IN THE COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT 48TH JUDICIAL CIRCUIT CIVIL ACTION NO.

__________________

L. Todd House, Plaintiff,

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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1. He is not a natural born citizen, because he was born of foreign paternity;

and,
2. He is foreign born.

Plaintiff brings this complaint as three causes of action:

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.

Parties, Jurisdiction, Standing, and Venue

Plaintiff alleges as follows:

1. Plaintiff L. Todd House (House) is an individual, and candidate for

president, and brings suit in each of his respective capacities.

2. Defendant Barack Obama (Obama) is an individual, and is sued in that

capacity.
3. Defendant Democratic National Committee (DNC) is the governing body

of the National Democratic Party, and is sued in that capacity.

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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

between the parties in that:

a. Defendants Obama and DNC appear to believe that: i.Defendant Obama meets the Eligibility Requirements; ii.He may disregard them and be on the ballot in Kentucky,

whether he meets them or not; and/or

iii.They do not apply to him; b. Whereas plaintiff believes that: i.The Eligibility Requirements do apply to defendant Obama; ii.He does not meet them; and iii.He may not disregard them. 12. Among the Eligibility Requirements is the requirement that a President of

the United States must be a natural born citizen.

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13. As set forth below, plaintiff is informed and believes that defendant Obama

is not a natural born citizen.

14. Plaintiff is informed and believes, accordingly, that defendant Obama does

not meet the Eligibility Requirements.

15. Nonetheless, defendants Obama and DNC have worked and are

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,

but, instead, is elected by the members of the Electoral College (Electors).

17. Within reasonable and constitutional limits, each of the several states,

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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21. Kentucky does no background checks on Democratic Party Presidential or

Vice Presidential candidates to confirm whether or not they meet the Eligibility Requirements.
22. Nonetheless, nothing prevents this court from adjudicating the issues

presented and granting the relief requested in this case.

First Challenge to Eligibility - Foreign Paternity

23. Plaintiff is informed and believes that defendant Obamas father was never

a citizen of the United States.

24. Plaintiff asserts that defendant Obama does not meet the Eligibility

Requirement of a natural born citizen due to his being born of foreign paternity.

Second Challenge to Eligibility - Foreign Birth

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.

Third Challenge to Eligibility - Foreign Citizenship

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28. Plaintiff is informed and believes that defendant Obama became a citizen

of Indonesia and never properly reestablished citizenship of the United States.

First Cause of Action - Violation of Rights Under the U.S. Constitution

This is an action for declaratory judgment, injunctive relief, and damages.

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

right to not be governed by officials who fail to meet them.

32. Failure of defendant Obama to meet the Eligibility Requirements, while

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

the importance of the right violated.

Second Cause of Action - Negligence By Violation of the U.S. Constitution

This is an action for declaratory judgment, injunctive relief, and damages.

37. Plaintiff realleges paragraphs 29 through 33. 38. Defendants Obama and DNC owed a duty to plaintiff to ascertain that

defendant Obama meets the Eligibility Requirements.

39. Defendants Obama and DNC owed and owe a duty to plaintiff to not

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

ascertain that defendant Obama meets the Eligibility Requirements.

41. Plaintiff is informed and believes that, alternatively, defendants Obama

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.

Third Cause of Action - Challenge of Candidates Bona Fides

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

of the United States.

Prayer for Relief

Plaintiff prays that this court order relief in his favor as follows:

1. A declaratory judgment setting forth the respective rights of the parties,

under the applicable relevant facts, as the court shall find.

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2. Defendants be enjoined from doing any action which would support having

the name of defendant Obama, as a candidate for United States President:

a. Printed on ballots in Kentucky; or b. Listed or counted as a write in candidate in Kentucky; 3. Nominal damages of $3. 4. Such other relief as this court deems just and proper.

Respectfully Submitted

Date: August 10, 2012

L. Todd House Plaintiff Pro Se 1513 Rosewood Avenue Louisville, KY 40204-1549

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