IN THE CIRCUIT COURT OF MONTGOMERY COUNTY.

ALABAMA

HUGHMCINNISHandVIRGIL H. GOODE, JR. Plaintiffs, vs. BETHCHAPMAN In herofficialcapacity asSecretary State of Defendant. ' Civil ActionNo.: / r . t

l-J l(

(-' i'-

P E T IT IONFORW RIT OF MANDAM US OR :. , I , OTHER APPROPRIATEEXTRAORDINARYRELIEF AND VERIFIqD COMBLAINT

lJ

Plaintiffs challengethe legitimacyof eachpersonwhosenamehas beensubmittedto the AlabamaSecretary Statefor placementon the Alabama2012 presidentialballot as candidates of for President the United States.In particular, of this would includeBarackHussein ObamaII (Mr. Obama), Mitt Romney(Romney),Virgil H. Goode,JR. (Goode), and any otherswhose namesmight be submittedas proposedcandidates President. It is the inherentduty of the for Secretary Stateto verify whetherthesecandidates eligible to run forthe Office of of are President the United States. of Plaintiffs are requesting writ of mandamus a orderingDefendant Beth Chapman,Secretary Statefor the Stateof Alabama,to verify the eligibility of the of candidates beforetheir namesare placedon the Alabama2012 presidentialballot, or to remove these names from this ballot if eligibility is not verified,as may be with the caseof Mr. Obama.

Jurisdiction

l . This Court has original jurisdiction to hearcases involving mandamus pursuantto Ala. Code$ 6-6-640.

The Parties HUGH McINNISH, a citizen of the Stateof Alabama,is a qualified Alabamaelector,a memberof the Alabama RepublicanExecutiveCommitteeand the Madison County, AlabamaRepublicanExecutiveCommittee.As an Alabamaelector,as well as a political party official, McINNISH hasan interestin having all Presidential candidates the on general AlabamaPresidential electionballot meetthe minimum constitutional requirements eligibility for the Office of President the United States. for of
a J.

VIRGIL H. GOODE, JR. has qualified in Alabamato be an independent candidate for President the United States. of and he is on the ballot of some20 other states a as candidate Presidentunderthe ConstitutionParty. for

4 . BETH CHAPMAN is the Secretary Statefor the Stateof Alabama,and is the State's of
Chief Elections Official. Sheis responsible overseeing elections, the printing for all and of ballots,in the Stateof Alabama.Codeof Alabama$ l7-14-20,et seq.

Statementof Facts

5. Article II Section1, U.S. Constitution, requires that the president at least35 yearsold, be l4 yearsa residentof the United States, and "shall" be a naturalbom citizen. (Article II, Section1, U.S. Constitution).

6. On or aboutApril20l l, only after yearsinto his presidency, and under media and political pressure, Mr. Obamapublishedon the internetan electronicversionof a purported birth certificate alleginghis birth in Honolulu,Hawaii on August4,196l to American citizenmother, StanleyAnn Dunham,and Kenyan British subjectfather,BarackHussein Obama,Sr.

7. Thereis credibleswom evidence indicating produced that this electronically birth certificate is entirely fraudulentor otherwisealtered. 8. No physical,papercopy of the actuallong form birth certificatehas beenproducedin order to definitively establishMr. Obama's birth within the United States.

9. Plaintiff MCINNISH further allegesthe following facts:

a. Even if Mr. Obamawas actuallyborn within the United States, is still not a he "naturalbom citizen"as required the U.S. Constitution by because was not he bom to two U.S. citizenparents.

b. Barack ObamaSr., father to Mr. Obama,was born in the British Colony of Kenya o n J u n e1 8 -1 9 3 6 .

c. Birth in Kenya madeBarackObamaSr. a British subject,accordingto and governedby the British NationalityAct of 1948,PartI, SectionI .

d. According to Immigration and NaturalizationServicerecords,Barack ObamaSr. was in the United Stateson a studentvisa, and was never a legal residentor citizen of the United States. was later deportedfrom the United States. He

e. The British Nationality Act of 1948indicatesthat Mr. Obamawas bom a British subject,sincehis father,BarackObamaSr., was a citizenof the British Colony of Kenya.(British NationalityAct of 1948,PartII, Section5). f. According to "The Law of Nations," a "naturalborn citizen," as requiredby the U.S. Constitution,is one who is bom to two U.S. citizenparents. g. SinceMr. Obamawas only bom to one parentwho was a U.S. citizen, he is not a "naturalborn citizen." 10.Mr. Obamais thus not an eligiblenaturalborn citizenas requiredby the U.S. Constitution to servein the Office of the President the United States. of 11. All members the Alabamalegislature, all officers,executive judicial, before of and and they enterupon the executionof the dutiesof their respective offices, shall take the following oath or affirmation: "1,...,solemnlyswear(or affirm, as the casemay be) that I will support the Constitutionof the United States, and the Constitutionof the Stateof Alabama,so long as I continue acitizen thereof;and that I will faithfully and honestlydischarge the dutiesof the office upon which I am aboutto enter,to the bestof my ability. So help m e G o d . " A l a . C o n s t o f 1 9 0 1 a r t .X V I , $ 2 7 9 , l . 1 . . , c

in 12.ln fidelity to her oath of office, supra, which sheswore(or affirmed)that shewould and in view of the instructions of "...support... Constitution the Stateof Alabama...," the the codifiedin law underthe Constitution, in contained Ala. Code $ 17-9-3,supra, meetthe of Secretary Statehas an imperativeduty to determinewhetherthe candidates and are eligible for placementon the for Constitutionalrequirements the Presidency ballot. 13. On February2,2072 Plaintiff MCINNISH, togetherwith his attomey and others,visited of the Office of the Secretary State,at which the Hon. Emily Thompson,Deputy

Secretary State,speakingin the absence and for the Secretary State,statedthat of of of her office would not investigate legitimacyof any candidate, the thus violating her duties underthe U.S. and AlabamaConstitutions.

CountI

(Mandamus)

14. Plaintiffs re-allegeparagraphs through 13 as if fully statedherein. 1 15.Plaintiffs have a clear legal right to the order sought. 16.Thereis an imperativeduty upon the Defendantto demandthe candidates submitbona to fide copiesof their birth certificates. 17.Plaintiffshavespecifically requested Defendant that requirethis proof of eligibility. 18.Alabamalaw providesno other adequate remedy. 19.Plaintiffshaveproperlyinvokedthejurisdictionof this Court.

PRAYERFORRELIEF

WHEREFORE,Plaintiffs respectfullyrequestthat the Court:

I. Issuea Writ of Mandamus,or other appropriate order,to the Secretary Staterequiring of her to demandthat all candidates the Office of President the United States. for of whose nameshave beensubmittedto her for inclusionon the ballot in Alabama,causea certified copy their bonafide birth certificateto be deliveredto her direct from the

govemmentofficial who is in chargeof the recordsdepositoryin which it is stored,and to make the receiptof sucha prerequisite their namebeing placedon the Alabama to ballot for the November6,2012 general election.This birth certificate shouldbe of the character and quality as that requiredfor a teenager securea driver's learner's to permit.
[.

Issuepreliminary and permanent injunctionspreventingthe placementof candidates for the Office of Presidentof the United Statesfrom being placedon the 2012 Alabama presidential ballot until their eligibility hasbeenconclusively determined.

It. Removethe namesof any candidates whoseeligibility cannotbe verifiedfrom the 2012
Alabamapresidential ballot. just or proper,includingbut not limited to IV. Any suchotherrelief as the Court deems attorney's feesand costs.

Respectfully submitted this 1l'hday of October,2012.

Counsel.for Plaintifs LarryKlayman. Esq. Klayman Law Firm 2020Pennsylvania NW, Suite800 Ave. Washington, 20006 DC ) T e l :( 3 1 0 5 9 5 -0 8 0 0 Email leklayman@gmail.com : ProHacVice Pendins

L. Dean Johnson, P.C. 4030Balmoral Suite Dr., B Huntsville, 35801 AL T e l :( 2 5 6 ) 0 -5 1 7 7 88 ( ) F a x : 2 5 6 8 8 0 -5 1 8 7 Email Johnson_dean@bellsouth.net :

Plaintiffs: Hugh Mclnnish Huntsville, Alabama35802 Virgil H. Goode,Jr Rocky Mount, Virginia 24151.

Certificate of Service Summons shallbe delivered privateprocess by server to: Hon. Beth Chapman In her official capacity as Secretary ofState StateCapitol 600 Dexter Avenue Montgomery, Alabama36130

Hon. Luther Strange Attorney General 501 WashingtonStreet Montgomery, Alabama36130

VERIFICATION

I Hugh Mclnnish herebyverily and attestbased my personal on information, knowledge and belief that the lbregoingVerilled Complaintis true and correct.

FUR'|HERAFFIAN'TSAYETH

ST'ATE OI.'ALABAMA ,,t;, CO[JN]'Y OF /t (,.,.f,|! ,

) ss.
)

1-hclbregoinginstrument was subscribed swornto beforeme this /('/" and

day of October,

2012.
Witness handandotflcialseal. mv

My commission exprres:

. f /

i r lit1,L+?.'; Notar y Public

VERIFICATION

I Virgil H. Goode.Jr. herebyverify and attest based rny personal on infbnnation,knowledge and beliefthat the fbregoing VerifiedComplaintis true and correct.

F U R T H E R F F I A N T S A Y E T HN A U G H T A

V ttt-

couNrY on ff4$

/ \/^ I S T A T E F -V-,, f - \ , N 1 2 O r_-r_ . rr..

I
lss'

|.(l i r,1

)
(t'\li" clayof October,

Thc fbregoinginstrurnent u,assubscribed swornto befbreme this and 2012.

Witnessmy hand and oftcial seal.

My commissionexplres:

t+