WASHINGTON, July 3, 2012 – A Florida judge yesterday dismissed with prejudice an amended complaint challenging the eligibility of Barack Obama to appear on that state’s ballot.
Following several recent hearings in the case, Leon County Circuit Court Judge Terry Lewis signed a seven page order granting the motion filed by President Obama’s attorneys to dismiss the amended complaint, which alleges the President Obama is not a natural born citizen because Barack Obama Senior was a citizen of the British Colony and Kenya. The amended complaint also alleges President Obama was born outside the jurisdiction of the United States.
President Obama’s legal team, led by Mark Herron, argued during a March 22, 2012 hearing before Judge Lewis that the lawsuit should be dismissed because President Obama has not yet been nominated as the official Democratic Party candidate for President. “There has been no nomination to office, there has been no election to office,” Herron told Judge Lewis.
The decision by Judge Lewis, who received national notoriety for presiding over a 2000 Florida election dispute between George W. Bush and Al Gore, agreed with the position argued by attorney Herron on behalf of his client the President.
“The respective major political parties determine their nominee at a national convention pursuant to rules that the parties draft and approve. The Presidential Preference Primary Election in Florida is an integral part of that process for the parties, but as it relates to Florida law, there is no qualifying and no certification of nomination of the candidate as a result. Thus, under Florida law, Mr. Obama is not presently the nominee of the democratic Party for the office.” – Order signed by Leon County Florida Circuit Court Judge Terry Lewis
The 2012 Democratic National Convention will be held September 3-6 in Charlotte, North Carolina.
Larry Klayman, attorney for plaintiff Michael Voeltz, did not immediately return a phone call yesterday from Communities @WashingtonTimes.com requesting comment on Judge Lewis’s decision. However, World Net Daily reports that attorney Klayman stated:
“The decision issued today by Judge Terry Lewis was poorly reasoned and written. It goes against prior Florida Supreme Court precedent in particular, thus making our chances on appeal great. … In any event, Plaintiff Micheal Voeltz filed a new complaint today for declaratory relief, which will, in addition to his appeal, now proceed forward. In short, we remain confident that if the Florida courts ultimately decide to obey their own election law, we will prevail in the end.” – Attorney Larry Klayman in a statement to World Net Daily
President Obama is also facing a ballot challenge in New Jersey Supreme Court. In addition, the Maricopa County Sheriff’s Office (Ariz.) Cold Case Posse has scheduled a press conference for July 17, 2012, announcing additional evidence from a document forgery investigation opened in September, 2011.
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