Ballot Access News

California Judge Ruling in Keyes’ Lawsuit on Obama Qualifications

March 13th, 2009

On March 13, California Superior Court Judge Michael Kenney tentatively ruled against Alan Keyes, in the lawsuit concerning whether President Barack Obama meets the constitutional qualifications to be president, and whether the California Secretary of State should have put him on the ballot.

The case is Keyes v Bowen, 34-2008-8000096-CU-WM-GDS. The 6-page opinion seems to strengthen the rights of political parties to place anyone they wish on the November ballot, regardless of that candidate’s qualifications.

The decision says, “Defendants contend that Election Code sec. 6901 requires the Secretary of State to place on the ballot the names of the candidates submitted to her by a recognized political party and that she has no discretion to override the party’s selection.

The Court finds that the First Amended Petition fails to state a cause of action against the Secretary of State…Federal law establishes the exclusive means for challenges to the qualifications of the President and Vice President. That procedure is for objections to be presented before the U.S. Congress pursuant to 3 U.S.C. section 15.”

In 1968, the California Secretary of State refused to list Eldridge Cleaver on the November ballot as the presidential nominee of the Peace & Freedom Party. Cleaver and PFP sued the Secretary of State, but the State Supreme Court refused to hear the case, by a 6-1 vote.

Cleaver and the party then asked the U.S. Supreme Court to intervene, but that Court refused, 393 U.S. 810 (October 7, 1968).

In this current Keyes lawsuit, attorneys for the Defendants claimed there was no such lawsuit. The attorney for Keyes did not have the California Supreme Court citation (58 Minutes 411), nor the U.S. Supreme Court cite, so he wasn’t able to establish the existence of this 40-year old precedent that does seem to give the Secretary of State the authority to refuse a party’s choice for president, if the Secretary of State thinks the party chose someone who doesn’t meet the constitutional qualifications.

Keyes will appeal and his appeal will include the Cleaver precedent citation.

Eldridge Cleaver had been removed from the California ballot because the Secretary of State had learned that he was only 33 years old.

Download the decision here...

Another Court Helps Obama Hide Truth - Is He A Natural-Born Citizen?

USJF To Appeal Judge's Ruling that Only Members of Congress Can Challenge Qualifications of President

Dear Fellow American,

Barack Obama's attorneys took another step to destroy the Constitution of the United States this time in a California State Court. Those attorneys, working with liberal California State Attorney General Jerry Brown, convinced the Judge in that case, at a March 13, 2009, hearing to rule that only Members of Congress can challenge the qualifications of Mr. Obama to serve as President.

The Judge further ruled that a challenge can only be made on the 6th day of January following the meeting of the Presidential electors, at the session of Congress where the vote of the Electoral College is counted and the results announced. To use the Judge's words, this is "the exclusive means for challenges to the qualifications of President..."

Further, the Court blocked our subpoena for the college records of Mr, Obama!

USJF IS CONTINUING THE FIGHT

We here at USJF disagree with the Judge's decision, and, with your help, we will continue this fight for the preservation of our Constitution all the way up to the United States Supreme Court!

Gary Kreep

President, USJF