New Jersey Ballot Challenge
On April 5, 2012, attorney, Mario Apuzzo, filed with the New Jersey Secretary of State in Trenton, New Jersey, the Objection Of Nicholas E. Purpura and Theodore T. Moran To Petition Of Nomination Of Barack Obama, also Known As Barack Hussein Obama II, Barack Hussein Obama, Barry Soetoro, and Barack Hussein Obama Soebarkah. That office reviewed the Objection and decided that it did merit a hearing before an Administrative Law Judge.
The Objection to Obama’s nominating petition is that he has not provided competent and sufficient evidence to the New Jersey Secretary of State showing his identity and that he was born in the United States, and that even if he were born in the United States, he is not and cannot be an Article II “natural born Citizen” because he was not born to two U.S. citizen parents. The Objection therefore demands that the Secretary of State not permit Obama’s name to be printed on the primary and general election ballot.
Yesterday Nicholas E. Purpura and Theodore T. Moran had their Barack Obama primary ballot objection heard by Deputy Director and Administrative Law Judge, Jeff S. Masin, at the Office of Administrative Law, 9 Quakerbridge Plaza, Mercerville (Hamilton Twp.), New Jersey 08619. The case started about 9:30 a.m. and lasted to about 1:00 p.m. Apuzzo represented the Objectors. Mr. Obama was represented by Alexandra Hill of the firm of Genova, Burn & Giantomasi of Newark, New Jersey.
Attorney Apuzzo argued that Mr. Obama has not met his burden of showing that he is eligible to be on the New Jersey primary ballot by showing that he is a “natural born Citizen.” He argued that Obama has not presented any evidence to the New Jersey Secretary of State showing who he is and that he was born in the United States. We also argued that as a matter of law, Obama is not a “natural born Citizen” because he was born according to Obama, to a father who was not a U.S. citizen.
Later that evening, the judge called Apuzzo to tell him that the Obama campaign had AMAZINGLY prevailed on both points. Said the judge, according to Apuzzo:
"As far as I’m concerned, Obama was born in Hawaii."
Apuzzo could not explain how Judge Masin could rule that way, after observing in open court that neither Obama nor his surrogates had shown that he was born in Hawaii.
Within two hours, according to a deadline that Masin gave him, Apuzzo filed an exception to Masin’s ruling. Apuzzo took exception to the following:
1. Judge Masin ruled that Obama was born in Hawaii with no evidence on record, after acknowledging that fact during the hearing.
2. Judge Masin ruled that Obama need not comply with statute to show that he is eligible, solely because he need not “consent” to someone circulating a nominating petition for him.
3. The judge suggested that Obama might have to show eligibility later. He laid no basis for such a ruling.
4. The judge misread the precedents and gave short shrift to the historical evidence that the Framers of the Constitution defined “natural-born citizen” as one born in-country to two citizen parents. Apuzzo devoted half of his 30-page exception to this analysis alone.
P.O. Box 940672
Simi Valley, CA. 93094
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