Flash! All three objections were overruled today.
Michael D. Jackson filed a complaint with the Illinois State Board of Elections, one of three filed and scheduled for a hearing today (the others are Benjamin Freeman and Amanda Martin). I expected a flurry of post-nomination challenges at the state level, now that Barack Obama is officially the nominee of the Democratic Party. Various states impose tight limits on the timing of such challenges, and of course due to the short time between now and the November election, the hearing of challenges is expedited. Jackson’s hearing is scheduled for 10:30 am.
In the complaint Jackson argues that under Illinois law, he has legal standing to make a challenge to Barack Obama’s appearance on the ballot in Illinois. I was going to write that Jackson claims Obama is not eligible because of the foreign citizenship of his father, but I’m not sure he comes out and says this. He cites Minor v. Happersett and makes a point of showing that Barack Obama, Sr. was not a US Citizen. Jackson then goes on to discuss the Maricopa County Sheriff’s Office investigation (failing to note that the investigation was not done by the Sheriff’s Office, but by a volunteer auxiliary).
While Jackson alleges that Obama’s birth certificate is a fake, he never alleges that Barack Obama was born outside the United States. Indeed, he says that Barack Obama is not a natural born citizen, but nowhere I can find does he say why.
The only grounds that I can find that Jackson asserts is that Obama is only on the ballot because of a birth certificate he submitted earlier, and since that is a fake, he can’t be on the ballot. In most of the ballot challenges, Barack Obama has not submitted any documentation of his birthplace, but in the prior Jackson challenge, Obama’s attorney did submit a copy of the long form birth certificate along with their motion to strike the objection (which the Board of Elections did). The birth certificate was cited in the rejection of the prior challenge, the hearing officer stating that it establishes that Obama is eligible. However, there is no requirement for a birth certificate in Illinois, so I don’t think Jackson has alleged sufficient facts to make a case, even if what he said was true.
This is one of those odd cases where the birther undermines his own argument. The only legal evidence that Barack Obama’s father is the foreign student Barack Obama Sr. is the birth certificate, which Jackson claims is a fake. He wants the certificate true for the purpose of showing Obama has a foreign father, but false for the purpose of showing he was born in the United States. I say that assuming what I believe Jackson intends to be saying, even though he never actually connects any of his facts and assertions with why Obama isn’t a natural born citizen.
Jackson also asks that James Tenuto, the hearing examiner in Jackson’s previous election challenge, and board chairman William McGuffrage not participate. Jackson thinks McGuffrage is biased. You can read Tenuto’s recommendation in the previous Jackson objection here. Perhaps Jackson didn’t like one thing that Tenuto said about Jackson’s pleading in the prior objection, saying:
Said pleading is illogical, nonsensical and not worthy of consideration.
See what you think about the new one:
Illinois Obama General Election Challenge