep Barack Obama off the November ballot in Tennessee because, they allege, he was not a “natural born citizen.” The Defense moved for dismissal on several grounds.
The Court, as did I, noted the curious fact that the certificate of write-in candidacy filed by plaintiff Dummett was dated very recently (and introduced in a filing of supplemental authority that the Court has rejected): Judge Anderson wrote:
[T]he exhibit is curiously dated the day after Defendants filed their reply, giving the appearance that the certificate is a device to cure whatever standing problems Plaintiffs may have.
While it may be that opposition candidates have standing to contest the other candidates based on eligibility, the Court found that the Complaint failed to show that the two purported candidates were actually vying for votes in contest with Obama. Judge Anderson wrote:
Neither Plaintiff has alleged that he is a Tennessee political party’s nominee for the office, that his name will appear on the ballot for Tennessee’s general election in November, that he is campaigning in the state of Tennessee, that any registered voter in Tennessee intends to cast a vote for him, or that President Obama’s presence on the ballot will in any way injure either candidate’s campaign.39 In short, Plaintiffs Dummet (sic) and Volodarsky have not alleged that he is truly in competition with President Obama for votes in Tennessee’s general election.
The Court also ruled that the other defendants lacked standing as well.
A twin lawsuit is filed in Arizona.
Read the decision below: