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LIBERTY LEGAL FOUNDATION v NDP of USA, et al. (USDC AZ) - 10.0 - AMENDED COMPLAINT [2nd Amd] - gov.uscourts.azd.651381.10.0

LIBERTY LEGAL FOUNDATION v NDP of USA, et al. (USDC AZ) - 10.0 - AMENDED COMPLAINT [2nd Amd] - gov.uscourts.azd.651381.10.0

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Published by Jack Ryan
01/23/2012 10 AMENDED COMPLAINT [b]2nd Amd[/b][/highlight]. Complaint against All Defendants, filed by Liberty Legal Foundation. (Attachments: # 1 Summons DNC Summons)(Irion, Van) (Entered: 01/23/2012)
01/23/2012 10 AMENDED COMPLAINT [b]2nd Amd[/b][/highlight]. Complaint against All Defendants, filed by Liberty Legal Foundation. (Attachments: # 1 Summons DNC Summons)(Irion, Van) (Entered: 01/23/2012)

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Categories:Types, Research, Law
Published by: Jack Ryan on Jan 24, 2012
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1 of 17Van IrionLiberty Legal Foundation9040 Executive Park Dr., Ste. 200Knoxville, TN 37923(423) 208-9953
 
van@libertylegalfoundation.com Attorney for Plaintiffs
UNITED STATES DISTRICT COURTFOR THE DISTRICT OF ARIZONA
 
LIBERTY LEGAL FOUNDATION;JOHN DUMMETT;LEONARD VOLODARSKY;CREG MARONEY,PlaintiffsCASE NO: 2:11-cv-02089v.
 
Judge: BoltonNATIONAL DEMOCRATIC PARTYof the USA, Inc.;DEMOCRATIC NATIONAL COMMITTEEDEBBIE WASSERMAN SCHULTZ,Defendants
SECOND AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY ANDINJUNCTIVE RELIEF
Plaintiffs Liberty Legal Foundation, John Dummett, Leonard Volodarsky, and CregMarone on behalf of themselves and all others similarly situated, by and through theirundersigned counsel Van Irion, bring this Complaint for declaratory and injunctive relief againstthe National Democratic Party of the USA Incorporated, the Democratic National Committee
(hereinafter “Democratic Party”
 
or “the Party”
), its subdivisions its officers, its employees, andits agents, and in support thereof allege the following upon information and belief.
 
Case 2:11-cv-02089-SRB Document 10 Filed 01/23/12 Page 1 of 17
 
2 of 17
NATURE OF THE ACTION
1.
 
Election codes and procedures of various states currently leave State election officialsdependent upon accurate and truthful representations from political parties regardingthe qualifications of candidates to hold Federal office. Specifically, the 50 Secretariesof State depend upon truthful representations by the Democratic Party that theindividual selected by the Party as its candidate for the office of President of theUnited States is constitutionally qualified to hold said office. When the Secretaries of State receive a document from the Democratic Party identifying
the Party’s candidate
for President, the Secretaries of State are
compelled to have that candidate’s name
placed on ballots in all counties of their state. It is well established that the function of the Secretaries of State in this capacity is ministerial; meaning that the Secretarieshave no authority to refuse once the Democratic Party has delivered the requireddocuments. Because the Secretaries of State have no authority to scrutinize the
candidate’s qualifications to hold office, thi
s procedure leaves the Secretaries of State, any opposing candidates, and all citizens of the states completely dependentupon a truthful and accurate representation from the Democratic Party that theircandidate is qualified to hold the office of President of the United States. This is whyall documentation sent to the Secretaries of State prior to 2008 identifying theDemocratic
Party’s candidate for President always included an explicit representation
that said candidate was qualified to hold the office of President of the United States.
1
 
1
In 2008 the Democratic
Party’s document did not include such an explicit representation;however, the Party’s organizational rules prohibit it from nominating a candidate that is not
qualified for the office of nomination. Therefore, the representation was implicit.
Case 2:11-cv-02089-SRB Document 10 Filed 01/23/12 Page 2 of 17
 
3 of 172.
 
This Complaint does not request or require this Court to find that President Obama isnot qualified to hold the office of President of the United States. Instead, thiscomplaint is directed toward
defining the term “natural
-
 born citizen”
under theConstitution of the United States, and toward negligence or intentionalmisrepresentations of the Democratic Party. This Complaint requests this Court toaffirm
the Supreme Court’s
definition of 
“natural
-
 born citizen” as “all children born
in a
country of parents who were its citizens.” See
 Minor v. Happersett 
, 88 U.S. 162(1875).3.
 
This Complaint does not request any injunction against any State or Federalgovernment official. Instead, this complaint asserts that the private entity, DefendantDemocratic Party, intends to act negligently or fraudulently in a manner that willcause irreparable harm to the Plaintiffs, to the States, and to the citizens of the UnitedStates.4.
 
Because Mr. Obama has admitted that his father was not a U.S. Citizen, and becausethis fact has been confirmed by the U.S. State Department, any reasonable personwith knowledge of these facts would doubt Mr.
Obama’
s Constitutionalqualifications. Therefore, any representation by the Democratic Party certifying saidqualifications would be negligent, absent further evidence verifying Mr.
Obama’s
natural-born status.
2
 5.
 
Therefore, the Plaintiffs request a declaration from this Court that a “natural
-bornciti
zen” is “all children born in a country of parents who were its citizens.” The
2
Hereinafter this Complaint will refer to President Obama, also known as Barack Hussein Obama Jr., Barack 
Obama II, and Barry Soetoro, as “Mr. Obama.” This reference is not intended to be disrespectful to the office of the
President or to the individual Barack Obama. It is used only to identify the individual, separate from the office, andto simplify communication for purposes of this Complaint.
Case 2:11-cv-02089-SRB Document 10 Filed 01/23/12 Page 3 of 17

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