Professional Documents
Culture Documents
__________________
vs.
COMPLAINT
Barack Hussein Obama, Democratic National Committee, Kentucky Secretary of State, and Kentucky State Board of Elections, Defendants.
Summary of Complaint
Plaintiff is challenging the eligibility of Barack Obama to be listed on Kentucky ballots as a candidate for President of the United States. This challenge is based upon two alternative theories related to his not being a natural born citizen, as required by Article II, Section I, Clause 5 of the U.S. Constitution, namely:
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and,
2. He is foreign born.
1. Violation of one of the plaintiffs rights derived from the United States
Constitution;
2. Negligence for violation of Article II, Section I, Clause 5 of that
Constitution; and
3. A challenge of the candidates bona fides under KRS 118.176.
capacity.
3. Defendant Democratic National Committee (DNC) is the governing body
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4. Under the KRS 118.325, defendant DNC plays a key role in determining
who is listed as a Democratic Party candidate for President of the United States on Kentucky Ballots and, accordingly, is an indispensable party to the remedies sought, even if the court should find that it has no liability with respect to causes of action alleged below.
5. Under KRS 118.215, defendant Kentucky Secretary of State (SOS)
certifies the names of candidates for President of the United States on Kentucky Ballots and, accordingly, is an indispensable party to the noncompensatory remedies sought, even though plaintiff is not alleging that defendant SOS has any liability with respect to causes of action alleged below.
6. Under KRS 118.176, defendant Kentucky State Board of Elections
(BOE) will receive the applicable certification from the court if defendant Obama is found not to be a bona fide candidate and, accordingly, is an indispensable party to the noncompensatory remedies sought, even though plaintiff is not alleging that defendant BOE has any liability with respect to causes of action alleged below.
7. Plaintiff seeks relief and this court has jurisdiction under KRS 118.176 and
KRS 418.040.
8. Plaintiff has standing under Ky. Const. 14. 9. Causes of action alleged in this complaint arose in, among other places,
Franklin County, and defendants SOS and BOE have offices in Franklin
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County. Accordingly, under KRS 452.460, Franklin County is a proper venue for this case.
General Facts
10. Article II, Section I, Clause 5 of the U.S. Constitution sets forth the
requirements (the Eligibility Requirements) for a person to be eligible to hold the office of President of the United States.
11. As set forth below, an actual, present, and justiciable controversy exists
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13. As set forth below, plaintiff is informed and believes that defendant Obama
continuing to work to have the name of defendant Obama appear on ballots in Kentucky as a Democratic Party candidate for President of the United States, with the clear implication that he meets the Eligibility Requirements.
16. The President of the United States is not directly elected by the people,
including Kentucky, has broad authority and control over its election process, including, but not limited to, how its Electors are chosen.
18. In Kentucky, voters currently choose Electors by nominally voting, in the
general election, for paired teams of Presidential and Vice Presidential candidates.
19. Neither the U.S. Constitution, nor any federal statute enacted thereunder,
provide for a procedure to assure that Presidents of the United States and candidates for said office meet the Eligibility Requirements.
20. Therefore, according to the Tenth Amendment of the U.S. Constitution,
the states and the people retain the right to make such assurances.
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Vice Presidential candidates to confirm whether or not they meet the Eligibility Requirements.
22. Nonetheless, nothing prevents this court from adjudicating the issues
23. Plaintiff is informed and believes that defendant Obamas father was never
Requirement of a natural born citizen due to his being born of foreign paternity.
25. Defendant Obama was foreign born. 26. Accordingly, defendant Obama is not a natural born citizen of the United
States.
27. Accordingly, defendant Obama does not meet the Eligibility Requirements.
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28. Plaintiff is informed and believes that defendant Obama became a citizen
29. Plaintiff realleges paragraphs 1 through 28. 30. The presence of defendant Obamas name on the Kentucky ballot, or his
registration as a write in candidate, would injure plaintiff by drawing potential voters who might otherwise vote for plainttiff as a candidate for President.
31. The Eligibility Requirements, by implication, give plaintiff a constitutional
holding the office of President of the United States, deprives plaintiff of his right to not be governed by office holders who do not meet the Eligibility Requirements, and causes injury and damages to the plaintiff.
33. The reelection of defendant Obama to the office of President of the United
States, for another term, while he fails to meet the Eligibility Requirements, would further deprive plaintiff of his right to not be governed by office holders who do not meet the Eligibility Requirements.
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34. Plaintiff is entitled to relief from violations of such right, past, current, and
anticipated.
35. No specific causes of action or remedies exist for violations of the right at
issue.
36. Accordingly, the existence of remedies for the violations is implied from
37. Plaintiff realleges paragraphs 29 through 33. 38. Defendants Obama and DNC owed a duty to plaintiff to ascertain that
advance the candidacy of defendant Obama for President of the United States when he does not meet the Eligibility Requirements.
40. Plaintiff is informed and believes defendants Obama and DNC failed to
and DNC did ascertain that defendant Obama does not meet the Eligibility Requirements and blatantly disregarded that fact.
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42. Nonetheless, defendants Obama and DNC worked to put the name of
defendant Obama on the 2008 Kentucky primary and general election ballots for President of the United States and allowed him to take that office in 2009.
43. Furthermore, defendants Obama and DNC are actively working to put the
name of defendant Obama on the Kentucky ballot for President of the United States for the 2012 general election and to have him take that office in 2013 for a second term, with the clear implication that he does meet the Eligibility Requirements.
44. Plaintiff is informed and believes that the failure of defendants Obama and
DNC to ascertain that defendant Obama meets the Eligibility Requirements, and/or their blatant disregard he does not, has caused plaintiff to suffer the damages of the kind that the Eligibility Requirements were designed to prevent, i.e., a President holding office who is ineligible, and that the reelection of defendant Obama could cause such suffering to continue for another four years.
45. Plaintiff is informed and believes that the actions of defendants Obama
and DNC were and are violative of the Eligibility Requirements and their intent.
46. Plaintiff is in the class of persons that the Eligibility Requirements were
designed to protect.
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47. Plaintiff is informed and believes that the actions of defendants which
were and are violative of the Eligibility Requirements are the cause of injuries to plaintiff.
48. Plaintiff is entitled to relief from such injuries, past, current, and
anticipated.
This is an action for declaratory judgment and injunctive relief under KRS 118.176.
49. Plaintiff realleges paragraphs 37 through 48. 50. Accordingly, Defendant Obama is not a bona fide candidate for President
Plaintiff prays that this court order relief in his favor as follows:
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2. Defendants be enjoined from doing any action which would support having
Respectfully Submitted
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