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Jackson objection to be heard today in Illinois

OVERRULED

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

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29 Responses to Jackson objection to be heard today in Illinois

  1. avatar
    The Magic M September 17, 2012 at 4:27 am #

    > “With petitioner suffering injury due to the unanswered questions…”

    Why is no birther able to properly plead particularized injury? (Of course because they don’t have any, but at least they could *try*, couldn’t they?)

    This argument practically invites a “no standing” strikedown.

    The rest is partly disconnected (he does not really make an effort to claim Minor specifically limits NBC to having two citizen parents) and partly a fallback to birther Dark Ages (by referring to SR 511 as somehow “authoritative” on the definition of NBC, I mean, I ripped this to shreds on WND years ago).

    So obviously these are the most moronic DIY birther challengers whose arguments don’t just ignore the severe smackdowns the same arguments got in previous cases (he does not argue why Ankeny is allegedly in error, or why WKA is not applicable) and rely on long-rejected non-authoritative “evidence”.

    It’s also nice how he shoots himself in the foot by reminding the board that his arguments were rejected before as utterly stupid. 😉

  2. avatar
    Majority Will September 17, 2012 at 6:11 am #

    This case is no thriller.

  3. avatar
    US Citizen September 17, 2012 at 6:29 am #

    Majority Will:
    This case is no thriller.

    That was BAD!

  4. avatar
    Majority Will September 17, 2012 at 7:21 am #

    US Citizen: That was BAD!

    It was a bit off the wall.

  5. avatar
    The Magic M September 17, 2012 at 7:31 am #

    Do you remember the time when birthers were asking “who is it” when talking about the man in the mirror? Because they cannot heal the world if they’re unsure whether Obama is black or white, but they think he’s a smooth criminal, that’s dangerous!

  6. avatar
    misha September 17, 2012 at 8:08 am #

    My favorite is “For Christ and Country”

  7. avatar
    misha September 17, 2012 at 8:11 am #

    Majority Will: It was a bit off the wall.

    How about this wall: http://www.youtube.com/watch?v=YR5ApYxkU-U

  8. avatar
    Sam the Centipede September 17, 2012 at 8:13 am #

    As Doc C says, Mr Jackson took exception to Mr Tenuto’s pithy and accurate assessment of his nonsense:

    Said pleading is illogical, nonsensical and not worthy of consideration.

    Mr Jackson’s “Objector’s Exception …” of January 2012 is amusing. It starts by following the principle that Farrar, Collette and all other birthers apply that a large mountain of repeated crap and lies is more believable that a small pile of nonsense, but he demonstrates his inner Taitziness with his final sentence:

    If the Board allows Candidate Obama on the ballot, they commit massive fraud against the citizens of the state of Illinois.

    Yeah, whereas this lying racist turd thinks he is doing something noble by his seditious attempts to overturn the democratically made choice of the people of the United States.

    (OK, if he’d been a True Natural Born Subject of the Queen of Birthania, he’d have written that it would be “egregious fraud, massive corruption, conspiracy and racketeering”, but Jackson is clearly not very bright or good with words.)

  9. avatar
    sactosintolerant September 17, 2012 at 8:34 am #

    US Citizen: That was BAD!

    And Corsi’s fat… wait… that’s Weird Al.

  10. avatar
    Keith September 17, 2012 at 8:37 am #

    Majority Will: It was a bit off the wall.

    But at least you have a point.

  11. avatar
    Andrew Vrba, PmG September 17, 2012 at 9:50 am #

    Majority Will:
    This case is no thriller.

    My cereal is channeling the ghost of Vincent Price.
    …He approves.
    Oops! My bad. It’s Frank Nelson, not Vincent Price.
    Frank also approves. “Yyyyyyyyeeeeeeesssss!”

  12. avatar
    G September 17, 2012 at 10:14 am #

    LMAO! Kudos to everyone and their various clever riffs and puns on the real Michael Jackson’s song set… 😉

  13. avatar
    Thomas Brown September 17, 2012 at 10:24 am #

    US Citizen: That was BAD!

    Still, the judge is just going to say “Beat it!”

  14. avatar
    The Magic M September 17, 2012 at 11:29 am #

    Andrew Vrba, PmG: My cereal is channeling the ghost of Vincent Price.

    Same here:

    Ballot challenge ‘cross the land
    The frog-march hour is close at hand?
    Birthers crawl in search of dirt
    And terrorize with the absurd
    But no proof ever can be found
    ‘Bout how a Kenyan birth got down
    Must stand and face the sanctions’ cost
    And rot in echo chambers lost
    The foulest stench of Orly Taitz
    Another smackdown there awaits
    Debunkéd crap from Corsi’s tomb
    Believe in it? You’ll seal your doom
    And though you fight to reach appeals
    Your brain can think no further
    For no more chance there is, it feels
    The madness of the Birther

    *evil laughter*

    (with apologies to the real MJ, may he rest in peace)

  15. avatar
    misha September 17, 2012 at 12:40 pm #

    I just sent a text: you are being followed

  16. avatar
    Andrew Vrba, PmG September 17, 2012 at 12:41 pm #

    That made my Frank Nelson haunted cereal very happy.
    “Nnnnnnyyyyyesssssssss!”, is a very difficult thing to spell in Cheerios mind you.

  17. avatar
    Dr. Conspiracy September 17, 2012 at 1:45 pm #

    Flash! Jackson objection overruled. Phlegm at 11.

  18. avatar
    misha September 17, 2012 at 2:02 pm #

    Dr. Conspiracy: Phlegm at 11.

    We’re having great pun with this.

  19. avatar
    Andrew Vrba, PmG September 17, 2012 at 2:04 pm #

    And we’re just one pun away from a “13 Ghosts of Scooby Doo” reference!

  20. avatar
    dunstvangeet September 17, 2012 at 2:31 pm #

    What I don’t get about the SR511 argument is here is the full paragraph that birthers actually use to say is the “authoritative definition” of Natural Born Citizen:

    “Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936”

    Does that mean that only people who are born to “American citizens on an American military base in the Panama Canal Zone in 1936” are Natural Born Citizens?

    Guess that means that every President then is a usurper.

  21. avatar
    Mitch September 17, 2012 at 2:36 pm #

    misha:
    My favorite is “For Christ and Country”

    Honest to God, at first I read that as “For Christ and Crazy”

  22. avatar
    MattR September 17, 2012 at 3:08 pm #

    I think the only appropriate response is Hee hee

  23. avatar
    Michael Bauser September 17, 2012 at 4:52 pm #

    Jackson doesn’t need to explain why (he thinks) Obama isn’t a natural-born citizen, because to birthers, “non-citizen” is synonymous with “fake birth certificate.” To them, there’s no reason for a fake birth certificate other than claiming natural-born citizenship.

  24. avatar
    Dr. Conspiracy September 17, 2012 at 6:52 pm #

    To some birthers it even means that a birth certificate on which every item is correct, is still a fake proving ineligibility.

    Michael Bauser: Jackson doesn’t need to explain why (he thinks) Obama isn’t a natural-born citizen, because to birthers, “non-citizen” is synonymous with “fake birth certificate.”

  25. avatar
    Keith September 17, 2012 at 10:51 pm #

    G:
    LMAO!Kudos to everyone and their various clever riffs and puns on the real Michael Jackson’s song set…

    Yeah, I missed the connection until way after I made my contribution. Some days thinking of clever posts just isn’t as easy as ABC.

  26. avatar
    Keith September 17, 2012 at 10:54 pm #

    Andrew Vrba, PmG:
    And we’re just one pun away from a “13 Ghosts of Scooby Doo” reference!

    Yeah, well, just Don’t Stop ’til You Get Enough

  27. avatar
    The Magic M September 18, 2012 at 8:21 am #

    dunstvangeet: Does that mean that only people who are born to “American citizens on an American military base in the Panama Canal Zone in 1936″ are Natural Born Citizens?

    That’s what I’ve been telling the WND crowd for about a year. None of them ever tried to argue against it, that usually was the point when the name-calling or the “but he’s a bad President” deflections began.

  28. avatar
    Shagnastie September 18, 2012 at 12:24 pm #

    Hope everyone noticed … 3 official birther whackdowns in 29 minutes. That’s gotta be a record!

    Thanks Illinois!

  29. avatar
    G September 18, 2012 at 12:40 pm #

    🙂

    Shagnastie:
    Hope everyone noticed … 3 official birther whackdowns in 29 minutes. That’s gotta be a record!

    Thanks Illinois!