Circuit Judge Terry P. Lewis has the dismissed the amended complaint in the Florida ballot challenge, Voeltz v. Obama with prejudice (it cannot be fixed with amendment). In an 7 page order, Judge Lewis cited several reasons for the dismissal, most importantly that Florida law does not provide for challenges to presidential party primaries in the state.
Judge Lewis made the following additional points:
- Under Florida law, the Secretary of State has no duty or even authority to inquire as to the eligibility of candidates.
- As a matter of law, persons born in the United States are citizens at birth and eligible to the Presidency (citing Hollander v. McCain and Ankeny v. Governor of Indiana).
- Plaintiff does not have standing to bring a claim for declaratory judgment.
Judge Lewis, dismissing the complaint with prejudice, said:
I am unable to conceive of any other legal theory upon which the Plaintiff could proceed at this time relative to the relief sought.
Plaintiff Voeltz previously described Judge Lewis as “professional” and “fair.” The decision follows.