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FL VOELTZ III 2013-03-01 Motion for Written Opinion

FL VOELTZ III 2013-03-01 Motion for Written Opinion

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Published by Jack Ryan
FL VOELTZ III 2013-03-01 Motion for Written Opinion
FL VOELTZ III 2013-03-01 Motion for Written Opinion

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Published by: Jack Ryan on Apr 13, 2013
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04/13/2013

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IN THE DISTRICT COURT OF APPEAL, FIRST DISTRICTMICHAEL C. VOELTZ,Circuit Case No.: 2012CA00467Appellant,vs.BARACK HUSSEIN OBAMA, et. al.DCA Case No.: 1D12-3489Appellees. ____________________________________________ /
MOTION FOR WRITTEN OPINION PURSUANT TOFLORIDA RULE OF APPELLATE PROCEDURE 9.330(a)INTRODUCTION
Appellant Michael Voetlz seeks a written opinion of the First District Court of Appeals'dismissal of Florida Circuit Court case 2012CA00467 because it represents a question of great public importance, and a question of first impression involving the U.S. Constitution that should be reviewed by the Florida and U.S. Supreme Courts. This motion is timely pursuant to FloridaRules of Appellate Procedure Rule 9.330(a) which allows for 15 days to file this motion andRule 2.514 of the Rules of Judicial Administration which allows for 5 additional days after service my mail. Counsel respectfully asserts that based upon a reasoned and studied professional judgment that a written opinion will provide a scholarly complete and legitimate basis for both the Florida and U.S. Supreme Courts review because the ruling invalidates a statestatute, the Florida Constitution, and involves eligibility requirements of the U.S. Constitution.
E-Copy Received Feb 28, 2013 9:44 PM 
 
Existing law was modified by the ruling of Judge Terry Lewis, that Florida electioncontest statutes do not apply to Presidential Preference Primaries. This same issue is pendingappellate review in the current case 2012CA03857. Judge Terry Lewis ruling that Floridaelection contest statutes 102.168, and 101.252(1) do not apply to Presidential PreferencePrimaries directly conflicts with an earlier Florida Supreme Court ruling from the 2000 generalelection controversy that holds that Florida election statutes all apply to presidential elections.The Florida election statute relating to the Presidential Preference Primary (Fl. ss.103.101(4))specifically states that it shall be conducted in the same manner as other state elections.
Questions to be ascertained by the Florida and U.S. Supreme Court:
1.
 
Do Florida election laws allowing voters the ability to challenge the elig
ibility of “any personnominated or elected to office” (Fl. ss. 102.168(1)(3)(b)) apply to presidential preference
 primaries and general elections for the Office of President of the United States?2.
 
Did the state of Florida violate 3 U.S.C. §5 by not adjudicating with finality Appellantslegally filed election contest by the safe harbor date of December 11, 2012, and did thegovernor by his ascertainment of electors, illegally cla
im “section 2 status” of the Elector 
 Count Act 1887 (now US Code 3)?3.
 
Has the Secretary of State of Florida, Ken Detzner violated Fl. ss. 97.012, and unequallyapplied Florida election laws in violation of Appellant
’s due process and equal pr 
otectionrights and in violation of his oath of office?
ARGUMENT
Appellant has filed a legal and proper election contest action contesting the eligibility of Barack Hussein Obama to serve as president of the United States, bas
ed on Barack Obama’s
 
 birth as a British subject, of a British subject father, whom was married to his mother on August4, 1961, and was never a U.S. citizen and was not born within the United States.
 
Florida election statutes, in plain words, stipulate that
Florida “electors” (voters) may
challenge the eligibility of 
“any person, nominated of elected to
 
office” (Fl. ss.
 102.168(1)(3)(b)).
“Any person” certainly applies to Barack 
Hussein Obama. Mr. Obama was
“nominated” according to the plain
words of Florida election statute 101.252(1), by being thesole candidate for election chosen by the Democratic Party. The Florida statutes also stipulate
that a “’Primary election’ means
an election held preceding the general election for the purposeof nominating a party nominee to be voted for in the general election to fill a national, state,county, or district office.
(Fl. ss. 97.021(28)).
 
Thus by his position as the sole unchallenged candidate of the Democratic party, Barack 
Obama was “considered nominated
 
for the office” of President of the United
States by theFlorida Democratic Party delegation (Fl. ss. 101.252(1)). The Florida statutes do not say thePresidential Preference Primary
never occurred, only that the sole unchallenged candidate’s
 
name “shall not be printed on the ballot”. Florida statute
103.101(4) proves that the delegates for of Barack Hussein
Obama were being “nominated
,
and that the Presidential Preference Primaryshall be treated as any other election.
(“The names of candidates for 
 political party nominationsfor President of the United States shall be printed on official ballots for the PresidentialPreference Primary election and shall be marked, counted, canvassed, returned, and proclaimedin the same manner and under the same conditions, so far as they are applicable, as in other state
elections. If party rule requires the delegates’ names
to be printed on the official PresidentialPreference Primary ballot, the name of the presidential candidates for that political party may not be printed separately, but the ballot may reflect the presidential candidate to whom the delegate

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