Attorney Larry Klayman has attached electrodes to the neck of the Voeltz v. Obama lawsuit, poured on the juice, and re-animated the twice-dead legal action. I’m not sure how the villagers of Tallahassee will respond to this monster stalking it’s courtrooms yet again.
Klayman got into trouble with an earlier argument that Obama had been nominated in the Florida Democratic Primary, when in fact there was no Florida Democratic Primary, and Obama was not “nominated” for office. This time around Klayman attacks the election of Barack Obama in Florida, but technically that isn’t true either. The President of the United States is voted on by the Electoral College, which meets December 17 and the President is not actually elected until the election is Certified by a joint session of Congress, and that happens on January 6 of 2013, and not in Florida.
(1) … the certification of election … of any person to office … may be contested in the circuit court by … any elector qualified to vote in the election related to such candidacy….
(3) …The grounds for contesting an election under this section are:
(b) Ineligibility of the successful candidate for the nomination or office in dispute….
The issue here, as it was in the first challenge, is whether or not Barack Obama was elected. The election actually chooses members of the Electoral College, and their eligibility is not being challenged.
Certainly allegations of voting irregularities are covered by the statute because in effect members of the Electoral College from Florida are elected. The President, not so much.
The complaint summarizes the usual spurious Vattelist argument that US Presidents must have two US citizen parents. Klayman does one thing so utterly stupid that I could hardly believe it, arguing that Vattel’s book, The Law of Nations, was written into the Constitution in the phrase from Article 1, Section 8:
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
In the US Constitution, every noun is capitalized, but the word “the" is not in this clause, meaning it’s not the title of a book, and of course there is no mention of including Vattel’s book by reference in the Constitution from the records of the debate of the Federal Convention of 1787, any more than it references Blackstone’s chapter, “On Offences Against the Law of Nations.”
I give Klayman marks at least for being concise, 7 pages total.