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Scoal 2013-05-19 - Mcinnish Goode v Chapman - Zeigler Optional Motion for Leave to File Amicus Brief

Scoal 2013-05-19 - Mcinnish Goode v Chapman - Zeigler Optional Motion for Leave to File Amicus Brief

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Published by Jack Ryan
SCOAL 2013-05-19 - McInnish Goode v Chapman - ZEIGLER OPTIONAL MOTION FOR LEAVE TO FILE AMICUS
SCOAL 2013-05-19 - McInnish Goode v Chapman - ZEIGLER OPTIONAL MOTION FOR LEAVE TO FILE AMICUS

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Categories:Types, Research
Published by: Jack Ryan on May 20, 2013
Copyright:Attribution Non-commercial

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05/27/2013

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E-Filed
05/19/2013
@
12:07:12
PM
Honorable RobertEsdale
Clerk Of The Court
Case
No.
1120465
IN
THE
SUPREME COURT
OF
ALABAMAHUGH
MCINNISH,
et
al.,Appellants,v.
BETH
CHAPMAN, in her
capacity
as
Secretary
of
State,Appellee.
ON
APPEAL
FROM
THE
CIRCUIT
COURT
OF
MONTGOMERY
COUNTY,
ALABAMA
CV 2013-1053
OPTIONAL
MOTION
FOR
LEAVE
TO
FILE
AMICUS
BRIEF
This
motion
is
herewith
filed
by the
Alabama
Republican
Assembly,
a
grassroots
movement
of
conservatives across
Alabama
and
the
"conscience"
of
the
Republican
Party
("ARA")
as
stated
by
President
Reagan.ARA
is
dedicated
to
taking
back
the
Republican
Party
for
the vast
and
disenfranchised majority
of
its
members:
Reagan
conservatives,
who
believe
in
small
government,
lower
taxes, free
market
capitalism,
a
strong
defense,
the
right
to
life,
and
a
decent America.
ARA
has
an
inherent
and
strong
interest
in
insuring
the
legitimacy
of
each
 
candidate on the
Alabama
ballot,
the
more
so in the
case
of the country's chief executive
officer.
This
motion
is being
filed
under
Ala. R. App. P. 29, and as
such
it is
both
a request for leave to
file
the
amicus
and the
amicus
curiae
itself
which
would
be
filed
should leave be granted to do.ARA strongly believes that the decision of the
Montgomery
County
Circuit
Court
in
this
matter
is contraryto
Alabama
law. ARA further believes that
erroneous
decision
will
deprive its
membership
and the
citizens
of
Alabama
with the
right
to
ensure
that candidates are UnitedStates
citizens
and
meet
the
qualifications
for
office
asset out by applicable law.ARA is appalled at the
thought
that simple andreasonable steps
cannot
be
taken
to insure the sanctityof the
ballot.
The Secretary of State, in her capacityof Chief Elections
Officer,
has the
power
and
responsibility
to
make
reasonable
inquiries
into the
qualifications
of the candidates for President of theUnited States, and should do so, especially in the
instant
case
where
she has in
hand
credible
evidence
that
something
is
amiss.
 
In
McInnish
v. Chapman the
appellants
are
merely
asking that
the
court require
Chapman to
secure
from
the candidates
a
bona
fide
birth
certificate.
There
is
scarcely
a
legal
citizen
in the
state that
has not
been
required,
in the
simple pursuit
of a
normal every-day
life,
to
produce
his
birth certificate
- to
start
school,
to
join
a Cub
Scout
troop,
to
qualify
for a
job.
If
ordered
by the
Court
to demand
birthcertificates
from
the
candidates,
the
Secretary's
excuse
for
inaction that
she "has no
investigative
staff"
cannot
stand,
for
nothing deserving
of the
moniker
"investigation"
is
required. All that
is
needed
is
an
official
letter
to
each
candidate requiring
each
to
send
her a
birth
certificate,
one of
course
which
is
genuine.
And in
response
to the
argument
that
no
funds
are
in the
budget
for
such
a
thing,
the
only
expensewould
be the
cost
of
mailing
the
letter.
ARA
joins
with McInnish,
et
al.
in
asking that
the
Court
grant
their
plea
for a
writ
of mandamus
directed
to
the
Secretary
of
State requiring
her to
effect
this
simple action.

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