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STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICESUPERIOR COURT DIVISIONCOUNTY OF PENDER File # 08CV_____________Lt. Col. Donald Sullivan, )Plaintiff ) NOTICE AND DEMAND) FORv. ) INJUNCTIVE RELIEF) (CLASS ACTION)North Carolina Board of Elections, and )Elaine F. Marshall, Secretary of State )For North Carolina, )Defendants )________________________________________________________________________
Now comes Lt. Colonel Donald Sullivan, on behalf of himself and all otherssimilarly situated, to notice and demand this court provide injunctive relief in the matterof the citizenship of Barack Hussein Obama, Jr., his eligibility to have been a candidateon the North Carolina ballot for the office of President of the United States of Americaand his eligibility to hold the office of President of the United States of America.
 
1.
PARTIES
1.1.
 
I, Lt. Col. Donald Sullivan, Plaintiff, am an adult individual with an address of PO Box 3061, Wilmington, NC, and Citizen of the State of North Carolina and of the United States of America.1.2 Defendant, North Carolina Board of Elections, is an appointed agency of theState of North Carolina General Assembly, with oversight authority in matterspertaining to State elections and election irregularities including, but not limited
 
 2to, candidate/electee eligibility, with offices at 506 Harrington Street, Raleigh,NC, 27611, and with a mailing address of PO Box 27255, Raleigh, NC, 27611-7255. Upon information and belief, the Process Agent for said entity is DirectorGary O. Bartlett of the same address.1.2.
 
Defendant, Elaine F. Marshall, a/k/a Elaine Marshall is an adult individual withan office address of Old Revenue Building, 2 S. Salisbury Street, PO Box 29622,Raleigh, NC, 27626-062, and the elected North Carolina State Secretary of State.Upon information and belief, the Process Agent for said individual and entity isAnn Wall at PO Box 29622, Raleigh, NC, 27626.
2.
JURISDICTION AND VENUE
 
2.1.
 
As we do not have a federal ballot,
 per se
, as there is no federally guaranteedright to vote and there is no popular federal election held, North Carolina State,through the office of the North Carolina Board of Elections, creates its ownballot, supervises the same, and allows its citizens to vote in a popular election tochoose electors to represent our choice for the Office of President to theCongress under the 12
th
Amendment. This case arises under Article VI, of theNorth Carolina State Constitution and North Carolina General Statute 163, et.seq., and the laws and Constitution of the United States, and presents a statequestion within this Court's jurisdiction.
3.
STATEMENT IN SUPPORT OF CLASS ACTION STATUS
 
 3I bring this action on my motion for class certification on behalf of my self and allothers similarly situated pursuant to Rule 23 of the N.C.R. of Civ. P. and state as follows:Pursuant to said Rule 23, I request a determination that all voters be certified as a singleclass based upon the following grounds:3.1. I bring this action now maintained by the named plaintiff as a class actionon behalf of myself and all persons similarly situated, comprising the class.3.2. I am informed and believe that there are approximately over 4,000,000members of the class so that joinder of all members is impracticable.3.3. My claims are typical of the claims of all members of the class above.3.4. I will fairly and adequately represent and protect the interests of the classabove, to the best of my ability.3.5. There are common questions of law and fact affecting the rights of eachmember of the class, as against the named defendants.3.6. The common questions of law and fact predominate over any questionsaffecting individual members only, and a class action is superior to other availablemethods for the fair and efficient adjudication of the controversies between the classdescribed above and the named defendants.For the reasons stated
infra
, I respectfully request this court to grant my request forclass certification. As discussed above, all requirements of NC Civil Rule 23 have beensatisfied, and the goal of judicial economy will be well served by resolving these claims
of 00

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