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Voeltz v Obama - Newly Found Case Authority Notice - Florida Obama Electoral Challenge - 12/31/2012

Voeltz v Obama - Newly Found Case Authority Notice - Florida Obama Electoral Challenge - 12/31/2012

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Voeltz v Obama - Newly Found Case Authority Notice - Florida Obama Electoral Challenge - 12/31/2012 - http://www.BirtherReport.com - Notice via Jack Ryan's Scribd: http://www.scribd.com/Jack%20Ryan

Voeltz v Obama - Newly Found Case Authority Notice - Florida Obama Electoral Challenge - 12/31/2012 - http://www.BirtherReport.com - Notice via Jack Ryan's Scribd: http://www.scribd.com/Jack%20Ryan

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Published by: ObamaRelease YourRecords on Jan 02, 2013
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09/17/2013

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1IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUITIN AND FOR LEON COUNTY, FLORIDAMICHAEL C. VOELTZ,Plaintiff,
Case No.: 2012 CA 003857
 vs.BARACK HUSSEIN OBAMA, et. al.Defendants.__________________________________________/ 
NOTICE OF NEWLY FOUND CASE AUTHORITY AND SUPPLEMENT TO MOTIONFOR REHEARING
Plaintiff Michael Voeltz, by and through his undersigned counsel, hereby files this Noticeof Newly Found Case Authority and Supplement to Motion For Rehearing.In conducting further research, Plaintiff has come across the case of 
Palm Beach CountyCanvassing Board v. Harris
, 772 So.2d 1273 (Fla. 2000) (Exhibit 1), legal authority that wassomehow overlooked by the court and the parties.At issue here is the applicability of Florida Election law to the presidential election. Inconsidering the presidential election, the Florida Supreme Court ruled:"It is important, perhaps, to remind ourselves that the Florida Legislature has expressly vested inthe voters of Florida the authority to elect the presidential electors who will ultimately participatein choosing a president:Electors of President and Vice President, known as presidential electors, shall be elected onthe first Tuesday after the first Monday in November of each year the number of which is amultiple of 4. Votes cast for the actual candidates for President and Vice President shall becounted as votes cast for the presidential electors supporting such candidates. TheDepartment of State shall certify as elected the presidential electors of the candidates forPresident and Vice President who receive the highest number of votes.
 
2§ 103.011, Fla. Stat. (2000). By providing for the popular election of presidential electors,
Florida’s Legislature has also placed that election under Florida’s general statutory election
scheme. Hence, there is essentially only one statutory election scheme for all elections whetherthe elections be for local and state officials or for presidential electors. The Legislature has notchosen to have a separate set of election laws for elections for presidential electors. TheLegislature has chosen to have a single election code control all elections. So, we must interpretand apply that single election code here."
 Id.
at 1290-1291.The Florida Supreme Court then concluded,
"[i]n sum, Florida’s statutory scheme
simply makes no provision for applying its rules one way for presidential elector electionsand another way for all other elections.
"
 Id.
at 1291.The Supreme Court of Florida has thus conclusively already ruled that this court has
 jurisdiction to consider and rule upon Plaintiff Voeltz’s elec
tion challenge on eligibility andfraud. This court must respectfully grant an evidentiary hearing. There should logically be noneed for Plaintiff to notice up a hearing, as this court had already committed itself to provide ahearing before it incorrectl
y and precipitously dismissed Plaintiff’s complaint. Given the
requirement under Florida law that election disputes be adjudicated quickly, this court mustrespectfully set an evidentiary hearing and adjudicate the issues at the earliest time practicable.Moreover, the case is not moot. Indeed, in the now famous 2000 Bush/Gore election challenge
cases, this Court proceeded to adjudicate the parties’
dispute long after the Florida Electors hadmet.Plaintiff is available January 2 or 3, 2013 for a telephonic status conference to set the datefor a specially set evidentiary hearing on the merits, as the law is now clear that one is requiredand that the prior dismissal order should be immediately vacated and set aside, as it was legallyin error. Late Friday, on December 29, 2012
, the court’s scheduling clerk advised that this
telephonic status conference could be held on Thursday, January 3, 2013; however Plaintiff respectfully requests an earlier date of January 2, 2013 as time is of the essence.
 
3Dated: December 31, 2012Respectfully submitted,
 /s/ Larry Klayman
Larry Klayman, Esq.F.L. Bar No. 2462202020 Pennsylvania Ave. NW, Suite 800Washington, DC 20006Tel: (310) 595-0800Email: leklayman@gmail.com

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