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It could be a game-changer.
A plan in Arizona to require presidential candidates to prove their eligibility to occupy the Oval Office is approaching critical mass, even though it has just been introduced.
The proposal from state Rep. Judy Burges, who carried a similar plan that fell short last year only because of political maneuvering, was introduced yesterday with 16 members of the state Senate as co-sponsors.
It needs only 16 votes in the Senate to pass.
In the House, there are 25 co-sponsors, with the need for only 31 votes for passage, and Burges told WND that there were sever
Within ten days after submittal of the names of the candidates, the national political party committee shall submit an affidavit of the presidential candidate in which the presidential candidate states the candidate's citizenship and age and shall append to the affidavit documents that prove that the candidate is a natural born citizen, prove the candidate's age and prove that the candidate meets the residency requirements for President of the United States as prescribed in article II, section 1, Constitution of the United States. The critical phrases are "natural born citizen" and the requirements of "article II, section 1, Constitution of the United States," which imposes on the president a requirement not demanded of other state and federal officeholders. At the time the Constitution was written, many analysts agree, a "natural born citizen" was considered to be a citizen born of two citizen parents. If that indeed is correct, Obama never would have been qualified to be president, as he himself has confirmed his father was a Kenyan subject to the jurisdiction of the United Kingdom, making Obama a dual citizen with Kenyan and American parentage at his birth. Read more: Game-changer! Arizona to pass 2012 eligibility law www.wnd.com...
AN ACT
amending title 16, chapter 4, article 6, Arizona Revised Statutes, by adding section 16-507.01; relating to conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 16-507.01, to read:
START_STATUTE16-507.01. Presidential candidates; affidavit of qualifications
A. The national political party committee for a candidate for president for a party that is entitled to continued representation on the ballot shall provide to the secretary of state written notice of that political party's nomination of its candidates for president and vice‑president. Within ten days after submittal of the names of the candidates, the national political party committee shall submit an affidavit of the presidential candidate in which the presidential candidate states the candidate's citizenship and age and shall append to the affidavit documents that prove that the candidate is a natural born citizen, prove the candidate's age and prove that the candidate meets the residency requirements for President of the United States as prescribed in article II, section 1, Constitution of the United States.
B. The affidavit prescribed in subsection A shall include references to and attachment of all of the following, which shall be sworn to under penalty of perjury:
1. An original long form birth certificate that includes the date and place of birth, the names of the hospital and the attending physician and signatures of the witnesses in attendance.
2. A sworn statement attesting that the candidate has not held dual or multiple citizenship and that the candidate's allegiance is solely to the United States of America.
3. A sworn statement or form that identifies the candidate's places of residence in the United States for the preceding fourteen years.
C. If both the candidate and the national political party committee for that candidate fail to submit and swear to the documents prescribed in this section, the secretary of state shall not place that presidential candidate's name on the ballot in this state. END_STATUTE
Practice as you preach my friend.
Originally posted by Southern Guardian
reply to post by TheAmused
Has anybody read the actual law? It does not require the original birth certificate
It looks to me like you're wrong once again about not having to provide the long form birth certificate, unless you were referring to the current law, instead of the law mentioned in the OP.
B. The affidavit prescribed in subsection A shall include references to and attachment of all of the following, which shall be sworn to under penalty of perjury:
1. An original long form birth certificate that includes the date and place of birth, the names of the hospital and the attending physician and signatures of the witnesses in attendance.
2. A sworn statement attesting that the candidate has not held dual or multiple citizenship and that the candidate's allegiance is solely to the United States of America.
3. A sworn statement or form that identifies the candidate's places of residence in the United States for the preceding fourteen years.
C. If both the candidate and the national political party committee for that candidate fail to submit and swear to the documents prescribed in this section, the secretary of state shall not place that presidential candidate's name on the ballot in this state.
Originally posted by Arbitrageur
Some examples where short form birth certificates are not accepted already:
www.freerepublic.com...
Sidenote: Why do you birthers hate the constitution so much?
I'm pointing out the inconsistency between California and Hawaii.
Originally posted by Sinnthia
Any examples from the statest that issue short forms? How about the fine print there that accepts short forms from states as such? Obviously the details might get in the way.
Sidenote: Why do you birthers hate the constitution so much?
Originally posted by Arbitrageur
I would admit the bill needs a little work before passage, but I do think it reasonable for states to see source documents to verify constitutional eligibility for candidates they put on their ballot.
It can't, the constitution defines the constitutional requirements. But somebody has to confirm those constitutional requirements are met. That should be the purpose, to determine that the candidates placed on the ballot conform to the requirements for office stated in the constitution.
Originally posted by aptness
What makes you take a state can define what the requirements for office of President of the United States are?
The Constitution and federal law already stipulate whose burden it is to confirm those requirements: Congress.
Originally posted by Arbitrageur
It can't, the constitution defines the constitutional requirements. But somebody has to confirm those constitutional requirements are met.
Originally posted by Arbitrageur
Practice as you preach my friend.
Originally posted by Southern Guardian
reply to post by TheAmused
Has anybody read the actual law? It does not require the original birth certificate
So a candidate will actually have to prove their constitutional eligibility and states won't have to rely on the word of one department of health official, but can see the source document?
Short form birth certificates don't seem like as good a form of proof as a long form, California has practically banned short form birth certificates due to the fraud associated with them.
But faking a doctor's signature may be way harder.
California has removed a presidential candidate from the ballot before due to a failure to meet constitutional requirements, and this action was challenged all the way up to the supreme court.
Originally posted by aptness
The Constitution and federal law already stipulate whose burden it is to confirm those requirements: Congress.
Originally posted by Arbitrageur
It can't, the constitution defines the constitutional requirements. But somebody has to confirm those constitutional requirements are met.
The federal Constitution sets out requirements for a federal office and a state, through its legislature, can define what paperwork is required for that federal office?
in 1968 the Peace and Freedom Party submitted the name of Eldridge Cleaver as a qualified candidate for president, and then-Secretary of State Frank Jordan "found that, according to Mr. Cleaver's birth certificate, he was only 34 years old, one year shy of the 35 years of age needed to be on the ballot as a candidate for president."
USJF explained that "using his administrative powers, Mr. Jordan removed Mr. Cleaver from the ballot. Mr. Cleaver unsuccessfully challenged this decision to the Supreme Court of the State of California, and, later, to the Supreme Court of the United States."
Arizona is a "closed record" state. That means that vital records are not public record. Arizona law restricts the public's access to vital records as follows to protect the confidentiality rights of our citizens. Arizona Administrative Code R9-19-403 specifies that only the following may receive a certified copy of a birth certificate
The Full Faith and Credit Clause—Article IV, Section 1, of the U.S. Constitution—provides that the various states must recognize legislative acts, public records, and judicial decisions of the other states within the United States. It states that "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State." The statute that implements the clause, 28 U.S.C.A. § 1738,
Read more: Full Faith and Credit Clause - Further Readings - Court, Marriage, Judgment, Custody, Recognize, and Enforcement law.jrank.org...